New South Wales · ABIC SW 2018 H
ABIC SW 2018 H NSW - Monthly Progress Payments + Force Majeure Special Conditions
Monthly progress payments combined with force majeure cover for events outside the control of either party.
This option layers a force majeure regime on top of the monthly progress payment amendment for ABIC SW 2018 H NSW contracts. It addresses the reality that construction programs are exposed to events no party can control - natural disasters, pandemics, war, and government action - and gives the contract a clear, agreed mechanism for dealing with them.
Rather than leaving delay risk to be argued after the fact, the Special Conditions suspend affected obligations while a qualifying event continues and give either party a defined exit if the disruption runs on. The result is a monthly-payment ABIC SW 2018 H contract with a practical, pre-agreed answer to force majeure.
Christopher Larcos, a solicitor and registered architect, drafted these Special Conditions so the force majeure clauses sit inside the ABIC contract’s own time and delay machinery rather than alongside it.
$220.00AUD
One-off licence · watermarked PDF
Digital and paper conditions are not interchangeable, so pick the format that matches your underlying ABIC contract.
What this covers
Replaces the ABIC stage payment schedule with monthly progress claims.
Aligns the variation instruction and quotation procedure with the monthly claim cycle.
Suspends affected obligations during natural disasters, pandemics, war, or government acts; lets either party walk away after sixty continuous days of delay.
Best suited to
- Projects exposed to weather, supply, or regulatory disruption
- Builders wanting an agreed force majeure mechanism up front
- NSW residential contracts on longer or higher-risk programs
New South Wales context
Christopher Larcos drafted these Special Conditions for use in New South Wales, framed around the Home Building Act 1989 (NSW). They supplement the standard ABIC contract and should be read together with it.
How are these Special Conditions added to your ABIC contract?
The payment changes and the force majeure clauses come as one document, so they go in together. There is nothing separate to sign.
What you receive
A licensed PDF covering both the monthly payment changes and the force majeure clauses in one set.
How it goes in
Add it to the contract’s list of documents at item 3 of schedule 1, alongside the drawings and specifications. Clause B2 is the ABIC provision that ranks the contract documents, and these Special Conditions are drafted to take effect through it.
When it starts working
Once the contract is signed with the Special Conditions listed. The force majeure clauses are written so the position on events like a natural disaster or a government shutdown is set out in the contract from the start.
Choose the edition matching your contract
Digital ABIC contract
Typeset against the digital ABIC contract, following that edition’s defined-term notation and matched to its schedule set.
Paper ABIC contract
Typeset against the paper ABIC contract, using the asterisk convention for defined terms and matched to its printed schedules.
The two editions are not interchangeable. These Special Conditions supplement the ABIC contract rather than replacing it, and you obtain that contract from the publisher, Australian Building Industry Contracts.
This describes how the document is designed to be incorporated. It is general information about the product, not legal advice on your project, and not a representation about how any particular contract will operate.
Have it reviewed with your contractImportant information
- All documents are provided as watermarked PDFs under licence
- The licence permits use for project documentation in accordance with the licence terms
- These Special Conditions are intended to supplement standard ABIC contracts and should be read in conjunction with them
Common questions
What counts as a force majeure event under these conditions?
The Special Conditions address delay events beyond the control of the parties (including natural disasters, pandemics, war, and acts of government), suspending affected obligations while the event continues.
What happens if a force majeure delay drags on?
Either party may bring the contract to an end after sixty continuous days of qualifying delay, so neither side is locked into an indefinitely stalled project.
Does it still include the monthly progress payment change?
Yes. This option includes the full monthly progress payment regime and adds the force majeure provisions on top, so you get both protections in a single set of Special Conditions.
How do the payment and force majeure provisions attach to the contract?
As one document. Both the payment changes and the force majeure clauses are added to the contract’s list of documents at item 3 of schedule 1, and they are drafted to take effect through clause B2, the ABIC provision that ranks the contract documents. Nothing is signed separately.