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.
$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
Locks in monthly billing instead of stage payments.
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
These Special Conditions are drafted for use in New South Wales and are framed around the Home Building Act 1989 (NSW). They supplement the standard ABIC contract and should be read together with it.
After you purchase: how these terms are integrated
This is the Special Conditions document for your contract rather than a standalone agreement. It is inserted as the contract’s Special Conditions, referenced at item 3 of schedule 1 and given effect by clause B2, the clause that fixes the order of precedence of the contract documents. From that point its instructions operate directly on the printed clauses.
It opens with "The conditions of this contract are amended as follows:" and then sets out numbered instructions, each identifying the clause, item or schedule affected and reproducing the new text in full. The force majeure provisions are added as new clauses L7 and L8, immediately after the existing clause L6, so they sit within the contract’s own time and delay machinery rather than bolted on at the end.
The payment amendments and the force majeure clauses are drafted to work together and should be inserted as one set. Both parties then execute the ABIC contract with the Special Conditions included among the contract documents.
Digital and paper editions
Digital ABIC contract
Set to match the digital ABIC contract and its defined-term notation. It does not carry the Schedule 11 deletion instruction, because the digital form’s schedule set differs from the paper form’s.
Paper ABIC contract
Set to match the paper ABIC contract, using the asterisk convention for defined terms and expressly deleting Schedule 11 (the Stage Payments Schedule) in its entirety, since the paper form prints that schedule.
The two editions are not interchangeable. Choose the one matching the underlying ABIC contract you hold, which you obtain from the publisher, Australian Building Industry Contracts. These Special Conditions supplement that contract; they do not replace it.
What the amendments change
- Item 26 of schedule 1 is replaced, fixing the monthly date for submitting progress claims.
- Clause J1 is amended to align the variation procedure with the monthly cycle.
- New clauses L7 and L8 are inserted after clause L6, introducing the force majeure regime into the contract’s time and delay provisions.
- Clause N2 is amended so the owner pays progressively in accordance with section N.
- Clauses N3 and N4 are each replaced in full with the monthly progress claim and certification procedures, including the architect’s 10 business day certification obligation.
- Clause S1 is adjusted: a superseded definition is deleted and a new defined term supporting the force majeure clauses is added.
This explains how the document is structured to be incorporated into the standard ABIC contract. It is general information about the product, not legal advice on your project. If you would like the contract and these conditions reviewed together, or the amendments adapted for a different jurisdiction or contract, get in touch.
Important 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.