New South Wales · ABIC SW 2018 H

ABIC SW 2018 H NSW - Monthly Progress Payments + Supply Chain Special Conditions

Monthly progress payments with a controlled, architect-assessed mechanism for supply chain cost increases.

Volatile material costs and international supply disruption have made fixed pricing a significant risk on residential projects. This option pairs the monthly progress payment amendment with a disciplined supply chain cost-increase mechanism for ABIC SW 2018 H NSW contracts, so genuine, evidenced cost shocks can be shared without opening the door to unilateral price rises.

The mechanism is deliberately narrow: only international-supply-dependent overruns above a ten percent threshold qualify, claims are made on an open-book basis within a fixed window, and the architect assesses every claim before any adjustment to the contract price. It gives both parties a fair, transparent route through cost volatility while keeping control with the contract administrator.

Christopher Larcos, a solicitor and registered architect, drafted the supply chain mechanism to keep assessment with the architect as contract administrator, so no adjustment to the contract price is made unilaterally.

$220.00AUD

One-off licence · watermarked PDF

Match your ABIC contract format

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.

  • Caps exposure to global cost shocks: only international-supply-dependent overruns above ten percent qualify, claimed on an open-book basis within twenty business days.

  • The architect assesses every claim within twenty business days and adjusts the contract price; unilateral price hikes are excluded.

Best suited to

  • Projects dependent on imported or volatile-priced materials
  • Builders needing relief from genuine global cost shocks
  • Owners who want increases evidenced and independently assessed

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?

There is nothing separate to sign, but there is one thing to fill in: the cost clauses rely on figures the two of you agree and write into the contract.

  1. What you receive

    A licensed PDF covering the monthly payment changes and the supply chain cost clauses in one set.

  2. How it goes in

    Add it to the contract’s list of documents at item 3 of schedule 1, and fill in the schedule figures the cost clauses point to, so the agreed basis is written into the contract rather than left in emails. Clause B2 is the ABIC provision that ranks the contract documents, and these Special Conditions are drafted to take effect through it.

  3. When it starts working

    Once the contract is signed with the Special Conditions listed. The cost clauses require a claimed increase to be evidenced and assessed by the architect before any adjustment to the contract price.

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 contract

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

How is exposure to cost increases limited?

Only overruns that depend on international supply and exceed ten percent qualify, and they must be claimed on an open-book basis within twenty business days, so ordinary price movement is not passed through.

Who decides whether a cost increase is payable?

The architect assesses every claim within twenty business days and adjusts the contract price accordingly. Unilateral price hikes by the builder are excluded.

Does this option include monthly progress payments?

Yes. These Special Conditions combine the monthly progress payment regime with the supply chain cost-increase mechanism in one document for ABIC SW 2018 H NSW contracts.

Is anything needed beyond adding the document?

Yes, one thing. As well as adding the document to the contract’s list at item 3 of schedule 1, you fill in the schedule figures the cost clauses point to, so the agreed basis is written into the contract rather than left in emails.