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.
$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.
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
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
You receive the Special Conditions document for your contract, not a separate agreement. It is inserted as the contract’s Special Conditions, referenced at item 3 of schedule 1 and given effect by clause B2, the order of precedence provision, after which its instructions operate on the printed clauses.
It opens with "The conditions of this contract are amended as follows:" and works through numbered instructions that name each clause, item or schedule and set out the new text in full. The supply chain provisions are the most structural part: an entirely new section T is inserted after section S, with a supporting new item 31 added to schedule 1 so the parties record the agreed threshold and mechanism on the face of the contract rather than in correspondence.
Because a new section and a new schedule item are involved, the amendments are drafted as a single coherent set and should be inserted together. 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.
- A new item 31 is inserted into schedule 1 after item 30b, carrying the particulars the new clause T2 relies on.
- Clause J1 is amended to align the variation procedure with the monthly cycle.
- 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.
- A new section T is inserted after section S, containing the supply chain and cost adjustment regime.
- Clause S1 is adjusted: a superseded definition is deleted and the definitions supporting section T are inserted.
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
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. It combines the monthly progress payment regime with the supply chain cost-increase mechanism in one set of Special Conditions for ABIC SW 2018 H NSW contracts.