New South Wales · ABIC SW 2018 H
ABIC SW 2018 H NSW - Monthly Progress Payments + Supply Chain + Force Majeure Special Conditions
The full package: monthly progress payments, supply chain cost protection, and force majeure cover.
This is the most comprehensive of the ABIC SW 2018 H NSW options, combining every amendment in the family into a single set of Special Conditions: monthly progress payments, a controlled supply chain cost-increase mechanism, and a force majeure regime for events beyond the control of the parties.
It suits projects where cash flow, cost volatility, and program disruption are all live concerns and the parties want one coherent, pre-agreed framework rather than three separate conversations. Every mechanism is drafted to work together against the ABIC SW 2018 H document, keeping assessment and certification with the architect.
$320.00AUD
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.
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.
Best suited to
- Larger or longer NSW residential projects carrying multiple risks
- Builders wanting cash flow, cost, and delay cover in one document
- Parties who prefer a single, coherent set of Special Conditions
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 provision fixing the order of precedence of the contract documents.
It opens with "The conditions of this contract are amended as follows:" and then works through the full set of numbered instructions, each naming the clause, item or schedule it changes and reproducing the new text in full. This is the most extensive of the ABIC SW 2018 H sets: it restructures the payment cycle, inserts the force majeure clauses into the contract’s time and delay provisions, and adds an entirely new section for supply chain cost adjustment, with the schedule 1 items those provisions depend on.
The three modules are drafted as one integrated document precisely so their interactions are already resolved, for example how a force majeure delay interacts with a monthly claim and with a cost adjustment. They should be inserted as a single 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.
- 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.
- New clauses L7 and L8 are inserted after clause L6, introducing the force majeure regime.
- 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 the force majeure and supply chain provisions 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
What is included in the full package?
It combines monthly progress payments, the supply chain cost-increase mechanism, and force majeure protection into one set of Special Conditions for ABIC SW 2018 H NSW contracts.
Why choose this over the individual options?
When a project faces cash flow, cost volatility, and delay risk together, a single integrated set of Special Conditions is simpler to administer than layering separate amendments, and ensures the mechanisms are drafted to work together.
Is it specific to New South Wales?
Yes. It is drafted for ABIC SW 2018 H contracts used on residential building work in New South Wales.