Building Contract Special Conditions
ABIC Special Conditions
Specialist drafting of special conditions for ABIC building contracts across Australia: tailored to each state’s residential building legislation
Standard-form ABIC contracts are not ready to sign without special conditions. Every residential building project requires amendments tailored to the jurisdiction, the payment structure, and the commercial arrangements between the parties.
Christopher Larcos specialises in drafting special conditions for ABIC contracts, the suite of architect-administered building contracts published by the Australian Institute of Architects and Master Builders Australia. His special conditions address the gaps that the standard form leaves open: progress payment structures, force majeure protections, supply chain cost provisions, and compliance with state residential building legislation.
Each Australian jurisdiction imposes distinct requirements on residential building contracts. In New South Wales, the Home Building Act 1989 mandates specific contract inclusions. Victoria’s Domestic Building Contracts Act 1995 imposes its own regime. Western Australia’s Home Building Contracts Act 1991, Queensland’s QBCC Act, and the equivalent legislation in South Australia, Tasmania, the ACT, and the Northern Territory each require different special conditions to achieve compliance.
Whether the project is in Sydney, Melbourne, Brisbane, Perth, Adelaide, Hobart, Canberra, or Darwin, the special conditions must be drafted with precision - satisfying the local legislation without undermining the ABIC contractual framework that both parties rely on.
Special Conditions We Draft
Pre-drafted special conditions available for immediate licence, plus bespoke drafting for project-specific requirements across all Australian jurisdictions.
Monthly Progress Payment Conditions
Special conditions converting the ABIC SW 2018 H milestone payment structure to monthly progress payments, the most common amendment requested by builders and owners in NSW, Victoria, Queensland, and Western Australia.
Force Majeure & Supply Chain Provisions
Special conditions addressing force majeure events and supply chain cost fluctuations, essential protections absent from the standard ABIC form that became critical during and after the pandemic across all Australian states.
Residential Building Compliance Conditions
Jurisdiction-specific special conditions ensuring ABIC contracts satisfy the Home Building Act 1989 (NSW), Domestic Building Contracts Act 1995 (Vic), Home Building Contracts Act 1991 (WA), and equivalent legislation in Queensland, South Australia, and Tasmania.
Cost-Plus Compliance Conditions
Special conditions adapting the ABIC CP-2014 C commercial cost-plus contract for lawful use on residential building work, required in New South Wales, Western Australia, and other jurisdictions with residential building legislation.
What Makes ABIC Special Conditions Different?
ABIC contracts use an architect-administered model that is fundamentally different from other standard-form building contracts in Australia. The architect acts as an independent contract administrator, assessing progress claims, certifying payments, and deciding variations, rather than acting as the owner’s agent.
Special conditions for ABIC contracts must work within this framework. Poorly drafted conditions that inadvertently alter the contract administrator’s role, or that conflict with the payment certification regime, create ambiguity and disputes that the standard form was designed to avoid.
By contrast, special conditions drafted by Master Builders associations or generic online templates are typically written for contracts where the owner (not an independent architect) administers the contract. Applying those conditions to an ABIC contract often creates internal inconsistencies that only become apparent when a dispute arises.
Christopher’s special conditions are drafted specifically for the ABIC framework, by someone who has both administered ABIC contracts as an architect and advised on them as a solicitor. This dual perspective ensures the conditions integrate seamlessly with the standard form.
Who Needs ABIC Special Conditions?
Builders entering ABIC contracts for residential work in NSW, VIC, QLD, WA, SA, TAS, ACT, or NT
Architects preparing ABIC contracts for administration
Owners who want monthly progress payments rather than milestone payments
Parties requiring force majeure or supply chain protections
Builders using ABIC CP-2014 C on residential projects requiring compliance conditions
Legal practitioners advising on ABIC contract amendments
Need Special Conditions for Your ABIC Contract?
Browse pre-drafted special conditions available for immediate licence, or get in touch to discuss bespoke drafting for your project’s specific requirements.
Specialist Credentials
- Fellow of the Australian Institute of Architects (FRAIA)
- Dual-qualified solicitor and registered architect
- 40+ years in the construction industry
- Adjudicator across five Australian jurisdictions
- Former NSW Editor, Building & Construction Law Journal