For General Minor Works in South Australia.
Please note larger projects such as kitchen, bathroom, laundry and alternations and additions are subject to additional terms and conditions that will be provided to you in writing with your official HIA Contract.
1.
Our main obligations:
- We will do the work for you at the site.
- We will do it properly and skillfully.
- We will do it as required by any statute and by any engineer advising on the work.
- We will use good and proper materials.
- We may subcontract the whole works, or any part thereof.
2.
Payment of the Price:
- You must pay us the price.
- You must pay it at the times, and in the installments agreed.
- But if none has been agreed then, at times, we will give you progress claims for payment of part of the price.
- However, we cannot claim payment for work before we have done it.
- Once you receive a payment claim, you must pay the amount claimed within five (5) working days.
- We will charge you interest at 15% per annum on what is unpaid after then.
3.
Access:
- We are responsible for access in the ways (if any) set out in Item 5.
- Except in those ways, you are responsible that we always have all-weather access from a public road to every place on the site where the works is to be done. [This means that we must be able to move all vehicles, machinery, equipment and materials freely over the site. As an example, a problem may occur when bad weather causes boggy ground.]
- You must not disrupt the work.
4.
Time for doing the work:
- “Practical Completion” means when the work is substantially complete and reasonably fit for use.
- The work must be practically complete by the finish date.
- However, the finish date may be put back by whatever time is reasonable if there is a delay in the work because of anything beyond our control.
- If no finish date is given, we must do the work at a reasonable pace.
5.
Variations with your consent:
- A “variation” is a change in the work or extra work.
- If you tell us you want a variation, or if we suggest a variation, then we will give you a written quote to do it.
- The quote must set out the change to the price to do the variation.
- We will not do the variation unless you have accepted the quote by signing it.
- The contract price will then go up or down according to the change you were quoted.
- We can still charge you for a variation if our quote is accepted by you verbally or by your conduct.
6.
Variations without your consent:
- After the date of contract the local council, or the engineer or a government agency may require a variation.
- In that case, we will do the variation, and we can do so without your consent.
- We may also vary the work without your consent where materials become difficult to get but we can supply suitable replacement materials.
- You will, in relation to variations under Clauses 6.1 and 6.3, be charged the price for the variation including an amount for our margin, being 15% (which includes overheads), applied to the cost of that work.
- You will receive a fair credit for any deleted work.
7.
Insurances:
- We will insure the work until practical completion (see Clause 4.1) under a contract works policy. [WARNING – make sure you insure the work from practical completion.]
- We will have public liability insurance of at least $5,000,000.00.
- If the price is $12,000.00 or more, and the work is domestic building work (as defined in the Building Work Contractors Act SA) needing local council approval, we will get building indemnity insurance for you (applies in SA only).
- We will pay any WorkCover levies which are our responsibility.
8.
You must insure:
- Any buildings or structures on the site at the date of contract; and
- Anything else on site which has not been supplied by us (for example, materials supplied by you). [WARNING – make sure you insure these things.]
9.
Our right to fix:
- If at any time you claim that any part of the work is defective or incomplete, you must tell us by written notice.
- So far as we accept responsibility, we have the right to fix the work.
- However, we must do so within a reasonable time.
10.
Dispute resolution:
- A “dispute” means any dispute between you and us to do with this contract.
- “HIA” means the Housing Industry Ltd.
- At any time, either party can give a notice to the HIA referring any dispute for conciliation.
- The HIA will then promptly appoint an independent conciliator to conciliate the dispute.
- The dispute will be handled under the standard HIA terms of dispute resolution procedures.
- Nothing in this Clause excludes the operation of the Building Work Contractors Act (SA).
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