The 2018 revised editions of the Australian Building Industry Contracts (ABIC) Major Works (MW), Simple Works (SW) commercial and domestic are provided below. Information about the ABIC contracts including which contract to use, FAQs and differences between the SW and MW contract, are available on the ABIC contracts page. For a revised edition of the ABIC Basic Works (commercial) contract refer to ABIC Basic Works BW 2018.
Note: The ABIC MW and SW user guides have been updated for the new Corporations Act / insolvency laws that will affect all contracts and in particular Section Q of the ABIC contracts. For an explanation of the changes refer to Termination rights and insolvency events.
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Major Works Contract for non-housing in the Australian Capital Territory
ABIC MW 2018 Reference copy
ABIC MW 2018 User guide
ABIC MW 2018 Template forms
Schedule ABIC MW 2018
Major Works Contract for housing in the Australian Capital Territory
ABIC MW 2018 H ACT Reference copy
ABIC MW 2018 H ACT Template forms
ABIC MW 2018 H ACT Information statement
Schedule ABIC MW 2018 H ACT
Simple Works Contract for non-housing in the Australian Capital Territory
ABIC SW 2018 Reference copy
ABIC SW 2018 User guide
ABIC SW 2018 Template forms
Schedule ABIC SW 2018
Simple Works Contract for housing in the Australian Capital Territory
ABIC SW 2018 H ACT Reference copy
ABIC SW 2018 H ACT Template forms
ABIC SW 2018 H ACT Information statement
Schedule ABIC SW 2018 H ACT
Information for housing (domestic)
Under the Building Act 2004 (the Act), projects for residential building and for which the contract price is $12,000 or more, must use a compliant form of contract, like the SW H ACT or MW H ACT. Under the Act, residential building work includes the construction, alteration or improvement to a residential building (as defined below) and associated building work, but not paving, fencing, retaining walls and swimming pools, or demolition of a whole building, among other things.
Under the Act, residential building means a building intended mainly for private residential use if for example the building has no more than three storeys (excluding any storey used exclusively for carparking), or a part of any building, more than three storeys or not, if that part provides structural support (is structurally integral) to a residential building.
The definition of residential building work in the Act is not particularly clear and the Act seeks to clarify the meaning by analysing a number of examples of building types and situations. If there is any doubt about whether the project is a residential building you should request that your client's legal adviser determines whether the Act applies to the project.
The SW H ACT and MW H ACT contracts also provide a mechanism for the owner to pay the contractor a deposit. The deposit amount is a pre-payment of the contract price. See the User Guide for more information on the deposit amount payable and how the mechanism for payment works under the ABIC 2018 contracts.
ABIC 2008 MW and SW versions withdrawn from sale and use
Effective September 2019: The ABIC 2008 versions of MW and SW are no longer published and have been withdrawn from sale and use. They have been replaced with the 2018 revisions of MW and SW, which were released in April 2018. The ABIC co-authors no longer give copyright permission for anyone to use the 2008 versions (and 2011 versions in Queensland) of the ABIC MW and SW contracts, subcontracts, User Guides, the associated ABIC supporting documentation, nor the related Acumen guidance (the ABIC 2008 Materials). The ABIC co-authors do not give anyone permission to use, adapt, modify, reproduce nor communicate the ABIC 2008 Materials, unless permission is given under an express licence. Any such use is a breach of copyright and at a user’s own risk. The Institute no longer provides customer support or guidance about the ABIC 2008 Materials and we encourage all users to purchase and use the 2018 contracts and related supporting documents.
Disclaimer
This content is provided by the Australian Institute of Architects for reference purposes and as general guidance. It does not take into account specific circumstances and should not be relied on in that way. It is not legal, financial, insurance, or other advice and you should seek independent verification or advice before relying on this content in circumstances where loss or damage may result. The Institute endeavours to publish content that is accurate at the time it is published but does not accept responsibility for content that may or has become inaccurate over time. Using this website and content is subject to the Acumen User Licence.