These Special Conditions have been prepared for use by the builder and the owner, as an alternative form of contract, for situations where:
- the bank or financier imposes on the parties a Housing Industry Association HIA NSW Residential Building Contract for Renovations and Additions (September 2018 version) as a condition of approving finance, but
- where the parties had already agreed to include the role and functions of the Architect administering a contract under the ABIC Simple Works 2018 NSW contract.
The Special Conditions include the role and functions of the Architect under the ABIC SW 2018 H NSW contract and introduce a number of the familiar definitions and mechanisms from the ABIC SW 2018 H NSW contract into the HIA NSW Residential Renovations and Additions contract.
Note 1: Every bank or financier has a right to impose whatever reasonable or commercial conditions it considers appropriate on an offer or approval to provide financing. We make no representations and cannot guarantee that either these Special Conditions or the HIA NSW Residential Renovations and Additions contract will be acceptable to all or to any particular bank or financier.
Note 2: The Institute is not affiliated with and does not endorse any HIA contract or product.
Note 3: The Institute cannot and does not guarantee that the HIA NSW Residential Renovations and Additions contract is a suitable form of contract for the parties to use on their particular project. We recommend that the parties get legal and other professional advice on whether a particular form of contract is suitable for their project and specific circumstances.
Instructions on how to adopt the Special Conditions
Always seek confirmation in writing that the parties and the bank or financier have agreed to adopt these Special Conditions that amend the HIA NSW Residential Renovations and Additions contract.
To assist the parties to effectively adopt these Special Conditions as binding contract conditions, we suggest you follow these steps when preparing the contract:
1. Complete the details of the Architect in the Special Conditions and print 2 copies to accompany the HIA NSW Residential Renovations and Additions contract that will be signed.
- Typically, there will be 2 copies of the contract, one for the Owner and one for the Builder.
2. Insert and staple each printed copy of the Special Conditions behind the ‘Special Conditions’ cover page (which is after Schedule 7 and before the ‘Signatures’ page) of each HIA NSW Residential Renovations and Additions contract document.
- Alternatively: Prepare a digital PDF version of the HIA NSW Residential Renovations and Additions contract document and digitally insert the Special Conditions behind the ‘Special Conditions’ cover page (which is after Schedule 7 and before the ‘Signatures’ page).
3. Arrange for the Owner and the Builder to initial the ‘Special Conditions’ cover page (which is after Schedule 7 and before the ‘Signatures’ page) and each page of the Special Conditions when they sign the HIA NSW Residential Renovations and Additions contract.
- Alternatively: the Owner and Builder may prefer to sign only every page that has contract information details and the very last page of the Special Conditions.
4. Keep a copy of the HIA NSW Residential Renovations and Additions contract plus the Special Conditions attached, so you can refer to it when administering the contract.
Disclaimer: The HIA Special Conditions schedule approximates an ABIC contract only, it does not mirror the ABIC contract for all provisions. You should take the time to understand and familiarise yourself with the HIA NSW Residential Building Contract for Renovations and Additions (September 2018 version) (as amended by these Special Conditions) as the role and functions of the Architect, while similar, differs from the ABIC SW 2018 H NSW contract. You should not assume that the provisions from the ABIC contract you are familiar with in your state/territory are adopted in the HIA Special Conditions schedule.
The following downloadable reference table has been prepared as guidance to assist you to understand the provisions in the HIA NSW Residential Renovations and Additions, as amended by the Special Conditions and to find a corresponding provision from the ABIC Simple Works contract.
Download the reference table here.
Download the Special Conditions to the HIA NSW Residential Renovations and Additions contract here.
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.