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 South Australia
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 South Australia
ABIC MW 2018 H SA Reference copy
ABIC MW 2018 H SA Template forms
ABIC MW 2018 H SA Information statement
Schedule ABIC MW 2018 H SA
Simple Works Contract for non-housing in South Australia
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 South Australia
ABIC SW 2018 H SA Reference copy
ABIC SW 2018 H SA Template forms
ABIC SW 2018 H SA Information statement
Schedule ABIC SW 2018 H SA
Information for housing (domestic)
Under the Building Work Contractors Act 1995 (the Act) projects for domestic building work with a contract price of more than $12,000 must use a compliant form of contract, like the ABIC 2018 SW H SA or MW H SA.
The SW H SA also provides a mechanism for the owner to pay the contractor a deposit. The deposit amount is a pre-payment of the contract price, capped to limits specified in the Act. See the user guide for more information on the deposit limits and how the mechanism for payment works under the ABIC 2018 contracts.
Under the Act, domestic building work is constructing, erecting, underpinning, altering, repairing, improving, adding to or demolishing a house including the site preparation. If the project is your client’s home, or multi-unit housing to be sold by your client, there is little doubt that domestic building work is involved.
A house is generally a building intended as a residence, but there are exceptions. Hotels, boarding houses and the like usually providing temporary accommodation are not a ‘house’. If the project is residential but provides temporary accommodation, you should request that your client’s legal adviser determines whether the Act applies to the project.
The MW H SA and SW H SA also provide a mechanism for the owner to pay the contractor a deposit. The deposit amount is a pre-payment of the contract price, capped to limits specified in the Act. See the User Guide for more information on the deposit limits 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.