August 2020 update alert: The ABIC authors have issued a minor update to the ABIC SW 2018 H Tasmanian contract, available in August 2020. This minor update only fixes cross-references in the schedules and conditions of the contract, but does not change the substance or effect of the contract itself. The only other change made is to the ways in which the owner can send to the contractor the Withdrawal Notice during the cooling-off period, under the Tasmanian residential building legislation. This change also applies to the MW H Tasmania contract. The wording clarifies that the owner can send the Withdrawal Notice by email to the contractor's email address nominated in item 1 of the schedule 1. This is also consistent with clause R1 which deals with the methods that the parties can send notices under the contract to each other.
This minor update otherwise remains the ABIC 2018 version of this contract that you are familiar with administering. To check if your contract is the minor update, the footer of the update will show the copyright assertion as 2020.
This update does not directly affect or withdraw the 2018 issues of the ABIC SW 2018 H Tasmanian contract. You can continue to administer your projects that commenced under that issue of the contract, and you could use the available Reference Copy of this 2020 update to confirm the correct cross-references.
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.
Search for and buy contracts through our Online store.
Major Works Contract for non-housing in Tasmania
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 Tasmania
ABIC MW 2018 H Tas Reference copy (2020)
ABIC MW 2018 H Tas Template forms
ABIC MW 2018 H Tas Information statement
Schedule ABIC MW 2018 H Tas (2020)
Residential Building Consumer Guide
Simple Works Contract for non-housing in Tasmania
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 Tasmania
ABIC SW 2018 H Tas Reference copy (2020)
ABIC SW 2018 H Tas Template forms
ABIC SW 2018 H Tas Information statement
Schedule ABIC SW 2018 H Tas (2020)
Residential Building Consumer Guide
Information for housing (domestic)
Under the Residential and Building Work Contracts and Dispute Resolution Act 2016 (RBWC 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 Tas or MW H Tas. Both contracts adopt stage payments as required under the RBWC Act.
Under the RWBC Act, residential building is generally constructing, altering, underpinning or demolishing a dwelling. If the project is the owner’s home or multi-unit housing, with no more than 3 separate dwellings one above the other, the project involves residential building work.
However, a building separated into different places of residence for rental, or a building designed to house more than 12 people not of the same family is not a residential building under the legislation. If the project is a hotel, boarding house and the like, usually providing temporary accommodation, the builder or the owner should get legal advice about whether the legislation applies to the project.
The MW H Tas and SW H Tas 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 RBWC and the departmental Determination. 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.