Updated Subcontract & Supply Agreements
AS4901 & AS4903 Subcontract Agreements
Please make yourself aware of the following changes:
- QLD only – The Security of Payments act previously known as BCIPA has been replaced with the BIFA (Building Industry Fairness Act) and Chapter 3 of the Act was enacted 17 December 2018. Strict penalties apply around payment of subcontractors (both at a company and personal level). Teams are to familiarize themselves with BIFA https://www.legislation.qld.go...
- Safety Requirements and HSE Requirements Annexures removed in lieu of subcontractor link (refer clause 12.2) https://subbies.hutchies.com.a...
- Timing for progress claims noted as last business day of the month.
- Annexure for Programme added in.
- Order of Annexures in line with HB order of precedence of these documents.
- QLD only – Retention Release Notice (Annexure Q) added in in line with BIFA requirements.
- All States – Subcontracts revised to reflect changes to state specific legislation updates.
- Subcontract Conditions Clause order updated and expanded upon where required to reflect legislative updates.
Supply Agreements
Please make yourself aware of the following changes:
- Multijurisdictional amendments: Supply agreement has been updated with a number of amendments to make this Agreement multijurisdictional.
- Security of Payment Legislation – Qld: Note that, this Agreement refers to the BIFA.
- Clause selections: To keep the Agreement simple, we have not provided for options in the T&Cs but there is the option to select clauses in the Special Conditions depending upon whether or not they apply to the jurisdiction.
- Subcontractor’s website: New HB link provided as to the keeping of records (i.e. records and documents that the supplier is to maintain) - clause 2.1(f).
- Timing for supplier invoices is noted as the last business day of the month.
More information
If you need additional support, please email Bree Hoek or Owen Valmadre. Alternatively phone +61 7 3859 6310 / +61 7 3335 5045.