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ToolShed won't be available on 1 February 2020 from 12am to 6am due to scheduled maintenance.

Find Your Builder
About NZCB
The NZCB Team
Our Board of Directors
Why join NZCB?
Apprenticeships
Our Partners
Contact Us
Find Your Builder

Find Your Builder

Finding the perfect builder for your new home or renovation is straightforward with NZCB. Just punch in your location or the name of a builder or company into the search field – and let the journey begin.

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Making the decision to build a new home or renovate your property is a biggie – and the work involved can make your head spin. Choosing an NZCB approved builder will give you the confidence you need to embark on one of the biggest projects of your life with peace of mind.

Here’s why:

  • Your building project is backed by Halo – New Zealand’s most comprehensive 10 year residential guarantee.
  • Our builders must meet strict criteria to ensure their practical expertise is second to none.
  • Projects big or small – NZCB builders are known for exceeding expectations, every time.

Once you’ve given a NZCB builder the green light, rest assured you’ll be working with an expert who puts your needs first, keeps the communication lines open and produces high quality workmanship that will last a lifetime.

Choose to work alongside a NZCB approved builder and you’ll build with real peace of mind.

About NZCB

Who we are

New Zealand Certified Builders is a membership organisation set up by a group of trade qualified builders in 1998. These builders, led by Tauranga’s Craig Wilkinson, wanted to create a group that would protect homeowners from unqualified builders and unethical practices and promote excellence in building standards.

An industry leader, NZCB has an extensive membership of builders throughout New Zealand proudly carrying the NZCB stamp of approval. Each builder is trade qualified with a strong history of stability and success. 

How NZCB operates

NZCB operates in accordance with the Incorporated Societies Act 1908. The Association is governed by a National Board, consisting of 4 Member Directors including Chairperson, and up to 2 Additional Independent Directors. The Chief Executive attends all Board meetings as a non-voting participant. The policy of the Board is carried out by a management team lead by the CE and his staff.

Who can join NZCB?

If you’re a New Zealand builder who’s passionate about providing superior workmanship and meets the NZCB membership criteria, welcome aboard. The first requirement is to hold a recognised trade qualification equivalent to or better than National Trade Certificate in Carpentry Level 4.

To ensure our high standards are maintained, we also take into account a builder’s history of stability and success, continued solvency, absence of complaints by customers and suppliers, a good untarnished reputation and brand, and consistently high standards.

Find out more about joining NZCB
Contact us about becoming an NZCB member

The NZCB Team

The NZCB Team

At NZCB’s National Support Centre you will find a dedicated team that provide a broad spectrum of services to our members.

View our team below and find out a bit more about their specialist roles:

Malcolm Fleming

CHIEF EXECUTIVE

Leading the delivery of the Association’s Strategic and Management Plans

Governance, advocacy, and operational engagement with the NZCB Board of directors and liaison with other strategic stakeholders

Public relations including managing all press/news stories

Leading the operations of the Association including overseeing the National Support Office Staff

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Helen Thornton-Gussy

OPERATIONS MANAGER

Executive Support to the NZCB Chief Executive and NZCB Board of Directors

Supports NZCB Regional Presidents and NZCB National Support Office Staff

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Membership and Education Team

Shane Ririnui

EDUCATION AND TECHNICAL MANAGER

Manages, plans and delivers builder education and compliance

Manages membership acquisition strategy and the Membership and Education Team

Support for members and homeowners when things go pear shaped on-site

Support for NZCB Regional Presidents

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Nick Matthews

INDUSTRY PATHWAYS AND APPRENTICESHIP MANAGER

Manages the ITAB Apprenticeship Programme and  AST 

Manages the delivery and impact of RoVE to members

Managers the NZCB Apprentice Challenge

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Andrew Macdonald

TERRITORY MANAGER – AUCKLAND/NORTHLAND

Auckland Member Support

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Brad Mitchell

TERRITORY MANAGER – CENTRAL & LOWER NORTH ISLAND TO WELLINGTON

Central & Lower North Island to Wellington Member Support

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Nick Mooney

TERRITORY MANAGER – SOUTH ISLAND

South Island Member Support

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Shaye Baker

NEW MEMBERSHIP COORDINATOR

Manages and processes all:
• new membership applications
• company structure changes
• membership upgrades

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Kelly Sheridan​

CUSTOMER LIAISON COORDINATOR​

Homeowner enquiries and consumer information

Provides dispute resolution information and liaises and facilitates between homeowners and members to assist in project completion

Supports the New Membership Coordinator with processing

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Finance Team

Sandra Kennerley

CHIEF FINANCIAL OFFICER

Manage and co-ordinate all aspects of the finance and financial reporting obligations for NZCB and its subsidiaries

Manage and co-ordinate the preparation of monthly financial reports and commentaries

Provide leadership, direction and management of the finance and accounting team

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Esmeralda Loots

CUSTOMER SERVICE / ACCOUNTS ADMINISTRATOR

Accounts receivables 

Credit control

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Marketing and Membership Services Team

Karla Farrar

GENERAL MANAGER – MARKETING & SERVICES

Managers all marketing and communications for NZCB including the NZCB brand

Manages all aspects, including the planning and delivery of the NZCB Annual Conference and Expo

Manages the benefits and services available to members, including sourcing and maintaining relationships

Manages the Marketing & Membership Services Team and the relationships with NZCB Affinity, Strategic and National Partners

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Ashleigh Garner

MARKETING EXECUTIVE & DIGITAL MARKETING SPECIALIST

Content creation, digital marketing and communications

National event organisation and regional support

Website maintenance, design and creation of marketing collateral

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Jessica Hood

MARKETING EXECUTIVE & DIGITAL MARKETING SPECIALIST

Content creation, digital marketing and communications

Regional event organisation and support

 

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Julie Thomas

REVERE MAGAZINE EDITOR & PROJECT COORDINATOR

Revere magazine editor, coordinating content and imagery from application to publication

Administers and manages the NZCB Certified Plan collection of house designs

AST grants and ITAB administration

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Linda Moody

INHOUSE MAGAZINE & INTOUCH ENEWS EDITOR

InHouse magazine editor – coordinating, planning, sourcing and collating all content

Coordinator of the NZCB monthly InTouch email newsletter

Partner advertising management

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Kirsty Armstrong

MEMBERSHIP BENEFITS COORDINATOR

Manages all aspects of NZCB merchandise and Fisher & Paykel orders

NZCB Toolshed support for building contracts and employment agreements

Coordinator of NZCB monthly Deals & Benefits email newsletter

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Our Board of Directors

Our Board of Directors

To advise, govern, oversee policy and direction, and assist with the leadership and general promotion of NZCB so as to support the organisation’s mission and needs.

We are proud to present NZCB’s Board of Directors:

Nick Farrelly – Edgecity Builders Limited

CHAIRPERSON

With 30 years’ building industry experience, my wife Sharon and I run Edgecity Builders Limited. We employ 10 staff and are involved in Auckland Council and Ministry of Education work, light commercial projects, and high-end residential architectural builds.

I’ve been involved in the NZCB Committee Auckland for many years, holding various roles including NZCB President Auckland for three years.  I am keen to raise the voice of NZCB and our members within the industry and wider New Zealand.

I currently sit on the Auckland Council Advisory Group and the Unitec Advisory Council.

Sharon and I are also members of the North Harbour Club, which promotes excellence by encouraging and providing financial assistance to young people achieving excellence in their chosen fields. 

I served over 25 years in the New Zealand Territorial Force, including two tours to East Timor, and 18 months assisting the Christchurch region following the earthquake.

Mike Hayward – Hayward Builders Limited

VICE CHAIRPERSON

After qualifying as a carpenter in 1998, I worked in New Zealand, Australia, America, and the UK before returning home in 2003. During this time, I gained project management experience on residential and commercial sites.

My wife Janine and I own and run Hayward Builders Limited and Hauraki Transportable Homes Limited in the Waikato.

In the early years, we focused on renovations and alterations before specialising in new builds eight years ago. More recently, we started the transportable home company. We have five employees.

I have been part of the NZCB Committee Waikato for eight years and held the role of NZCB President Waikato for four years.

I am passionate about the building industry and the continued growth of our Association. My interests in the industry are policy, the health and role of the regions, improving supplier/NZCB member partnerships, and finding more ways to help streamline our businesses.

Mike Craig – Mike Craig Builders Ltd

MEMBER DIRECTOR

I qualified as a carpenter in 1984 after completing my 8,000-hour apprenticeship in Stratford.

I have been building for 40 years, becoming self-employed in 1985 and starting my business Mike Craig Builders in 2001, which employs eight staff.

I have grown my business to build more sustainable homes, including semi passive and certified passive homes, and my partner Maria helps run our business.

I am a Foundation Member of NZCB, was on the NZCB Committee Wellington for three years, and held the role of NZCB Board Chairperson from 2020 to 2021.

I’ve been on the Building Research Advisory Council (BRAC) committee to BRANZ since 2018 and joined Construction Accord in 2020.

I have always enjoyed the building trade and watching past employees and apprentices advance in their businesses.

Garry Nott – Tasman Homes (Nelson) Limited

MEMBER DIRECTOR

I have been involved in the building industry for over 30 years. In 2007 my wife Paulette and I decided to go back into the industry after I spent 10 years teaching Carpentry at Nelson Marlborough Institute of Technology (NMIT). We now run our own company, Tasman Homes (Nelson) Ltd and currently employ 15 staff, of which seven are apprentices in various stages of training.

I have been involved with NZCB since taking over Tasman Homes and I served as the Regional President for six years. I also sit on the local Habitat for Humanity Board and have been involved in their local projects for many years.

I have always held a passion for housing and for training. I am keen also to be involved in taking care of our members, and to provide a level of support that enables them to grow their businesses to be successful, and sustainable.

Andrée Atkinson

INDEPENDENT DIRECTOR

I am currently the Advisory Director in Atkinson Consulting Limited, based in Auckland.

A Fellow Chartered Accountant with 21 years’ experience, I have extensive business advisory/consulting experience on finance and strategy matters.

I have also had significant experience on client advisory boards and not-for-profit boards.

I am currently the Chairperson of the Board of Youthtown Foundation, North Shore Event Centre, and a member of the New Zealand Institute of Chartered Accountants.

Katrina Bach

INDEPENDENT DIRECTOR

I am a professional director and business consultant. I work with boards and organisations to improve performance and achieve strategic goals. My focus is on alignment of organisational strategy, structure, systems, resources, people and skills to deliver results. I am Managing Director of The Olive Press Limited, a Wairarapa-based producer of premium New Zealand olive oils. 

My connection to the building sector comes from my time as Chief Executive – Ministry of Housing and then Chief Executive – Department of Building and Housing for eight years prior to its merger with MBIE in 2012. I enjoyed working with the sector and developed a good working relationship with NZCB. It was a period of considerable reform for the sector, including the introduction of the Licensed Building Practitioners Scheme.

My passion for building quality and performance, as well as education and professional recognition of building practitioners, remains undiminished. I look forward to working with the building sector again as part of the NZCB Board.

I am a Member of the Institute of Directors and Trustee of the CCS Disability Action Board.

Why join NZCB?

Being a NZCB member is good for business

We’re the only builder association in New Zealand with strict entry criteria where the minimum entry requirement for all members is a recognised industry trade qualification in carpentry.

You’ll save time, money and stress with:

Access our great range of building merchandise and equipment online via your own Members’ Toolshed log in. Resources include:

  • Online Building Contracts – we’ve been told they’re the best in the industry
  • Online Employment Contracts – quick and easy to complete
  • Online training and webinars – keep up-to-date when it suits you
  • View the latest training workshops
  • Business Tools – Pricing For Profit guidelines, How To Calculate Labour Charge Out Rates, Client Scope of Works Checklist, Building Compliance Builders’ Checklist and more…
  • Free help lines – Health & Safety, Legal Advice, Employment Advice
  • Members’ only Facebook group – talk to your peers
  • Event Calendar – find out what’s going on in your region
  • ‘Find your builder’ regional search engine.

Grow your skills

Keep up to date with best industry practice with the following professional development opportunities:

  • Free copies of InHouse magazine – our official publication
  • ToolBox seminars held around New Zealand several times a year
  • Trade Training meetings held frequently throughout our 22 regions
  • Annual conference with expert workshops and seminars.

Get your voice heard

As your building industry spokesperson, we sit on a number of national boards and industry groups, including:

  • Building & Construction Industry Training Organisation
  • Building Research Association of NZ
  • Building Research Advisory Council
  • Construction Industry Council
  • Construction Safety Council
  • Construction Strategy Group
  • Sector reference groups created by the Ministry of Business, Innovation & Employment (MBIE).

Deals and discounts

As an approved NZCB builder, you’ll also get exclusive deals and discounts on a range of products and services you can pass on to your clients. Save time and money with cheaper vehicle support, fuel, appliances, power, technology, site safety, building publications and more.

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Apprenticeships

Looking for support to Grow, Mentor and Lead Apprentices?

What is the Apprentice Network?

The New Zealand Certified Builders (NZCB) Apprentice Network is a programme designed to support you, your business, and apprentices to unrivaled levels.

The Apprentice Network provides specialist advice, combined with practical benefits, to both parties and works alongside the learning pathway, chosen by the employer or apprentice, provided by Te Pūkenga – New Zealand Institute of Skills and Technology.

Enhancing the process for both parties, the Apprentice Network is an unique offering, exclusive to NZCB Business Members who employ apprentices.

What the Apprentice Network offers:

  • Access to the Apprenticeship Scholarship Trust (AST)
  • Employment Contracts – dedicated to employers who train apprentices
  • Apprentice Network Code of Good Practice – for employing, training & retaining apprentices
  • Apprentice specific Redi Insurance Package – including, Trade Asset, Motor Vehicle, Life & Accidental Injury Cover
  • EAP Services – mental health & wellbeing support for personal or work-related difficulties
  • Education – regular electronic newsletters & in person training, including a dedicated stream at NZCB’s Annual Conference & Expo
  • NZCB Apprentice Challenge – preferential entry into NZCB’s Annual Apprentice Challenge competition.

Our Partners

Strategic Partners

Actively align with the purpose of our Association and bring with them a wealth of expertise and support on a national basis to our members.

ITM

  • http://www.itm.co.nz/MainMenu

ITM – Your Building Supplies Specialists. Independent Timber Merchants Cooperative with 90 stores New Zealand wide. Providing the best quality timber, hardware, paint, tools…

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Winstone Wallboards – GIB

  • http://www.gib.co.nz/

Winstone Wallboards is New Zealand’s only manufacturer and largest marketer of gypsum plasterboard, drywall systems, associated products and services. The company has been operating…

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Carters

  • http://www.carters.co.nz/

We’ve been in the industry for over 150 years.  During that time CARTERS have learnt that good business is all about partnerships.  CARTERS believe…

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Mitre 10

  • http://www.mitre10.co.nz/

For home hardware products, builders’ supplies & DIY essentials New Zealand wide, visit your local Mitre 10 or Mitre 10 MEGA store, or buy…

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National Partners

Provide significant support to our members and have the option to engage with our members across a wide range of opportunities.

Abodo

  • https://www.abodo.co.nz/

Abodo crafts timbers with lasting beauty that are safe for people and the environment. Many exterior timbers are harvested from unsustainable old growth forests…

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Advice Financial & nib

  • http://www.advicefinancial.co.nz/

Advice Financial are an Independent Nationwide Financial Advisers – Through nib they have negotiated on our behalf an exclusive group health insurance offer only…

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Altus Window Systems

  • http://altus.co.nz/

Altus Window Systems are manufactured and distributed by our nationwide network, which is the largest family of fabricators in the country: Bradnam’s®, Dualglaze®, Fisher®,…

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APL Window Solutions

  • http://www.aplnz.co.nz/

APL products are exclusively available through our manufacturers nationwide: At APL Window Solutions, we take huge pride in our 49-year track record of supplying…

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ASSA ABLOY Opening Solutions New Zealand

  • http://www.assaabloy.co.nz/

ASSA ABLOY is the global leader in door hardware solutions, renowned for innovation and consistently listed in the Forbes top 100 most innovative companies….

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Bahco

  • http://www.bahco.co.nz/

As innovators for over 150 years, Bahco has introduced some of the most advanced hand tools in the world. Primarily European made in our…

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Bowers Brothers Concrete Ltd

  • http://www.bowersbrothers.co.nz/

Bowers Brothers Concrete are a family owned concrete manufacturing company that has been in the business for over 70 years. In that time we…

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Builda Price

  • https://www.buildaprice.co.nz/

Work smarter not harder with Builda Price Builda Price is New Zealand software built for New Zealand Builders, and most importantly supported by New…

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Bunnings Trade

  • https://www.bunnings.co.nz/trade

The trade quality, quantity and service you need Bunnings Trade Centres save you time and money with: A wide range of products for electrical,…

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Comfortech Building Performance Solutions™

  • https://www.pinkbatts.co.nz/

Comfortech™ is a proud Kiwi company with passion for Aotearoa New Zealand. They have been working alongside builders and stakeholders in the building industry…

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CS For Doors Ltd

  • https://www.csfordoors.co.nz

The Cavity Slider Experts CS FOR DOORS has been designing and engineering cavity sliding door systems for over 30 years. They are passionate about…

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CSR

  • https://www.csr.co.nz/Pages/default.aspx

CSR is the name behind many of New Zealand\’s respected building materials brands such as AFS®, Bradford Insulation™, Designer Series, CSR™, Edmonds™, Hebel®, Monier™,…

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DVS

  • https://dvs.co.nz/building-industry/information-builders/

For over two decades, DVS® have been making New Zealand homes healthier with their superior home ventilation systems. Many homes suffer from excess moisture…

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ECKO Fastening Systems

  • https://www.ecko.co.nz/

ECKO Fastening Systems Ltd “makes your job easier” is a 100% Kiwi owned and operated company. Specialising in innovative systems to help you, the…

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Fairview Systems Limited

  • http://www.aslnz.co.nz/

For almost 50 years, we’ve helped thousands of Kiwis make the most of their homes and living spaces. We’re proud to call New Zealand…

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Franklins

  • https://franklins.co.nz/

Franklins is New Zealand’s oldest independent and family owned plumbing merchant established in 1954 stretching three generations. Franklins focus is providing the industry with…

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FREE UP

  • https://freeup.co.nz/

Building businesses with the right technology FREE UP is the go-to tech advisor for builders and trades. We select the best app for your…

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Futurewood NZ

  • http://www.futurewood.nz/

Futurewood was developed by Futurewood Australia specifically to handle the harsh Australian and New Zealand environment. Futurewood is an eco friendly, 100% recycled product…

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GCH Aviation

  • https://wellingtonhelicopters.net.nz/commercial/

Aerial access solutions GCH Aviation is synonymous with aviation in New Zealand and has been providing helicopter services to a diverse range of clients…

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Gerard Roofs

  • https://gerardroofs.co.nz/

Our roofs have strong foundations. It was the first steel roofing tile in the world – invented in 1957, right here in New Zealand….

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GTEE

  • https://gteeco.com/

Do you want to sort out warranty & maintenance issues with your clients? Gtee gives your client their own cloud-based folder containing all the…

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Hazardco Ltd

  • http://www.hazardco.com/

How Safe is your Workplace or Office? Under New Zealand’s new health and safety legislation, businesses are responsible for providing a safe and healthy…

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Hilti (New Zealand) Limited

  • https://www.hilti.co.nz/

At Hilti we make and design leading-edge technology, software and services, which power the professional construction industry. We’re global, based in over 120 countries…

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HomePlus

  • https://www.homeplus.co.nz/

HomePlus is a nationwide network of 26 home improvement stores, that for 50 years has provided customers with a range of specialised custom-made aluminium…

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Hyundai New Zealand

  • https://www.hyundai.co.nz/

Proud to be Kiwi Owned The Hyundai brand has grown so rapidly as a global automotive powerhouse, it’s easy to forget that we’re a…

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Independent Building Supplies

  • http://www.ibs.co.nz/

INDEPENDENT BUILDING SUPPLIES has been distributing panel products right around New Zealand since 1993. Our focus is on sourcing the best panel products available…

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INTAKS NZ Ltd

  • http://www.intaks.co.nz/

INTAKS is the award-winning scaffolding and roof-edge protection system that delivers efficiency on site, reduces costs, and improves safety. Supported by a range of…

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Isuzu Utes New Zealand

  • https://www.isuzuutes.co.nz/nzcb-members

Tough utes for tough tradies Being a 100% New Zealand owned company, we know that Kiwi tradies need tough utes to keep up with…

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James Hardie NZ Ltd

  • http://www.jameshardie.co.nz/

James Hardie is an international building product manufacturer and a global leader in fibre cement products. Operating for over 130 years, we continue to…

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JSC Timber

  • https://www.jsctimber.co.nz/

JSC Timber is a leading manufacturer and supplier of quality hardwood and exotic soft wood timber products. Recognised as leaders in timber cladding and…

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Kingspan Thermakraft

  • http://www.thermakraft.co.nz/

Warmer in winter, cooler in summer, dry all year New Zealand’s leading provider of high-performance insulation products and complementary Thermakraft range of premium wall…

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KLC Limited

  • https://www.klc.co.nz/

KLC Generation 2 NZ Timber Cladding Systems is an H3.2, MicroPro® (MCA) treated exterior suite of products designed for the exterior cladding of residential…

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Kopine

  • https://www.kopine.co.nz/

Kopine’s high density Ultralock™ and Tongue & Groove particleboard flooring is made right here in New Zealand. Designed for Kiwi conditions with a 12…

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Laminex New Zealand

  • http://www.laminexnewzealand.co.nz/

Laminex New Zealand is the leading manufacturer and supplier of decorative surfaces and panel products. From benchtops and cabinetry, through to structural flooring, wall…

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Marley New Zealand Limited

  • http://www.marley.co.nz/

Marley New Zealand is part of the Aliaxis group, a privately owned business based in Belgium and active around the world. Aliaxis group employs…

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Marshall Innovations Ltd

  • http://www.mwnz.com/

Marshall Innovations supply & distribute a range of premium imported & New Zealand manufactured weather tightness & construction solutions for commercial & residential building…

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Metro Performance Glass

  • http://www.metroglass.co.nz/

Metro Performance Glass is New Zealand’s leading manufacturer and installer of double-glazed windows for both new residential and retrofit markets. The company also process…

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Milwaukee Tool

  • https://www.milwaukeetool.co.nz/

Since the company began in 1924, Milwaukee Tool has led the industry in both durability and performance. With an unwavering commitment to the trades,…

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MiTek NZ Ltd

  • http://www.miteknz.co.nz/

MiTek is a diversified global supplier of software, engineered products, services and automated manufacturing equipment. Specializing in the residential construction industry, MiTek provides a…

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My Smart Office

  • https://mysmartoffice.co.nz/

Choose the smart way to achieve your business goals with help from My Smart Office. My Smart Office offers practical solutions that give you…

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Noel Leeming Commercial

  • https://www.nlgcommercial.nz/

As New Zealand’s leading retailer of appliances, computers and electronics for home or business Noel Leeming has everything you need to support your building…

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Open2view

  • http://www.nz.open2view.com/

Open2view is your one stop shop for real estate marketing. We can help you get the most out of your property marketing efforts with:…

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Pacific Steel Group

  • https://www.pacificsteel.co.nz/

Pacific Steel is New Zealand’s only manufacturer of Wire Rod, Reinforcing Bar and Coil products with a production rate of around 250,000 tonnes per…

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Paslode (division of ITW NZ Ltd)

  • http://www.paslode.co.nz/

Paslode, a division of Illinois Tool Works (NYSE: ITW), is the premiere manufacturer of innovative fastening solutions and services. For over 80 years, professional…

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PlaceMakers

  • https://www.placemakers.co.nz/

PlaceMakers is New Zealand’s leading and largest supplier of building materials and hardware. We’re 100% committed to our customers. We employ over 2,100 people…

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Pro Clima NZ Limited

  • http://www.proclima.co.nz/

Pro Clima NZ Ltd is a leader in the development and manufacture of reliable weathertightenss and airtightness building systems. We have an ethical commitment…

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Productspec + Smartspec

  • https://productspec.co.nz/

https://smartspec.co.nz/ Productspec and Smartspec are market-leading tools for building and design professionals that help make writing specifications and sourcing product information easier. Productspec is…

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Red LBP Limited

  • https://www.redlbp.co.nz/

Red LBP is the ultimate solution to building reports. We have taken into consideration all of the pain points through market research, and created…

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Red Quantity Surveying 2017 Ltd

  • https://www.redqs.nz/

Red QS is unlike any other Quantity Surveying company. Our aim is to connect those who need our services with the best person for…

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Red Stag Timber

  • https://www.redstagtimber.co.nz/

Builders want a superior grade of structural timber that reduces rework, cuts wastage and provides an exceptional finished job for their customers. Red Stag…

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Redi Builders Insurance

  • https://www.bwrs.co.nz

Contract Works Insurance Single Project or Annual Period Designed to include all limits required by the NZCB standard contract. REDi Contract Works Insurance Accidental…

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Renault New Zealand

  • https://www.renault.co.nz/nzcb-members

Style, functionality and reliability. At Renault New Zealand, we’re proud to be 100% Kiwi owned and operated, and bringing Kiwi tradies sturdy and reliable…

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Resene

  • http://www.resene.co.nz/

Resene has everything you need for your decorating project, from quality colour and paints and wood stains, decorating accessories and professional advice to help…

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Resene Construction

  • https://reseneconstruction.co.nz/

Innovative design. Integrated systems. Enduring finish. Resene Construction Systems provide the most advanced plaster cladding solutions made in New Zealand. Incorporating both Rockcote and…

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Rosenfeld Kidson & Co. Ltd

  • https://www.rosenfeldkidson.co.nz

Rosenfeld Kidson & Co. Ltd is a specialist timber merchant and importer and has been New Zealand owned since being incorporated in 1930. We…

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Schneider Electric

  • http://pdl.co.nz

Everyday innovative electrical solutions  With a presence in New Zealand since the 1930’s, PDL by Schneider Electric has a proud local history in designing,…

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Sellwood Products Ltd

  • https://www.sellwood.co.nz/

Attic ladders are the smart way to access the storage space and utilities above your ceiling, they fold down when you need them and…

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Senco Brands (NZ) Limited

  • http://www.senco.com

A Leading Supplier of Fasteners and associated Tools to the NZ Construction and Manufacturing Industries. For over 60 years the SENCO brand has been…

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SIKA (NZ) LTD

  • http://www.sika.co.nz/

Sika – Building Trust Sika is a global leader in products for many critical construction fields. Our main Trade and DIY areas are sealing…

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Simx Limited

  • https://simx.co.nz/

Simx is a leading supplier to the electrical and HVAC industries, with their product range spanning many markets including residential, commercial and industrial with…

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Soudal

  • https://soudal.co.nz

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Superhome Movement

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The Trades Coach

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Tile Space Commercial

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Viking Roofspec

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Warmup NZ Limited

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YourQS

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    12 Insurance

    12.1 Part G of the Schedule contemplates that the Parties will elect who is responsible for arranging the contract works insurance.
    If the Parties have not made that election or if their intention is unclear, then the Owner must arrange contract works insurance
    if the Building Work involves changes, alterations, renovations, restoration, repairs or maintenance to existing structures, and
    the Builder is responsible for arranging contract works insurance if the Building Work involves constructing an entirely new
    stand-alone structure. Irrespective of who arranges the contract works insurance, the excess on a contract works claim is
    payable by the Owner. Given that such insurance typically expires on Practical Completion, the Owner must ensure that the
    Building is insured from that point onwards.
    12.2 The amount insured must be at least as much as the Original Contract Price, plus an allowance for Owner-supplied materials,
    expediting expenses, removal of debris, professional fees, increased costs during construction, increased costs during reconstruction, and materials in storage (off the Project site). Unless otherwise agreed, the allowances for these items shall be
    those shown in Part G of the Schedule, and if no allowance is made in that Part for any item then the allowance must be
    reasonable in the circumstances.
    12.3 The Owner must arrange contract works insurance against loss or damage to the Owner’s existing structures made available
    by the Owner to enable the performance of the Building Work, or existing structures adjacent to the Building, and to the
    Owner’s contents. This insurance must be for the full replacement value, and for consequential loss arising from loss or
    damage to those structures and contents.
    12.4 The Builder must arrange public liability insurance for loss or damage to any property, or illness, injury or death to any person,
    that arises from the performance of the Building Work.
    12.5* In the event of loss or damage to any part of the Building which is not caused by the Builder or any party for whom the Builder
    is responsible:
    a. The Builder is not required to carry out any restoration work at the Builder’s own expense.
    b. The Builder will restore all loss or damage to the Building and the restoration work will be treated as a Variation.
    c. The restoration work will be paid for from the proceeds of the contract works insurance.
    d. If the delay in confirming insurance cover after loss or damage to the Building has occurred is such that the Builder
    can no longer reasonably afford to maintain spare capacity to perform the Building Work when required, the Builder
    may suspend the Building Work as if clause 20.2 applied, and if the Builder has not cancelled the contract in the
    meantime, the Builder shall not be obliged to resume the Building Work until the Builder’s commitments reasonably
    allow for a resumption.
    12.6 If this Contract is completed on-line, and either Party has selected the option to apply for a contract works policy marketed
    under the “REDi” brand, then an application for such a policy will be automatically generated from the information entered
    into the Schedule of this Contract.
    12.7 The insurance broker responsible for arranging the REDi contract works policy and the underwriter(s) to whom the application
    is submitted together with their respective representatives or agents are authorised to obtain from, and disclose to, any other
    party any information they consider relevant to the assessment of the application for the policy.
    12.8 For the purpose of section 12 of the Contract and Commercial Law Act 2017, the provisions in this Part 12 are intended to
    create obligations enforceable by the insurance broker and the underwriter(s) referred to in clause 12.7 and their respective
    representatives or agents, whether or not they are parties to this Building Contract.

    4. Calculation of Progress Payments & Final Contract Price

    4.1 This is a building contract in which the total price payable for
    the Building Work is not fixed, specified, or known at the time of
    entering into the Contract. Instead, the progress payments and the
    Final Contract Price are to be calculated by reference to the actual
    costs incurred by the Builder in carrying out the Building Work, plus a
    Margin for the Builder’s Off-site Overheads and profit. The Parties may
    have chosen to enter into this form of building contract for any number
    of reasons, including that it is too difficult for the Builder and/or
    the Owner to accurately predict the precise scope of the Building Work
    at the outset, or the Building Work involves innovative systems or
    materials the cost of which is largely unknown, or to avoid the
    administrative burden of having to recalculate a fixed contract price
    each time a component of the work changes, or simply because it is
    their preference to do so. While this inevitably involves some
    uncertainty as to what the Final Contract Price will eventually amount
    to, it has the advantage that at the conclusion of the Building Work
    the Owner will have become liable to pay no more and no less than the
    value of the Building Work and materials the Owner has actually
    received.
    4.2 The progress payments and the Final Contract Price payable to the
    Builder shall therefore be calculated by reference to the hours of work
    expended by the Builder and the Builder’s employees and contractors in
    carrying out the Building Work, plus the materials and other direct
    costs incurred by the Builder in carrying out the Building Work, using
    the rates set out in Part F of the Schedule. Onto those amounts shall
    then be added the Margins for the Builder’s Off-site Overheads and
    profit, calculated by reference to the percentages shown in Part F of
    the Schedule.
    4.3 The Builder shall be entitled to charge for and recover all costs
    that the Builder would not have incurred but for the Building Work, and
    that are reasonably necessary to carry out the Building Work to the
    standard required by this Contract, plus the relevant Builder’s
    Margins. Those costs include (without limitation):
    a. The Builder’s own labour and labour performed by the Builder’s
    employees and contractors.
    b. Products or services from subcontractors or specialist trades.
    c. Professional advice such as architecture and engineering.
    d. Building materials and consumables.
    e. Hireage of tools, plant, equipment, appliances or vehicles.
    4.4 The cost of labour shall be calculated using the labour rates
    set out in Part F of the Schedule, or where no rates have been
    specified in any particular case, at the prevailing market rates for
    the personnel in question. The labour rates set out in Part F of the
    Schedule apply to normal working hours and days, and in calculating
    working hours no deduction shall be made for work breaks that are
    reasonably necessary for the consumption of food or beverages or to
    ensure the continued health, safety, productivity and efficiency of
    the relevant personnel. Where in order to comply with the Builder’s
    obligations under this Contract it is reasonably necessary for the
    Builder and/or the Builder’s employees and subcontractors to carry
    out Building Work outside of normal working hours or on weekends or
    public holidays, and the Builder is required to pay penal or
    overtime rates as a result, those penal or overtime rates shall be
    included in the calculation of the cost of the Building Work.
    4.5 All the costs of the Building Work apart from labour shall be
    calculated by reference to the invoice issued to the Builder for the
    relevant item, or if no invoice was issued, by reference to what the
    Builder actually paid. Where such costs cannot be separately identified
    or accurately ascertained through timesheets, invoices or otherwise,
    the cost of those items shall be calculated having regard to the
    prevailing market price for the relevant items.
    4.6 The rates set out in Part F of the Schedule shall be adjusted for
    any increase in the rates charged by subcontractors that could not
    reasonably have been foreseen by the Builder at the time this Contract
    is signed by the Builder, and which would otherwise have the effect of
    eroding the Builder’s profit margin. The Builder must be able to
    substantiate the increase by reference to written evidence such as
    quotations, communications or invoices from the relevant subcontractor,
    clearly demonstrating the rates that were first advised to the Builder
    when Part F of the Schedule was completed, and the rates subsequently
    charged. The Builder shall whenever reasonably practicable, resist any
    rate increases and procure subcontracts on the basis of fixed rates
    that cannot be increased during the course of the Building Work.
    4.7 If any of the subcontractor rates set out in Part F of the Schedule
    decrease for any reason (other than rebates or discounts provided to
    the Builder as a result of such factors as loyalty, volume of business,
    enticement to form a new or long term trading relationship, or
    membership of a trade association or cooperative company), the
    decreased rate(s) shall be used in the calculation of all progress
    payments and the Final Contract Price from the time that the decrease
    takes effect.
    4.8 Either prior or subsequent to the Parties entering into this
    Contract, the Builder may have given or may give to the Owner or the
    Owner’s representative(s) an estimate, indication, projection, guess,
    intimation, prediction or similar communication (together referred to
    as an “estimate”) as to what the Final Contract Price or any component
    of it is likely to turn out to be. It is common for building owners to
    request an estimate and it is common for builders, in good faith and
    out of a desire to be helpful, to comply with that request, or indeed
    to offer an estimate unsolicited. The Parties acknowledge that even the
    most carefully calculated estimate can in hindsight prove to be grossly
    pessimistic or optimistic, and it is impossible for the Builder to
    accurately predict what the final outcome of the Project will be, given
    that so many factors are outside the Builder’s control.
    4.9 The Parties have chosen this form of contract rather than a fixed
    price contract because they have agreed that the Final Contract Price
    will be determined by the hours of work and the materials and other
    direct costs that are ultimately involved, and the margin applied to
    those items. By definition, those hours and those costs cannot be known
    in advance. The Parties therefore expressly record that any such
    estimate that may have been or may be provided by the Builder –
    assuming the Builder used the term “estimate” or some reasonably
    equivalent expression – shall only represent the Builder’s best guess,
    based on the Builder’s experience and what the Builder knows about the
    Project itself to date. The Builder agrees to take reasonable care in
    calculating any estimate that may be given, and to keep the Owner
    regularly informed, by the provision of periodic invoices or otherwise,
    of the amount paid and payable to the Builder in respect of the
    Building Work at any given time.
    4.10 A price estimate is fundamentally different from an undertaking,
    promise, commitment, statement, assurance, warranty or representation
    (together referred to as a “representation”) that the total contract
    price will amount to, or will not exceed, a stated or fixed sum. If
    the Builder has given such a representation, then that will bind the
    Builder in accordance with its terms. However the representation must
    be reasonably inferred from the wording used. For example if either of
    the Parties has, without full knowledge of the legal significance,
    mistakenly described an estimate as a “quote” or used some other
    wording that might suggest a representation that would be enforceable
    in law, then that will not constitute a representation if the Parties
    did not intend it to have that effect.

    13 Insurance

    13.1 Part H of the Schedule contemplates that the Parties will elect who is
    responsible for arranging the contract works insurance. If the Parties have not made that election or if their intention is unclear, then the Owner must arrange contract works insurance
    if the Building Work involves changes, alterations, renovations, restoration, repairs or maintenance to existing structures, and
    the Builder is responsible for arranging contract works insurance if the Building Work involves constructing an entirely new
    stand-alone structure. Irrespective of who arranges the contract works insurance, the excess on a contract works claim is
    payable by the Owner. Given that such insurance typically expires on Practical Completion, the Owner must ensure that the
    Building is insured from that point onwards.
    13.2 The amount insured must be at least as much as the Original Contract Price, plus an allowance for Owner-supplied materials,
    expediting expenses, removal of debris, professional fees, increased costs during construction, increased costs during reconstruction, and materials in storage (off the Project site). Unless otherwise agreed, the allowances for these items shall be
    those shown in Part H of the Schedule, and if no allowance is made in that Part for any item then the allowance must be
    reasonable in the circumstances.
    13.3 The Owner must arrange contract works insurance against loss or damage to the Owner’s existing structures made available
    by the Owner to enable the performance of the Building Work, or existing structures adjacent to the Building, and to the
    Owner’s contents. This insurance must be for the full replacement value, and for consequential loss arising from loss or
    damage to those structures and contents.
    13.4 The Builder must arrange public liability insurance for loss or damage to any property, or illness, injury or death to any person,
    that arises from the performance of the Building Work.
    13.5 In the event of loss or damage to any part of the Building which is not caused by the Builder or any party for whom the Builder
    is responsible:
    a. The Builder is not required to carry out any restoration work at the Builder’s own expense.
    b. The Builder will restore all loss or damage to the Building and the restoration work will be treated as a Variation.
    c. The restoration work will be paid for from the proceeds of the contract works insurance.
    d. If the delay in confirming insurance cover after loss or damage to the Building has occurred is such that the Builder
    can no longer reasonably afford to maintain spare capacity to perform the Building Work when required, the Builder
    may suspend the Building Work as if clause 20.2 applied, and if the Builder has not cancelled the contract in the
    meantime, the Builder shall not be obliged to resume the Building Work until the Builder’s commitments reasonably
    allow for a resumption.
    13.6 If this Contract is completed on-line, and either Party has selected the option to apply for a contract works policy marketed
    under the “REDi” brand, then an application for such a policy will be automatically generated from the information entered
    into the Schedule of this Contract.
    13.7 The insurance broker responsible for arranging the REDi contract works policy and the underwriter(s) to whom the application
    is submitted together with their respective representatives or agents are authorised to obtain from, and disclose to, any other
    party any information they consider relevant to the assessment of the application for the policy.
    13.8 For the purpose of section 12 of the Contract and Commercial Law Act 2017, the provisions in this Part 13 are intended to
    create obligations enforceable by the insurance broker and the underwriter(s) referred to in clause 13.7 and their respective
    representatives or agents, whether or not they are parties to this Building Contract.

    9. Commencement and Completion of Work

    9.1 The Builder shall commence the Building Work within a reasonable time after:
    a. the Contract has been signed by both parties; and
    b. any deposit payable in accordance with clause 7.2 has been paid; and
    c. any necessary Building Consent or resource consent or other requisite consents or licences or consent amendments
    have been issued.
    9.2 Unless otherwise agreed in writing between the Parties, the Owner shall obtain all project information memoranda, Building
    Consents, resource or other consents or licences, and consent amendments required for the Building Work.
    9.3 The Owner shall promptly provide all information reasonably required by the Builder to enable the Builder to comply with the
    Builder’s obligations under this Contract, whether prior to the commencement of, during the performance of, or after the
    completion of the Building Work.
    9.4 The expected completion date stated in Part B of the Schedule shall be automatically extended by a reasonable time where
    delays arise due to:
    a. Variations;
    b. Any strike, lockout, or other industrial action;
    c. Loss or damage to the Building Work other than loss or damage caused by the Builder’s breach of its obligations under
    this Contract;
    d. Flood, volcanic, or seismic events;
    e. Inclement weather;
    f. Failure to obtain consent or approval through no fault of the Builder;
    g. Failure by the Owner to give timely directions;
    h. Unforeseen physical conditions;
    i. The Builder exercising its right to suspend the Building Work under this Contract;
    j. Act, omission or default by the Owner or any person for whose acts or omissions the Owner is responsible;
    k. A separate contractor’s act or omission;
    l. Unavailability or shortage of materials;
    m. Any other event which is beyond the reasonable control of the Builder and for which the Builder is not responsible.

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    7 Invoices and payments

    7.1 The Builder is not obliged to commence the Building Work until any deposit payable in accordance with clause 7.2 has been paid.
    7.2 The Deposit shall be paid by the Owner upon signing the Contract. The Deposit shall be held by the Builder and applied towards payment of the final invoice, or as provided by clause 20.9 or clause 21.4. The Deposit is therefore not to be treated
    as a progress payment. If the final invoice is less than the Deposit then the Builder shall pay the Owner the balance of the Deposit upon issuing the final invoice.
    7.3 The Owner shall make progress payments to the Builder for Building Work completed and materials supplied, including any
    adjustments for Provisional Sums, cost fluctuations or Variations, up to the end of the applicable period or stage of work. The
    payments shall be made into a bank account provided by the Builder via internet banking or direct deposit, unless the parties
    agree on a different payment method.
    7.4 Where the parties have agreed to progress payments at completion stages (Option A in Part E of the Schedule) the Builder
    may issue an invoice at any time after a relevant stage of completion is reached. If a completion stage cannot be reached
    due to matters beyond the Builder’s reasonable control, and one month has elapsed since the previous invoice, the Builder
    may invoice for the proportion of that completion stage that has been reached.
    7.5 Where the parties have agreed to progress payments at the end of defined periods of time (Option B in Part E of the Schedule)
    the Builder may issue an invoice for the Building Work completed up to the end of each such period. Any invoice issued in
    advance of the end of the relevant period (other than a final invoice) shall be deemed to have been issued on the last working
    day of that period.
    7.6 The Owner must pay the invoiced amount in full within 5 Working Days of the invoice being delivered or sent to the Owner
    or such other time as is stated in Part F of the Schedule. If the Owner does not consider that all or any part of the invoiced
    amount is payable, the Owner must, within 5 Working Days after the invoice was delivered or sent to the Owner:
    a. reply in writing to the Builder stating the amount that the Owner considers payable (the undisputed amount), and
    b. specifying the reasons why any part of the invoiced amount is disputed, and the method in which the disputed amount
    has been calculated; and
    c. pay the undisputed amount.
    7.7 If the Builder’s invoice is or is accompanied by a payment claim made under the CCA, then any payment schedule as defined
    in section 5 of that Act must be provided to the Builder within 5 Working Days of the payment claim being served on the
    Owner.
    7.8 The Owner shall pay progress payments on the due dates, irrespective of when the Owner’s bank or financier is prepared
    to advance any monies required by the Owner in order to meet the Owner’s payment obligations under this Contract. It is
    the Owner’s responsibility to ensure that sufficient funds are available to comply with the Owner’s payment obligations under
    this Contract. The issue of a Code Compliance Certificate is not a prerequisite to Practical Completion or the Builder’s
    entitlement to payment of the final invoice.
    7.9 The Owner may at any time request the Builder to provide a receipt or statement recording or evidencing the payments
    received from the Owner.
    7.10 The Parties will comply with their obligations (if any) under Subpart 2A of the CCA (which requires certain retention monies
    to be held on trust or otherwise secured) to the extent that Subpart 2A applies to this Contract. The purpose of this provision
    is to ensure that an adjudicator appointed under the CCA or an arbitrator appointed under the Arbitration Act 1996 has
    jurisdiction to make a determination in respect of any such obligations, as if they were expressly incorporated into this
    Contract.

    4 Calculation of Progress Payments & Final Contract Price

    4.1 This is a building contract in which the total price payable for the Building Work is not fixed, specified, or known at the time of entering into the Contract.  Instead, the progress payments and the Final Contract Price are to be calculated by reference to the actual costs incurred by the Builder in carrying out the Building Work, plus a Margin for the Builder’s Off-site Overheads and profit.  The Parties may have chosen to enter into this form of building contract for any number of reasons, including that it is too difficult for the Builder and/or the Owner to accurately predict the precise scope of the Building Work at the outset, or the Building Work involves innovative systems or materials the cost of which is largely unknown, or to avoid the administrative burden of having to recalculate a fixed contract price each time a component of the work changes, or simply because it is their preference to do so.  While this inevitably involves some uncertainty as to what the Final Contract Price will eventually amount to, it has the advantage that at the conclusion of the Building Work the Owner will have become liable to pay no more and no less than the value of the Building Work and materials the Owner has actually received.
    4.2 The progress payments and the Final Contract Price payable to the Builder shall therefore be calculated by reference to the hours of work expended by the Builder and the Builder’s employees and contractors in carrying out the Building Work, plus the materials and other direct costs incurred by the Builder in carrying out the Building Work, using the rates set out in Part F of the Schedule.  Onto those amounts shall then be added the Margins for the Builder’s Off-site Overheads and profit, calculated by reference to the percentages shown in Part F of the Schedule.
    4.3 The Builder shall be entitled to charge for and recover all costs that the Builder would not have incurred but for the Building Work, and that are reasonably necessary to carry out the Building Work to the standard required by this Contract, plus relevant the Builder’s Margins. Those costs include (without limitation):

    a)   The Builder’s own labour and labour performed by the Builder’s employees and contractors.
    b)   Products or services from subcontractors or specialist trades.
    c)   Professional advice such as architecture and engineering.
    d)   Building materials and consumables.
    e)   Hireage of tools, plant, equipment, appliances or vehicles.
    4.4 The cost of labour shall be calculated using the labour rates set out in Part F of the Schedule, or where no rates have been
    specified in any particular case, at the prevailing market rates for the personnel in question. The labour rates set out in
    Part F of the Schedule apply to normal working hours and days, and in calculating working hours no deduction shall be made for
    work breaks that are reasonably necessary for the consumption of food or beverages or to ensure the continued health, safety,
    productivity and efficiency of the relevant personnel. Where in order to comply with the Builder’s obligations
    under this Contract it is reasonably necessary for the Builder and/or the Builder’s employees and subcontractors to carry
    out Building Work outside of normal working hours or on weekends or public holidays, and the Builder is required to pay
    penal or overtime rates as a result, those penal or overtime rates shall be included in the calculation of the cost of the
    Building Work.
    4.5 All the costs of the Building Work apart from labour shall be calculated by reference to the invoice issued to the Builder for
    the relevant item, or if no invoice was issued, by reference to what the Builder actually paid. Where such costs cannot be
    separately identified or accurately ascertained through timesheets, invoices or otherwise, the cost of those items shall be
    calculated having regard to the prevailing market price for the relevant items.
    4.6 The rates set out in Part F of the Schedule shall be adjusted for any increase in the rates charged by subcontractors that
    could not reasonably have been foreseen by the Builder at the time this Contract is signed by the Builder, and which would
    otherwise have the effect of eroding the Builder’s profit margin. The Builder must be able to substantiate the increase by
    reference to written evidence such as quotations, communications or invoices from the relevant subcontractor, clearly
    demonstrating the rates that were first advised to the Builder when Part F of the Schedule was completed, and the rates
    subsequently charged. The Builder shall whenever reasonably practicable, resist any rate increases and procure
    subcontracts on the basis of fixed rates that cannot be increased during the course of the Building Work.
    4.7 If any of the subcontractor rates set out in Part F of the Schedule decrease for any reason (other than rebates or
    discounts provided to the Builder as a result of such factors as loyalty, volume of business, enticement to form a new or
    long term trading relationship, or membership of a trade association or cooperative company), the decreased rate(s) shall
    be used in the calculation of all progress payments and the Final Contract Price from the time that the decrease takes
    effect.
    4.8 Either prior or subsequent to the Parties entering into this Contract, the Builder may have given or may give to the Owner
    or the Owner’s representative(s) an estimate, indication, projection, guess, intimation, prediction or similar communication
    (together referred to as an “estimate”) as to what the Final Contract Price or any
    component of it is likely to turn out to be. It is common for building owners to request an estimate and it is common for
    builders, in good faith and out of a desire to be helpful, to comply with that request, or indeed to offer an estimate
    unsolicited. The Parties acknowledge that even the most carefully calculated estimate can in hindsight prove to be grossly
    pessimistic or optimistic, and it is impossible for the Builder to accurately predict what the final outcome of the Project will
    be, given that so many factors are outside the Builder’s control.
    4.9 The Parties have chosen this form of contract rather than a fixed price contract because they have agreed that the Final Contract Price will be determined by the hours of work and the materials and other direct costs that are ultimately involved, and the margin applied to those items. By definition, those hours and those costs cannot be known in advance. The Parties therefore expressly record that any such estimate that may have been or may be provided by the Builder – assuming the Builder used the term “estimate” or some reasonably equivalent expression – shall only represent the Builder’s best guess, based on the Builder’s experience and what the Builder knows about the Project itself to date. The Builder agrees to take reasonable care in calculating any estimate that may be given, and to keep the Owner regularly informed, by the provision of periodic invoices or otherwise, of the amount paid and payable to the Builder in respect of the Building Work at any given time.
    4.10 A price estimate is fundamentally different from an undertaking, promise, commitment, statement, assurance, warranty or representation (together referred to as a “representation”) that the total contract price will amount to, or will not exceed, a stated or fixed sum. If the Builder has given such a representation, then that will bind the Builder in accordance with its terms. However the representation must be reasonably inferred from the wording used. For example if either of the Parties has, without full knowledge of the legal significance, mistakenly described an estimate as a “quote” or used some other wording that might suggest a representation that would be enforceable in law, then that will not constitute a representation if the Parties did not intend it to have that effect.

    6. Invoices and Payments

    6.1 The Builder is not obliged to commence the Building Work until any deposit payable in accordance with clause 6.2 has been paid.
    6.2 The Deposit shall be paid by the Owner upon signing the Contract. The Deposit shall be held by the Builder and applied towards payment of the final invoice, or as provided by clause 19.9 or clause 20.4. The Deposit is therefore not to be treated as a progress payment. If the final invoice is less than the Deposit then the Builder shall pay the Owner the balance of the Deposit upon issuing the final invoice.
    6.3 The Owner shall make progress payments to the Builder for Building Work completed and materials supplied, up to the end of the applicable period or stage of work. The payments shall be made into a bank account provided by the Builder via internet banking or direct deposit, unless the parties agree on a different payment method.
    6.4 Where the parties have agreed to progress payments at completion stages (Option A in Part D of the Schedule) the Builder may issue an invoice at any time after a relevant stage of completion is reached. If any stage would have been Practically Completed but for the deferral of certain work at the request of the Owner, a breach of the Owner’s obligations under clause 3.4, or a force majeure event as defined in clause 23.1, then the Builder may issue an invoice for the relevant proportion of that stage.
    6.5 Where the parties have agreed to progress payments at the end of defined periods of time (Option B in Part D of the Schedule) the Builder may issue an invoice for the Building Work completed up to the end of each such period. Any invoice issued in advance of the end of the relevant period (other than a final invoice) shall be deemed to have been issued on the last working day of that period.
    6.6 Notwithstanding clauses 6.4 and 6.5, Variations may be invoiced at any time after the relevant Building Work is Practically Completed and the Variation has been quantified by the Builder.
    6.7 The Owner must pay the invoiced amount in full within 5 Working Days of the invoice being delivered or sent to the Owner or such other time as is stated in Part E of the Schedule. If the Owner does not consider that all or any part of the invoiced amount is payable, the Owner must, within 5 Working Days after the invoice was delivered or sent to the Owner:
    a. reply in writing to the Builder stating the amount that the Owner considers payable (the undisputed amount), and specifying the reasons why any part of the invoiced amount is disputed, and the method in which the disputed amount has been calculated; and
    b. pay the undisputed amount.
    6.8 If the Builder’s invoice is or is accompanied by a payment claim made under the CCA, then any payment schedule as defined in section 5 of that Act must be provided to the Builder within 5 Working Days of the payment claim being served on the Owner.
    6.9 The Owner shall pay progress payments on the due dates, irrespective of when the Owner’s bank or financier is prepared to advance any monies required by the Owner in order to meet the Owner’s payment obligations under this Contract. It is the Owner’s responsibility to ensure that sufficient funds are available to comply with the Owner’s payment obligations under this Contract. The issue of a Code Compliance Certificate is not a prerequisite to Practical Completion or the Builder’s entitlement to payment of the final invoice.
    6.10 The Owner may at any time request the Builder to provide a receipt or statement recording or evidencing the payments received from the Owner.
    6.11 The Parties will comply with their obligations (if any) under Subpart 2A of the CCA (which requires certain retention monies to be held on trust or otherwise secured) to the extent that Subpart 2A applies to this Contract. The purpose of this provision is to ensure that an adjudicator appointed under the CCA or an arbitrator appointed under the Arbitration Act 1996 has jurisdiction to make a determination in respect of any such obligations, as if they were expressly incorporated into this Contract.

    8 Commencement and Completion of Work

    8.1 The Builder shall commence the Building Work within a reasonable time after:

    a) the Contract has been signed by both parties; and
    b) any deposit payable in accordance with clause 6.2 has been paid; and
    c) any necessary Building Consent or resource consent or other requisite consents or licences or consent amendments have been issued.
    8.2 Unless otherwise agreed in writing between the Parties, the Owner shall obtain all project information memoranda, Building Consents, resource or other consents or licences, and consent amendments required for the Building Work.
    8.3 The Owner shall promptly provide all information reasonably required by the Builder to enable the Builder to comply with the Builder’s obligations under this Contract, whether prior to the commencement of, during the performance of, or after the completion of the Building Work.
    8.4 The expected completion date stated in Part B of the Schedule shall be automatically extended by a reasonable time where delays arise due to:

    a) Variations;
    b) Any strike, lockout, or other industrial action;
    c) Loss or damage to the Building Work other than loss or damage caused by the Builder’s breach of its obligations under this Contract;
    d) Flood, volcanic, or seismic events;
    e) Inclement weather;
    f) Failure to obtain consent or approval through no fault of the Builder;
    g) Failure by the Owner to give timely directions;
    h) Unforeseen physical conditions;
    i) The Builder exercising its right to suspend the Building Work under this Contract;
    j) Act, omission or default by the Owner or any person for whose acts or omissions the Owner is responsible;
    k) A separate contractor’s act or omission;
    l) Unavailability or shortage of materials;
    m) Any other event which is beyond the reasonable control of the Builder and for which the Builder is not responsible.

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