New Zealand Certified Builders Media Page

We feature a lot in the press, here you will find relevant articles as well as our TV campaigns and anything else that is press/media related. Happy browsing...

19th July 2022 – NZCB welcomes certainty about timing for implementation of new insulation standards

New Zealand Certified Builders (NZCB) welcomes the Ministry of Business, Innovation and Employment’s (MBIE) decision that most of the changes to energy efficiency ratings (H1) component of the building code, which introduce new standards for insulation, will take effect from May 2023.

NZCB’s newly appointed Chief Executive, Malcolm Fleming says while the full suite of changes were due to take effect in November this year, the deferral of all of the changes other than those relating to window glazing, gives the industry and government time to work together to address challenges to implementing the new requirements.

“The building industry is already experiencing significant pressure from supply chain constraints, skill shortages and price escalation for building materials, in the context of ongoing high levels of building demand. Deferring the timeframe for the new insulation standards recognises more time is needed to enable the industry to be ready to implement them effectively,” says Mr Fleming.

The new regulations are aimed at reducing the energy needed for heating residential homes by up to 40 percent. They double the requirement for roof insulation, increase the performance requirements for windows, and raise requirements for underfloor insulation.

“As well as the availability of products to meet the new requirements, builders need to adapt to new methods of design and construction, which requires system-wide training,” says Mr Fleming.

For its part, NZCB is developing specific H1 training and support materials for its member builders, and will encourage their participation in any MBIE-led training, to ensure they are well-equipped to meet the new requirements and contribute to improved energy efficiency outcomes.

“With this preparation, NZCB believes the industry will be best positioned to ensure effective implementation of an initiative that will lead to better insulated homes and commercial buildings as one key aspect of our collective response to climate change,” says Mr Fleming.

NZCB’s member builders are typically from small to medium-sized building firms that offer a full spectrum of residential and light commercial building services. Reflecting its focus on quality, NZCB is the only building trade association that requires builders to hold a formal trade qualification to be eligible for membership, and it provides ongoing skills development for its members.

16th April 2020 – NZCB commentary on Covid-19 recovery 16 April announcement

NZCB welcomes today’s announcement by Government, which enables builders to return to work and contribute to the country’s economic recovery from Covid-19. The well-established focus on health & safety in the building sector is a strong platform for ensuring successful implementation of the new Covid-19-related risk management protocols developed by industry representatives in consultation with Government. As a trade association, we are supplementing this with member briefings (“Toolbox” sessions) to reinforce health and safety requirements and provide other practical guidance for the return to work.

Our members tend to be builders in small to medium sized building firms that typically do residential and light commercial building work, and as SMEs have certainly felt the impacts, along with every other sector. However, we also see some potential positives emerging from what has been incredibly challenging situation for everyone, which I’m happy to speak with you further about if you are interested:

With more people available in the workforce, following displacement from the tourism and hospitality sectors in particular, there’s a significant opportunity to attract and recruit more people into trade training/apprenticeships and build the pipeline of trained workers that will be required for the intensive infrastructure planned to kick-start the economy. But what we learned in the Global Financial Crisis was during that period of uncertainty, builders stopped taking on apprentices. So in our view, Government should look at providing an employer subsidy to builders to incentivise this and capitalise on this opportunity.
SMEs in the building sector should emerge out of this Covid-19 crisis more resilient than before. In a period of enforced lockdown, they’ve had a chance to work on their respective businesses behind-the-scenes, reassessing and dealing with things that they’ve been too busy to deal with in recent years due to such high levels of demand for builders. One example is the reminder this situation has given builders about the need for written contracts, in the context of consumers cancelling plans and not paying and disagreements about who pays to secure sites during lockdown.

Please let me know if you’d like any further information or comment on the above or other matters relating to the building sector, particular in respect of the perspectives of smaller building firms (vs large construction companies).

Kind regards
Grant Florence
NZCB Chief Executive
New Zealand Certified Builders
021 906 487 | [email protected]

5th December 2019 – New Board Member

The NZCB Board have appointed new Independent Director, Tricia Indo. Read more about Tricia and her appointment here.

21st May 2019 – Bench Seat Donations

Bench seats made by the participants of the Regional Apprentice Challenge competitions were donated to the Cancer Society, nationwide, and gratefully received. Read about some of them here.

16th April 2019 – Regulation Changes

What needs to be taken into account during the Building Act overhaul? Read here what Grant Florence reckons.

12th March 2019 – Apprentice Challenge in the Regions.

It’s that time of year again, and we’re all over the regional publications, while the Apprentice Challenge is underway:

31st January 2019 – Christchurch Rebuild

Is the Canterbury Rebuild coming to an end? Read what Grant Florence has discovered, here…

12th October 2018 – Proud New Members

A great way to get your name out there is to approach a local journalist and associate yourself with a reputable and national organisation like NZCB – check with us first for the correct way to approach any media outlet. DuraBuild Construction are a great example, here.

1st October 2018 – Homeowner Survey

The results are in, and homeowners are still complacent about entering into building contracts, or having a building guarantee. Read more about the survey here, and it’s results here.

26th September 2018 – Member Wellness

NZCB has partnered with Employee Wellness Programme, to help Members maintain wellness on the work site and in the office. Read more about it here….

9th August 2018 – Substandard imported materials

What’s the answer to substandard building materials coming into New Zealand? Read about what NZCB’s Chief Executive thinks the wider issue is, here…

18th July 2018 – Playhouse giveaway

All the hard work of 2018’s Apprentice Challenge participants will now be helping sick kids, with the latest donation of one of the castle-themed playhouses finding a home at Tauranga Hospital. Read more about it here.

8th June 2018 – New Chair

The NZCB Board has appointed a new Chairman. Read more about Kevin Sceats, here.

6th June 2018 – Apprentice Challenge

The winner and runner up of the 2018 NZCB Apprentice Challenge showed their media skills on Seven Sharp last night! View the video here.

30th May 2018 – Apprentice Challenge

And the winner is…! Congratulations to all participants in this year’s apprentice challenge final in Rotorua. Read more here about winner Matt Hatchard and his apprenticeship journey.

28th May 2018 – KiwiBuild

Does the New Zealand building industry have the capacity for KiwiBuild? Grant Florence has some concerns – read more here.

23rd May 2018 – Playhouse giveaway

Ahead of the Apprentice Challenge finals in Rotorua, NZCB are giving away the castle-themed playhouses made by apprentices during their regional competitions. Read more here…

21st May 2018 – Annual Conference

Get ready Rotorua! We’re on our way, and ready to celebrate 20 years of raising the standards in New Zealand. Read about it here.

15th May 2018 – Budget

As the Budget 2018 announcement looms, how will the building sector fare? Read more here.

7th May 2018 – #CareersAdvice

The ASB/KPMG Strategic Insights Panel has just announced its latest initiative #CareersAdvice, an online hub providing school leavers practical information to help advise their next steps in skills development. NZCB are proud to have contributed content to this project. Read more here.

2nd May 2018 – Skills shortage?

It’s not news that the industry is desperately short of skilled labour. Read NZCB’s Chief Executive’s comments about some possibly strategies, here.

25th April 2018 – Building supplies co-op

Read our response to the launch of this Canterbury-based building supplies co-operative, here.

18th April 2018 – The 2018 NZCB Apprentice Challenge begins, with all regional events occurring on one day – 21st April – and winners of these events off to finals in Rotorua on 25th & 25th May, in conjunction with NZCB’s 20th Anniversary Conference & Expo. Read about the Timaru event here, the Invercargill event here, Tauranga’s event here, Manawatu/Taranaki here, Gisborne here, Taranaki here, Masterton’s event here, and Dunedin’s event here.

29th March 2018 – Is LBP working?

Grant Florence speaks to the media about whether LBPs should have to be present on all building sites, and whether they should be trade qualified, here…

28th March 2018 – Are corners being cut?

Everyone makes mistakes – even experienced builders. Are quality issues exacerbated when building levels are high? Read more here about NZCB’s findings on this matter…

27th March 2018 – Top tips for building in 2018

Building this year? Then you can’t go past this advice from NZCB’s Chief Executive, Grant Florence, published on Stuff today. Read more here…

13th March 2018 – Sting Operation

Brent Chatterton, Chairman of NZCB, says there are no surprises here, in the news today…

5th March 2018 – Apprentice Challenge

Preparations for the 2018 NZCB Apprentice Challenge are underway, with all Regional Events to take place on 21st April. The opportunities and prizes are epic, so why not encourage your apprentice to take part? Click here for more details on how to apply. Click here to read about it in the news.

1st March 2018 – CBL Insurance

NZCB recognises that some of our members and their homeowners may have some concerns around the interim liquidation of CBL Insurance. Please read the following statement from NZCB, regarding our position on this, and keep an eye on this page for further updates. Click here.

12th December 2017 – Merry Christmas from all the team at NZCB!

11th December 2017 – A fantastic result for all the hard work put in by Nelson Bays NZCB Members, and a huge boost to the Nelson Marlborough Rescue Helicopter Trust, which is a benefit to the entire region. The auction results here…

8th December 2017 – Well done to Nelson Bays Regional President Garry Nott, and all NZCB Members in his region who helped with this worthy cause. Read more here about their charity house build…

10th November 2017 – Congratulations to NZCB member, ZB Homes in Bay of Plenty who have just taken out the top spot in the Deloitte Fast 50 Awards! Read more here…

25th August 2017 – NZCB hits the news again, with both Grant Florence and Brent Chatterton talking about the future of the industry and how to “smooth out the bumps”. Read more here…

24th August 2017 – Certified Builders have provided some food for thought to all political parties, in the lead up to the General Election, addressing the issues associated with the continued high demands on the building and construction sector. Click here to read the press release, which has been distributed to all media and political leaders.

21st August 2017 – NZCB’s very own building guarantee, Halo 10 Year Residential Building Guarantee, is making the news again. Read about the ongoing success of this mandatory product, exclusive to NZCB members, by clicking here.

2nd August 2017 – NZCB’s Nelson Regional Association is in the news again, this time partnering with Mitre 10 Mega to raise substantial funds for Nelson Marlborough Rescue Helicopter Endowment Trust. Read all about it here.

21st June 2017 – NZCB’s Building InSites programme, improving build quality through education on site, has hit the news. Read more about it here.

30th May 2017 – Hear what NZCB Apprentice Challenge 2017 Winner – Chris McLean has to say about the NZ building industry. “Your country needs you to pick up a hammer”. Read it here.

19th May 2017 – See the video and read all about how New Zealand Certified Builders’ Otago Regional Committee raised almost $8,000 for Search and Rescue Dogs Otago, here.

7th April 2017 – NZCB Apprentice Challenge for 2017 starts tomorrow (8th April), with the regional events happening in 14 locations, nationwide. There have been record levels of interest from apprentices, with the competitions kicking off at 8:00am. Click here to read more

14th December 2016 – Media Release: NZ Certified Builders (NZCB) welcomes the report on building warranties/guarantees based on a comparison of the situation in New Zealand with the UK, which emphasises the importance of these for anyone wanting to undertake a new home build or significant renovation. NZCB Chief Executive, Grant Florence said “NZCB believes mandatory building guarantees are in the best interests of both consumers and our members and, for this reason, we introduced an industry-leading mandatory guarantee scheme in January 2016. To read the full media release click here.

12th October 2016 – Our new television commercial is all ready to go! Phase 2 is all about homeowner engagement, and airs on various channels from 16th October.

21st September 2016 – NZCB have released the results of a Consumer Satisfaction Survey, undertaken in May 2016, which amongst other things, highlights some misunderstandings around the LBP scheme and trade qualifications. Read more here.

6th September 2016 – NZCB makes the news with upcoming commencement of the building works for our new National Support Office in Marsh Street, Tauranga. See Grant Florence talking to the Bay of Plenty Times, here.

17 August 2016 – The NZCB Board have appointed a new Additional Director, Reneé Jaine.
Read more about the appointment here.

30 July 2016 – NZCB Proudly featured on Houzz. 26 NZ Fireplaces to Warm Up Beside

27 July 2016 – Great NZCB exposure on NewsHub last night – if you missed it, here’s the link (@ 3:36mins): http://www.newshub.co.nz/politics/auckland-councils-mission-422000-new-homes-by-2040-2016072713#axzz4Fe2S2J51

29 May 2016 – Phase 1 of NZCB’s television commercials, “awareness”, airs until 24th July 2016. Click here to view the advert.

30 May 2016 – Regional carpentry apprentices compete in the capital for top honour. Following a series of regional events that involved building children’s playhouses, twelve regional champions gathered in Wellington over 26-28 May for the national final of the Certified Builders Carpentry Apprentice Challenge. www.itab.co.nz for photos…read more

25 May 2016 – Builders and other tradies converge on the capital for massive trade conference and expo. With building and housing issues high on the public agenda, New Zealand Certified Builders (NZCB) is holding its 18th annual conference and expo in Wellington over 26-28 May. Building and Housing Minister Dr Nick Smith will open the conference to over 500 delegates….read more

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.

4.1	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.

13.1	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.

9.1	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.

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.

Find an approved NZCB Builder

Find in...

Find Builder...

New Zealand Certified Builders Media Page

We feature a lot in the press, here you will find relevant articles as well as our TV campaigns and anything else that is press/media related. Happy browsing...

Become a Member

About NZCB

Contact Us

Being a NZCB member is good for business.

Make a technical enquiry

Make a general Enquiry

Find an approved NZCB Builder

Find in...

Find Builder...

New Zealand Certified Builders Media Page

We feature a lot in the press, here you will find relevant articles as well as our TV campaigns and anything else that is press/media related. Happy browsing...

Become a Member

About NZCB

Contact Us

Being a NZCB member is good for business.

12 Insurance

4. Calculation of Progress Payments & Final Contract Price

13 Insurance

9. Commencement and Completion of Work

Make a technical enquiry

Make a general Enquiry

7 Invoices and payments

4 Calculation of Progress Payments & Final Contract Price

6. Variations

8 Commencement and Completion of Work

USER INFO UPDATE REQUEST