Members News

NZCB AGM, Conference and Expo 2021

Building a more sustainable future Despite facing material, timber, and labour shortages, the building industry is working hard to advocate for more sustainable ways of

July 21, 2021

NZCB brings something special to the small screen

It’s been a while since New Zealand Certified Builders (NZCB) had some fresh online video content to share. COVID-19 put the brakes on our last

July 21, 2021

How do NZCB building contracts compare to others?

By Geoff Hardy of Auckland law firm Martelli McKegg As a member of New Zealand Certified Builders, you have access to state-of-the-art building contracts that

July 14, 2021

Duty of disclosure – honesty is always the best policy

When arranging insurance, it is easy to remember the details of the property or liability that you want to insure, after all it’s related to

July 14, 2021

Recognising our members

In recognition of membership to the New Zealand Certified Builders Association, we would like to acknowledge and thank the following members for your support over

June 15, 2021

NZCB welcomes new Board Member

Meet Nick Farrelly… At the 2021 New Zealand Certified Builders (NZCB) Annual General Meeting, it was announced that during the recent board elections, Nick Farrelly

June 15, 2021

MBIE Building Performance Team updates

With all the recent updates received from the Ministery of Business, Innovation and Employment (MBIE) Building Performance Team, we thought it appropriate to put them into

June 15, 2021

Increased sick and bereavement leave entitlements

Sick Leave During the week commencing 17 May 2021 the Holidays (Increasing Sick Leave) Amendment Act passed its third reading in Parliament and on 24

June 15, 2021

Older Posts...

Increased sick and bereavement leave entitlements

June 15, 2021

Sick Leave During the week commencing 17 May 2021 the Holidays (Increasing Sick Leave) Amendment Act passed its third reading in Parliament and on 24

Five things to know before you convert your garage

June 1, 2021

In a heated property market, converting your garage can seem like a simple, cost-effective way to gain more living space without having to move or

NZCB InTouch May 2021

May 19, 2021

Have you voted? 2021 NZCB Board nominees Voting is now open to fulfil one Member Director position available on the New Zealand Certified Builders Board. Three

NZCB Advertising Levy spend 2020

May 18, 2021

The Advertising Levy is invoiced annually to all Business Members and is separated from the New Zealand Certified Builders (NZCB) annual membership fee. This is

How to improve your team’s problem-solving skills

May 18, 2021

Whether you think of them as problems or challenges – there’s no escaping them. Admin support people, supervisors, managers, sales people, leaders, business owners and

Timber shortage – why, how long and what it means for NZ Certified Builders

May 12, 2021

By Marty Verry, Red Stag group CEO The current shortage of framing timber in New Zealand is a result of a global phenomenon compounded by

NZCB MEMBER VOTE – Board Elections Voting Papers 2021

May 10, 2021

Dear Members, We have received 3 (three) nominations for the 1 (one) Member Director position available, and now seek your vote on who you think

Essential home maintenance for before winter kicks in

May 1, 2021

As the weather starts to cool and we swiftly head towards winter, now is the time to address essential home maintenance. With that in mind,

Revere 4

April 19, 2021

Revere is an NZCB publication designed to showcase the outstanding work of their members. Produced bi-annually, the Association believes some of New Zealand’s most inspiring

Tendering – the good the bad and the ugly

April 13, 2021

By Victoria Harrison, Director Red QS Tendering is a beast that needs some wrangling and a bit of sweet talking, but once you get your

Are the new payment retentions rules starting to bite?

April 13, 2021

By Geoff Hardy of Auckland law firm Martelli McKegg You may be aware that the Government changed the rules relating to payment retentions following the

Everything you need to know for a successful architectural build

April 1, 2021

Building a new home is the dream of many Kiwi families, but it’s also a daunting prospect. A dream project can quickly turn into a

NZCB News March 2021

March 25, 2021

Is your building project over/under $30k When you are choosing and completing a building contract it is important that you select the correct one for

Is your building project over/under $30k…

March 17, 2021

By law you are now required to provide a building contract for projects over $30,000, you are not required to do so for projects under

How to manage and report accidents at work

March 16, 2021

If an accident happens at work and your first thought is paperwork, you’re doing health and safety wrong. Reporting accidents and near misses is vital

Why you need a building contract when renovating or building new

March 1, 2021

While Kiwis are known for our ‘she’ll be right’ attitude, when you’re renovating or building your home, that kind of approach could see you in

InTouch – February 2021

February 18, 2021

NZCB Apprentice Challenge sponsored by ITM Saturday 10 April ITM stores nationwide + selected venues Do you employ an apprentice that you think could be

Deductions from wages

February 18, 2021

Question: In what circumstances can I make a deduction from my employee’s wages? Answer: We regularly deal with queries about the circumstances in which an

How tiny is too tiny? We asked our NZCB Members for their thoughts on building a tiny home

February 1, 2021

Building a tiny home can be an affordable way to get your foot on the property ladder, but there are plenty of pitfalls if you

NZCB Apprentice Challenge 2021

January 28, 2021

Saturday 10 April ITM stores nationwide + selected venues Do you employ an apprentice that you think could be the next winner of the NZCB

NZCB News – January 2021

January 28, 2021

NZCB Apprentice Challenge 2021 Applications now open! Saturday 10 April ITM stores nationwide + selected venues Do you employ an apprentice that you think could be

Building boom and tradie shortage creating ‘perfect storm’ for construction sector

January 21, 2021

If you’re planning a refurbishment or want a specific builder, it may pay to wait until at least next year. A building boom and a

NZCB’s tips and tricks for bathroom renovations

January 1, 2021

Renovating a bathroom is something that you’ll hopefully only do once or twice in your lifetime and when you do, you want to get it

InTouch December 2020

December 17, 2020

Click Here to view InTouch online Five essential things employers need to know for the summer holiday period Sourced from Employment New Zealand Employers need

Contract Works Insurance FAQ’s

December 16, 2020

Frequently asked Questions around Contract Works Insurance and some things you may not know Whose name should the policy be in? A Contract Works Insurance

Five essential things employers need to know for the summer holiday period

December 16, 2020

(sourced from Employment New Zealand) Employers need to know their holiday legal employment rights and obligations – it’s especially important as we enter the Christmas

Home maintenance you didn’t know you should be doing

December 1, 2020

Maintaining the exterior of your home can be a daunting task, but it doesn’t need to be. When the list seems endless, it can be

InTouch November 2020

November 19, 2020

Mark Up vs Margin… Let’s be clear By NZCB Group Technical Manager, Jason McClintock Our industry has been getting creative with how we use the

NZCB National Support Office holiday closure

November 17, 2020

The New Zealand Certified Builders National Support Office will be closed from midday on Thursday 24 December 2020 for the holiday period. A skeleton staff

Protecting New Zealand builders from skin cancer

November 16, 2020

Being a builder increases your risk of our most common cancer. Research has found that anyone working outdoors, including builders, are exposed to UV radiation

Mark Up v’s Margin

November 16, 2020

Let’s be clear…. Our industry has been getting creative with how we use the word margin. Traditionally, the builder would take the cost of services

Privacy rights in today’s environment

November 16, 2020

Parliament recently passed the Privacy Act 2020. This new Act will replace the current Privacy Act 1993 and will come into effect on 1 December

November 2020 Building Code update

November 16, 2020

The Ministry of Business, Innovation and Employment (MBIE) is proceeding with the majority of changes to the Building Code proposed earlier in the year with

Checking-in

November 16, 2020

We’re all currently facing challenging times due to COVID-19, and one of the most important things we can all do is check in with each

How to live your best summer life and add huge value to your property

November 2, 2020

Summer is on its way which can mean only one thing – way more time spent chilling out and relaxing outside. To do that properly,

NZCB InTouch October 2020

October 22, 2020

Halo Retrospective Applications available until 31st October 2020 As mentioned in previous correspondence Halo Guarantees Limited are now accepting Retrospective Guarantee Application Forms. This is

How to manage when we feel overwhelmed

October 19, 2020

From time to time we may experience being completely overcome by an intense emotion that something is too challenging to manage and overcome, leading to

Retrospective Application Form now available

October 6, 2020

In February this year, you were informed that your Halo 10-Year Residential Guarantee Insurance application was rejected by Brokeweb Risk Services Limited (BWRS) due to

New Halo Guarantee now available

October 1, 2020

Dear Member, I am delighted to launch our NEW Halo 10-Year Residential Guarantee service to our members. From previous communication to members over the last

Everything you need to know about building a deck

October 1, 2020

Summer is on its way and we are all excited. But with the warm weather comes more barbecues and more time outdoors, so now is

Marmox makes light work of insulating and waterproofing

September 29, 2020

The building industry is always evolving. Every year, new trends and products appear in line with demand for higher quality, more sustainable builds. If you’re

InTouch Newsletter September 2020

September 21, 2020

Which projects no longer need a building consent? From 31 August 2020, some building projects no longer need building consents. These new exemptions include a number

Employee or contractor?

September 16, 2020

It pays to get it right at the start Are you thinking of taking on more staff, and trying to decide whether you need an

Builders need to reach for the Cloud

September 11, 2020

Builders who want to improve their businesses using tech often ask us: “what is the Cloud?” Our answer is simple: “the Cloud will help you

Health insurance for your business

September 10, 2020

Special NZCB member health insurance packages Putting employees’ wellbeing first means they feel valued and encouraged to bring their best selves to work each day.

Auckland Council Update September 2020

September 7, 2020

Building Bulletin Inspections Protocols Please note: Building inspectors are receiving numerous requests to download specific health and safety apps from various construction sites to enable

Kitset homes: things you need to know before you build

September 1, 2020

Last month we talked to NZCB’s Regional Presidents about why first-home buyers should consider building instead of buying their first home. They had heaps of

New Halo Guarantee going live 1st October

August 26, 2020

Dear Member, I would like to thank you for your patience and I can appreciate that it has been extremely difficult for many of you

NZCB InTouch – August 2020

August 22, 2020

Revere Volume Four Submissions are now open for Revere Volume Four AND to add to the excitement we are proud to present the new

NZCB Covid-19 Update – 17th August – New COVID-19 laws – Construction

August 17, 2020

Dear Member Here is some further information explaining the new Alert Level Laws [Public Health Order] brought into force to respond to alert level 3

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...

Members News

Older Posts...

Become a Member

About NZCB

Contact Us

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