Members News

Congratulations on 10 years of service

A big thank you to New Zealand Certified Builders (NZCB) Chief Executive, Grant Florence, for 10 years of service at NZCB. You are a true

January 26, 2022

NZCB welcomes new employment law helpline

In late 2021, New Zealand Certified Builders (NZCB) preferred employment lawyers, Trudy Marshall and Danny Jacobson of Employment Lawyers Tauranga informed us they would be

January 26, 2022

H1 Building Code updates

With the recent H1 Building Code updates, windows have large impact on heat lose in homes, so have been a key focus. The changes are

January 25, 2022

What are the benefits of a Building Guarantee?

What does a 10-year building guarantee cover? A 10-year building guarantee provides cover to the Homeowner should a structural or weathertightness defect arise, and the

January 25, 2022

How is the NZCB advertising levy spent?

The results from the New Zealand Certified Builders (NZCB) membership survey in October 2021 showed us you would like to see more local advertising. So

January 25, 2022

NZCB Covid-19 Update – 24th January – Are you ready for Omicron?

Dear Member,With the news of Omicron fast approaching, the Prime Minister has announced that we would not enter another lockdown once it is detected in

January 25, 2022

Are you getting paid on time?

In the perfect world, you present a payment claim for the completed period or the stage of the works, and the client pays it

January 17, 2022

Tight summer ahead but the end is in sight

The August ‘Delta’ lockdowns stopped sawmill production right when mills traditionally start to build stock for the busy summer months and the Christmas maintenance shutdowns.

December 15, 2021

Older Posts...

Tight summer ahead but the end is in sight

December 15, 2021

The August ‘Delta’ lockdowns stopped sawmill production right when mills traditionally start to build stock for the busy summer months and the Christmas maintenance shutdowns.

NZCB Important Announcement – Resignation of Chief Executive

December 14, 2021

Resignation of Chief Executive – 14th December 2021 Dear Member, Grant Florence has advised me of his intention to step down as Chief Executive of

Covid-19 update – 14th December – Webinar for Employment law changes

December 14, 2021

Dear Member,As we wind down into the Christmas and New Year period, deadlines are no doubt being examined as you try to sort out what can

Red QS’s top five tips on pricing a renovation

December 7, 2021

by Paul Watson, Red QS Sales and Operations Manager Pricing a renovation is HARD. It isn’t clean like pricing a new build. You must think

Tax on Christmas parties and presents

December 7, 2021

by Gavin Lord, NZCB Finance Manager Christmas is fast approaching. If you’re planning a staff Christmas party to boost morale and mark the end of

Builders’ tips if you’re planning a pool

December 1, 2021

Image : G Donaldson Builders As the weather warms up and we look forward to summer holidays, you may be looking around your property and

Covid-19 Update – 30th November New Construction Protocols, New Traffic Light System

November 30, 2021

New Construction Protocols The new Traffic Light protocols replace the current Residential, Vertical and Horizontal Protocols from December 3rd, 2021. These were the protocols that

National Support Office holiday closure

November 23, 2021

The New Zealand Certified Builders National Support Office will be closed from midday on Thursday 23rd December 2021 for the holiday period. The office will reopen at 8am on Monday

November 2021

November 17, 2021

National Support Office holiday closure The New Zealand Certified Builders National Support Office will be closed from midday on Thursday 23rd December 2021 for the holiday period. The office

Covid-19 Update – 11th November – New legislation for workplace vaccine requirements

November 11, 2021

How to decide what work requires a vaccinated employee To align with the recently announced COVID-19 Protection Framework, the Government will mandate vaccinations for workers

Contract Works Insurance – your questions answered

November 8, 2021

We have recently received requests for assistance from New Zealand Certified Builders (NZCB) members when completing the Contract Works Insurance section within a Building Contract.

Six tips for marketing on a shoestring

November 8, 2021

by Karla Farrar, NZCB General Manager – Marketing and Services Need more customers but unsure where to start? Is your marketing budget tight but you

Five tips for small bathrooms

November 1, 2021

Renovating a small space can be a challenging task – working out where to put everything and ensuring all your needs are met within the

Covid-19 Update – 22nd October – NZCB position on vaccination, New COVID protection framework, business support package

October 22, 2021

Where does NZCB stand on mandating vaccination in the workplace? The Board of NZ Certified Builders Association have recently discussed the position of the Association

Covid-19 Update – 19th October – Important Facts, My Covid Record, More Wage Subsidy Support

October 20, 2021

EMPLOYMENT Ten important facts every business and their employees should know about the COVID-19 Delta variant and the workplace Employment law has not changed due

Timber shortage – spring update

October 19, 2021

The structural timber shortage around the world continues but there is hope for New Zealand. Since my last New Zealand Certified Builders update, I have

Halo Guarantees Limited – one year on …

October 19, 2021

An update from the Halo Guarantees Limited Board It’s been a year since we launched Halo Guarantees Limited and so far, it feels like one

Can you pass on cost increases to your clients?

October 12, 2021

by Geoff Hardy, Construction Law Specialist at Martelli McKegg Lawyers For years we have been lamenting the poor productivity of the New Zealand building industry

Covid-19 Update – 8th October – New rounds of financial support, Supply Challenges Update

October 8, 2021

New rounds of financial support Applications are open for a new round of the Wage Subsidy. Applications for a third round of Resurgence Support Payments

NZCB Covid-19 Update – 6th October – Digital vaccination record, Alert level Advice

October 6, 2021

NEW digital vaccination record ‘My COVID Record’ From the end of November, everyone in New Zealand will be able to access a scannable QR code

Q&A: My COVID Record

October 6, 2021

What if I had my vaccinations overseas? My COVID Record draws upon information in the national COVID-19 Immunisation Register (CIR). If you have received a

Renovation? What to do and don’t, straight from builders

October 1, 2021

As New Zealanders across the country turn to renovation to add value to their biggest assets, there are some common renovation mistakes we want to

Covid-19 Update – 24th Sep

September 24, 2021

Dear Member Late last week we caught up with the Ministry Of Health to voice your concerns on questions being asked by homeowners and subcontractors

Meet the NZCB Board

September 22, 2021

New Zealand Certified Builders (NZCB) is managed by a Board of six Directors, made up of four Member Directors and two Independent Directors. The role

Covid-19 Update – 17th Sep – New rounds of financial support, testing at the boundaries

September 17, 2021

Dear Member, The Government has authorised 7 Auckland based building material manufacturers covering 3 critical lines (plasterboard, coated roofing steel and cavity insulation) to commence

Covid-19 Update – 14th Sep – Employment Questions Answered, Crossing Alert Level Boarders

September 14, 2021

Dear Member, After yesterdays announcement it is pleasing to hear that there is light at the end of the tunnel for Auckland and that the

Covid-19 Update – 8th Sep – Product manufacturing update, Priority vaccination for builders

September 9, 2021

Dear Member, I have been working hard with MBIE and other industry stakeholders over the last week, and after some pressure from industry, Government has

What is a 10-year building guarantee?

September 1, 2021

If you’re looking to build your next home, or are undertaking a large-scale renovation, it’s important to ensure you have adequate cover if things go

Covid-19 Update – 31st August – Resurgence Package, Travelling, Operating at level 3 & 4

August 31, 2021

Dear Member, After the government announcement yesterday, it is good news that the Building and Construction industry can return to work in those areas at

Covid-19 update – 24th August 2021

August 24, 2021

Dear Member After the government announcement yesterday, it is clear that we will be at Alert Level 4 until the end of the week. This

Covid-19 update – 20th August 2021

August 20, 2021

Dear Member, As you will be aware the Government announced on Tuesday evening that NZ would move to Level 4 effective from midnight of that

NZCB Auckland Council Covid-19 Update – 18th August

August 18, 2021

Auckland is currently at Alert Level 4 and all council facilities and offices are closed. Please follow all health advice from the government on Unite

NZCB Tauranga Districts – Inspections Update – 18th August

August 18, 2021

Tauranga Districts Regional President, Paul James asked the following question to both Tauranga City Council (TCC) and Western Bay of Plenty District Council (WBOPDC). See

Meet our NZCB Presidents

August 17, 2021

The New Zealand Certified Builders Association is divided into 22 regions throughout New Zealand. Each region is led by a President and supported by a local

Improve your team’s problem-solving skills

August 11, 2021

By Jason Dinan, Executive Coaching & Consulting Whether you think of them as problems or challenges – there’s no escaping them. Admin support people, supervisors,

The importance of managing clients from start to finish

August 11, 2021

By Shane Ririnui, NZCB Education and Technical Manager It has been three months since I started my new role as New Zealand Certified Builders (NZCB)

Passive homes could be key to healthier future

August 1, 2021

With headlines hitting the news about damp, mouldy homes across the country, now is the perfect time to consider building a Passive House. The concept

NZCB AGM, Conference and Expo 2021

July 21, 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

NZCB brings something special to the small screen

July 21, 2021

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

How do NZCB building contracts compare to others?

July 14, 2021

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

Duty of disclosure – honesty is always the best policy

July 14, 2021

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

Top tips for more space in your home

July 1, 2021

If the cooler months have your family feeling a bit cooped up at home and in need of more space, New Zealand Certified Builders (NZCB)

Recognising our members

June 15, 2021

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

NZCB welcomes new Board Member

June 15, 2021

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

MBIE Building Performance Team updates

June 15, 2021

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

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

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

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