SECUREBUILD’S TERMS & CONDITIONS

SECUREBUILD’S TERMS & CONDITIONS 2017-12-12T05:36:07+11:00

A key requirement to obtain cover from SecureBuild is the acceptance of SecureBuild’s Terms and Conditions.

The Terms and Conditions have been developed to ensure that the risk to homeowner clients when building or renovating is minimised.

SecureBuild’s Terms and Conditions are also designed to maximise builder profit for each and every building project undertaken.

If SecureBuild’s Terms and Conditions are not followed by a builder, SecureBuild may decide to:

  • increase a builder’s risk rating
  • reduce the builder’s turnover level
  • deregister the builder.

Terms and Conditions

1. Licensing

1.1  Builders and contractors registered with SecureBuild (Registered Contractor) must hold a current NSW Fair Trading contractor licence for the duration of the period of registration.

1.2  The Registered Contractor must ensure that all Registered Contractors are qualified and/or nominated supervisors hold the relevant current contractor licence during the period of registration.

1.3  SecureBuild must be notified immediately of the following:

a) a change to the Registered Contractors license status

b) a change to the Registered Contractor’s qualified or nominated supervisors licence status

c) early termination of the contract for any reason

d) any disciplinary action being taken by NSW Fair Trading, or other regulatory body, that may impact on the licensing status of the Registered Contractor

e) any dispute between the Registered Contractor and the owner where a complaint has been made to NSW Fair Trading

f) when a claim has been lodged against the Registered Contractor in the NSW Civil and Administrative Tribunal (NCAT) or any other Court or Tribunal.

2. Financial

2.1  SecureBuild is to be immediately notified if the Net Tangible Asset (NTA) position of the Registered Contractor’s business changes by more than 30% from the position lodged with SecureBuild at the time of application for registration.
2.2  The Registered Contractor must not exceed their maximum turnover level by more than twenty (20) %.

2.3  If requested by SecureBuild, SecureBuild will be given reasonable access to, or be provided with financial documents and information of the Registered Contractor’s business for the purposes of assessing the financial viability of the Registered Contractor.

3. Contracting

3.1  If requested by SecureBuild, prior to execution of a building contract, or at any time throughout the building work, the Registered Contractor shall provide SecureBuild with the documents relating to the building work, including but not limited to, contract, estimates, quotations, plans and specifications.

3.2  SecureBuild is entitled to at its discretion, refuse to issue a HBC certificate to any of the Registered Contractor’s proposed clients, however the issuing of a HBC certificate shall not be unreasonably refused.

3.3  Progress claim payment amounts (or percentages) set out within the building contract entered between the Registered Contractor and its client are to be the same as those approved by SecureBuild.

3.4  Three of the progress claim payments within contracts for the construction (including renovations and additions) of dwellings are to occur at:

  • Lock-up pre-lining
  • Waterproofing
  • Final.

3.5  Registered Contractors must include in all building contracts requiring a HBC certificate, the Terms and Conditions included in the SecureBuild Special Conditions .

Where a Registered Contractor fails to insert the SecureBuild Special Conditions into a building contract, the SecureBuild Special Conditions shall be implied into the contract and take precedence over any terms in the contract which apply to those conditions.

Where a HBC certificate has been issued, the Registered Contractor agrees to abide by the SecureBuild Special Conditions.

3.6  Registered Contractors must notify SecureBuild of any variations to the building contract which are greater than ten (10) % of the contract price.

The Registered Contractor will pay any difference in premiums where the above variation increases the value of the building work insured.

3.7  The Registered Contractor is to provide SecureBuild with the details of any engineer and principal certifying authority (PCA) engaged by the Registered Contractor, or its client, along with copies of a certificate of currency for their professional indemnity insurance policies for the period of engagement.

3.8  In addition to the above, the Registered Contractor is to provide a copy of the following if applicable:

a) Development Consent

b) Construction Certificate

c) Building Contract, and

d) Occupation Certificate, including all the certificates required for provision of the Occupation Certificate.

c) Building Contract, and

d) Occupation Certificate, including all the certificates required for provision of the Occupation Certificate.

4. Progress Payments

4.1  No payments are to be demanded or received from the Registered Contractor’s client for Progress Claim Payments without prior approval from SecureBuild’s Building Inspector.

4.2  SecureBuild, may at its discretion, require additional inspections prior to Progress Claim payments.

5. Site Access

5.1  SecureBuild’s Building Inspectors and/or authorised representatives are to be given access, on reasonable notice, to building sites to conduct inspections at any stage of the building work.

5.2  No reasonable request to conduct tests, inspections or inquiries to assist SecureBuild confirm compliance with the building contract, NCC, AS/NZ Standards or any other applicable code, standard or regulation will be refused by the Registered Contractor.

6. Defects and incomplete work

6.1  In addition to any requirement of the building contract, defective or incomplete building work identified by SecureBuild’s Building Inspector during or post construction is to be rectified within timeframes agreed between the Registered Contractor and the inspector.

6.2  The Registered Contractor, or their authorised representative, must be present during inspections undertaken by SecureBuild Building Inspectors where such inspections are mandatory requirements for payment of a Progress Claim Payment.

6.3  The Registered Contractor must pay SecureBuild for any follow-up inspections required for approval of payment of a Progress Claim Payment at a rate of $150 per hour plus GST, or a rate as notified by SecureBuild.

6.4  The Registered Contractor must pay for an inspection and completion of a report on the stage of the work at termination at the above rate, where the Registered Contractor has terminated the contract before the completion of the contract period.

7. Disputes

7.1  The Registered Contractor must make every effort to resolve disputes with its client quickly and efficiently.

7.2  If the Registered Contractor’s client lodges a dispute complaint with SecureBuild, the Registered Contractor must deal with that dispute quickly and efficiently and cooperate with any reasonable request by SecureBuild in relation to the dispute.

7.3  In circumstances where the Registered Contractor requests SecureBuild’s involvement in assisting to resolve a dispute with their client, or their client is experiencing difficulties in resolving their dispute with the Registered Contractor, SecureBuild will charge a fee to the Registered Contractor covering the cost of the Building Inspector’s involvement at a rate of $150 per hour.

Such engagement does not create a legally binding duty to the Registered Contractor to act solely for the Registered Contractor.

8. Use of Information

8.1  The Registered Contractor gives permission to SecureBuild to use the information it collects from the Registered Contractor in SecureBuild’s business operations, or to provide such information as required by law to other parties including, the State Insurance Regulatory Authority, other HBC Providers and the client, subject to the terms of the SecureBuild Privacy Policy or any other applicable privacy laws.

SecureBuild’s Terms and Conditions (PDF for download and print version)