Subcontractor Registration

Thank you for taking the time to complete this registration. 

Completion of these details is required to establish your business in our system as a registered Subcontractor. 

Please ensure you have the following details available before starting:
- Business details
- ABN and EFT bank details
- Insurances 
- Licences

The questions below are required to be answered in order to meet the requirements of our client agreements and/or compliance with the Code for the Tendering and Performance of Building Work 2016. 

Please provide details and copies of all licences.

To streamline our compliance process, some response options have been removed so that only answers meeting our minimum requirements are selectable. If you are unable to respond using the options provided, this means we are unable to meet our compliance obligations and therefore cannot proceed with your registration. 

To streamline our compliance process, some response options have been removed so that only answers meeting our minimum requirements are selectable. If you are unable to respond using the options provided, this means we are unable to meet our compliance obligations and therefore cannot proceed with your registration. 

Workforce Legitimacy & Employment Practices

Subcontracting

Worker Welfare & Conditions

Supply Chain (Goods, Materials & Equipment)

Compliance History

Attestation & Declaration

Ethos Building & Restoration reserve the right to terminate business relationships with vendors involved in human and labor rights abuses such as the use of slavery, servitude, forced or compulsory labor, and human trafficking. 

Ethos Building & Restoration utilises a work order (WO) system to manage purchases and payments.

The issuance of a WO is our approval and commitment to payment for services rendered. Therefore, you should always ensure that you have been issued a WO for the works that you are undertaking. Having a valid WO also ensures that invoices can be efficiently processed and your payments will be made within agreed terms.

All invoices submitted need to quote the WO number and be for an amount no greater than the issued WO to ensure payments are not delayed. Should you need to invoice for a greater amount than the WO issued to you, please ensure that your WO is revised and you are presented with a copy prior to sending your invoice.

When issued with a work order you will also in most instances receive a job schedule showing the date the works are to be completed (as agreed with you prior). This schedule also indicates the trades attending before and after you. It is extremely important that that these schedules are maintained and adherence is a key requirement of working with Ethos Building & Restoration. We understand that circumstances change and dates sometimes need to be changed, however if this is not communicated to us prior we cannot deliver our services effectively, which is not an acceptable option.

Ethos Building Pty Ltd is committed to delivering a high-quality and professional service to its clients and we have a zero-tolerance approved towards behaviour that does not fully support this policy.

We expect the following of all contractors as a minimum – failure to comply with the following will result in termination of supply agreements:

• Neat and tidy personal appearance, removal of sunglasses, hats and boots (or fitting boot covers) when entering a customer’s home

• Well maintained, presentable and trade appropriate vehicles, parked appropriately (i.e. not blocking access or leaking oil on driveways)

• Well maintained and serviceable (tagged) tools of trade

• Appropriate use of drop sheets and/or other items to protect existing surfaces at all times

• High level communication and punctuality (i.e. communication with the customer or supervisor is expected when running more than 10mins late)

• Removal of all work-related rubbish to site bins (when provided) or removal from site altogether (when bins not provided)

• Never use client’s bins or personal tools/equipment to perform works, even if offered

• Use of appropriate phone etiquette – i.e. turn off phone during site meetings and customer introduction

• Never bring dogs, children or partners onto site

• No use of offensive language

• No smoking on site, internally or externally

• Discrimination or prejudice of any kind will not be tolerated on Ethos Building sites

It is Ethos Building’s strict policy that we do not provide trade recommendations to our customers to engage with privately. In the event that our customer approaches you to complete works on a private basis, these works must be completed after the contracted works with Ethos Building have been completed and the site has been handed over to the customer.

If this is not practical, the additional works must be referred to the job supervisor so that a written variation can be submitted to the customer for approval

Ethos Building maintains the highest commitment to quality and expects the same from it's suppliers.

We have a clearly defined process for managing warranty/defect claims which is as follows:

-  Warranty claim/defect notification is received by our office

-  If this claim relates directly to you, you will either be requested to attend and inspect, or Ethos Building will perform this inspection

-  Our instructions or the findings of our inspection will be provided to you in writing, for which you will be given 7 days to respond with your intentions

-  Should your response not be received during this time, you are providing Ethos Building with an irrevocable authority to proceed with any rectification works and either

a) Deduct the costs of these works from any monies owed

or

b) Seek recovery of this costs from your business should no monies be outstanding

* Should recovery be sought, the costs of this recovery will be added to your liability and your business will be provided 30 days to make payment before legal avenues are pursued

Period Subcontract

BUILDER

and SUBCONTRACTOR

The Subcontractor hereby acknowledges and agrees with the Builder:

• that this agreement applies to all goods and services provided by the Subcontractor pursuant with Work Orders issued by the Builder from time to time during the period of this agreement; and

• that they have read and agreed to the terms and conditions supplied with this Period Subcontract “Subcontract”.

1.  WORKS 

   1. The Subcontractor shall provide goods and services pursuant to Work Orders issued by the Builder and will otherwise comply with and be bound by the terms and conditions in this Subcontract.

   2. The Builder will be deemed to have accepted and agreed to be bound by the terms of this Subcontract if, after receiving a signed copy of this Subcontract from the Subcontractor, the Builder issues a Work Order to the Subcontractor to commence work. Such actions by the Builder will constitute acceptance of all terms and conditions of this Subcontract.

   3. The Subcontractor shall accept the Work Order by confirming acceptance in writing or by commencement of the work under the Work Order.

   4. Any acceptance of a Work Order shall constitute acceptance by the Subcontractor of the prices specified in the Work Order, or if prices are not specified in the Work Order, then prices determined by the Builder.

   5. In this Subcontract, Completion (“Completion”) is that stage in the execution of the Works when, in the reasonable opinion of the Builder:

      1. the Works including any defects or damages are complete;

      2. tests which are required to be carried out and passed before the Works reach Completion, have been carried out and passed to the Builder’s reasonable satisfaction;

      3. all warranties, certificates, approvals, permits, as-built drawings, operations and maintenance manuals, and other information or anything else required or which, in the Builder’s opinion, are essential for the use, operation and maintenance of the Works or any part of the Works, have been supplied to and approved by the Builder;

      4. the Works and the Works area are to be cleaned in a workmanlike manner, or otherwise as specifically detailed in the work order;

      5. to the extent applicable, the Works are compliant with all Legislative Requirements and warranties given by the Subcontractor under the Subcontract and all required approvals, certificates and permits, have been issued and provided by the Subcontractor; and

      6. the Subcontractor has, completed all other obligations which the Builder considers are necessary for Completion, or complied with any other reasonable requirements of the Builder.
         

   6. Without limiting any other warranties provided by the Subcontractor to the Builder, the Subcontractor warrants that:

      1. it will examine and have knowledge of the Site and all information made available to, or provided to, or obtained by, the Subcontractor, including and/or in relation to:

         1. the Scope of Works and Plans and Specifications;

         2. the physical conditions or obstructions upon and below the surface of the Site including, without limitation, support for the Works, sub-subsurface stability and variation and other latent site conditions that may have an effect on the Works;

         3. the local and environmental conditions including without limitation, climatic conditions;

         4. how the Works are to be coordinated with other works at the Site:

         5. any other conditions or characteristics of the Site affecting, or which may affect the Subcontractor’s performance of this Subcontract; and

         6. the risks, contingencies and other circumstances having an effect on the Works.
            

      2. it will satisfy itself as to the correctness and sufficiency for complying with all its obligations under this Subcontract and at law necessary for the due and proper performance of the Subcontract and the Works; 

      3. it has made proper allowance for all award payments, site allowances, registered or approved industrial or other agreements that regulate terms and conditions of employment and insurance requirements payable by the Subcontractor to or in respect of its employees, agents or subcontractors for all labour, material and other resources and things necessary to enable it to comply with its obligations under the Subcontract;

      4. all goods, materials and equipment supplied and used by the Subcontractor for the Works will comply with all applicable Australian laws, codes, regulations and standards, are suitable, new, fit for purpose and free of defects;

      5. it shall perform the Works in a proper and workmanlike manner to the reasonable satisfaction of the Builder;

      6. all necessary consents, permits or authorities have been, or will be, obtained in order for the Subcontractor to carry out and complete the Works;

      7. it shall at all times be suitably qualified, experienced, hold and maintain all necessary licences (including any trade specific or occupational licences), registrations and accreditations required by law, and will exercise due skill, care and diligence in the execution and Completion of the Works;

      8. it shall provide sufficient and adequate resources to bring the Works to Completion expeditiously and without delay;

      9. it shall, upon request, provide to the Builder (where directly requested in the issued work order or where otherwise prescribed as standard by the relevant authority or required under the relevant standards) all documents and information necessary and incidental to the carrying out, Completion and occupation (if applicable) of the Works, including, without limitation, all as-installed / built drawings and service manuals, warranties and guarantees, testing and calibration records, shop drawings, samples, and certificates of compliance;

      10. it shall comply with and ensure that the Works comply with all legislative requirements relevant and applicable to Australia and within the State or Territory in which the Site is located (including, without limitation, National Construction Code, Building Code of Australia and Fairwork Act 2009 (Cth)), applicable Australian Standards and requirements of authorities having jurisdiction over the Works (“Legislative Requirements”);

      11. it shall control, carry out and bring the Works to Completion in a proper and workmanlike manner so that the Works, when completed, will be free of defects, comply with all the and Legislative Requirements, and shall be fit for their intended purpose;

      12. it shall give the Builder, and any other party nominated by the Builder, access to the Works at all reasonable times;

      13. it shall carry out the Works as and when directed by the Builder and/or within the working hours directed or Project Schedule provided by the Builder from time to time; 

      14. it shall perform or comply with all of its obligations under the Subcontract and failure by the Subcontractor to perform or comply with any of its obligations under the Subcontract shall not relieve the Subcontractor of any of its obligations or responsibilities under the Subcontract;

      15. the Works (with regard to payroll tax liability)

          1. will be performed by two or more persons engaged or employed by the Subcontractor or in the case of a Partnership entity performed by one or more partner and one or more employee; and/or

          2. the Subcontractor shall not perform work for the Builder for more than 90 days in any financial year; and

          3. the Subcontractor will notify the builder in writing if these circumstances change.

   7. Minor items and works not expressly mentioned in the Work Order or Subcontract but which are necessary for the due and proper performance and Completion of the Works to achieve a standard of work which is fit for purpose and within a level of finish consistent with the Subcontract are deemed to be included as a part of the Works and the Subcontractor warrants that such items and works are included in the Work Order value and will be supplied and executed by the Subcontractor at no extra cost.

2. SUBCONTRACT SUM

   1. In consideration of the Subcontractor performing its obligations under the Subcontract and Work Order, the Builder agrees to pay the Subcontractor the amount as stated on the Work Order.

   2. Without limiting Clause 2.1, there shall be no adjustment for any:

      1. rise or fall in labour or material costs or other fees or charges (including those due to new or changed statutory costs, fees, charges, sales taxes or other taxes and or overheads);

      2. time lost from or events caused by inclement weather or industrial action;

      3. error in measurements or quantities used by the Subcontractor in compiling their quote, except where those measurements or quantities were specified by the Builder, in which case the supplied quote will nominate that the quote is based on these provided measurements; or

      4. item or expenditure necessary for the completion of the Works even though that item may not be specifically mentioned in the Work Order.

   3. Notwithstanding anything else in this Subcontract or Work Order the Builder shall in no event be liable to the Subcontractor for any costs, expenses, losses or damages of any kind arising out of or associated with any delay or disruption to the Works, including, without limitation, any claims for loss of productivity or for consequential loss (whether direct or indirect) including, without limitation, any claims for loss of profit, loss of contract or loss of opportunity, unless clearly attributable to negligence of the Builder and costs are demonstrable.

3. LEGISLATIVE AND OTHER REQUIREMENTS

   1. The Subcontractor must:

      1. inform itself of and comply with, and inform all of its employees and contractors and ensure they comply with, all occupational health and safety, environmental and all other Legislative Requirements, policies, practices, procedures and measures applicable to the Works from time to time;

      2. institute and maintain good safety practices in accordance with all applicable OH&S Legislative Requirements (including all legislation and regulations governing or relevant to occupational health and safety, environmental, dangerous goods and electrical safety and relevant and applicable Regulations within the State or Territory in which the Site is located) and industry practices; and

      3. comply with all general Site safety procedures and required standards of general Site safety as may be advised from time to time by the Builder.

   2. The Subcontractor must immediately notify the Builder of any accident or injury that occurs on Site during the carrying out of the Works.

   3. Subcontractor must comply with the Builders WHSE Management System including but not limited to:

      1. All workers attending the site must complete a site induction using QR code noted on the Work Order.

      2. All workers attending the site must sign in and sign out everyday of attendance using the QR code noted on the Work Order.

4. SITE INSTRUCTIONS AND MEETINGS

   1. The Builder may issue instructions, directions, notices or orders to the Subcontractor in respect of any work under the Subcontract including, but not limited to the scheduling, execution, quality, character or extent of the Works, and the Subcontractor shall comply with such instructions, directions, notices or orders.

   2. The Subcontractor’s representatives shall at the Subcontractors own cost, attend all reasonable/foreseeable meetings upon request of the Builder.

   3. The Subcontractor shall attend all coordination meetings as requested by the Builder and shall supply all necessary time and resources to coordinate the Works with the Builder and all other subcontractors. The Subcontractor shall not be entitled to recover any additional payment resulting from any failure to coordinate.

5. AWARDS, WORKING HOURS AND DELAYS

   1. With the exception of Make Safes, the Subcontractor shall not carry out any part of the Works outside normal working hours without the prior written consent of the Builder or unless so directed by the Builder in writing where the Builder considers it necessary in order to maintain the Project Schedule. Any associated overtime costs shall be borne by the Subcontractor except where the Builder expressly agrees to pay such costs. Any written direction by the Builder will also be considered acceptance of any such overtime costs associated with the direction or approval.

   2. Except to the extent prohibited by any Legislative Requirements, the Subcontractor must avoid any conduct which might result in industrial unrest or disputation or otherwise disrupt the progress of the works or any other activity of the Builder or the Builder’s other subcontractors. 

   3. The Subcontractor shall comply with all industrial awards, site agreements and registered or approved industrial or other agreements that regulate terms and conditions of employment applicable to the Works to be performed by the Subcontractor.

   4. The Subcontractor shall ensure that it complies with, and that all of its contractors comply with, all Legislative Requirements relating to superannuation, long service leave and redundancy.

6. VARIATIONS

   1. The Subcontractor must comply with any direction given by the Builder to the Subcontractor to vary the Works. A Variation Direction shall be issued in writing via amended or new Work Order and may amend, increase, decrease or change the quality, character or extent of the Works or may require the Subcontractor to execute additional work.

   2. The Subcontractor must not vary (whether by increasing, decreasing or omitting any part of) the Works and/or carry out extra work except as directed in writing by the Builder pursuant to clause 6.1.

7. SITE

   1. The Builder makes no representation and gives no warranty to the Subcontractor in respect of the conditions of the Site or any structures or things in, above or adjacent to, or under the surface, of the Site.

   2. The Builder shall give the Subcontractor access to the Site or sufficient area of the Site to enable the Subcontractor to inspect the Site and to commence the Works, and from time to time give the Subcontractor access to such further parts of the Site as may be necessary to enable the Subcontractor to execute the Works.

   3. The parties acknowledge and agree that latent conditions are physical conditions on the Site and its near surrounds, including artificial things, but excluding weather conditions and the effects of weather conditions, which differ materially from the physical conditions which should reasonably have been anticipated by a competent subcontractor in the position of the Subcontractor had the subcontractor inspected all reasonably obtainable information, made reasonable enquiries and inspected the Site, its near surrounds and other foreseeable factors that may give rise to a latent condition (“Latent Condition”).

   4. Upon becoming aware of a Latent Condition, the Subcontractor must immediately and where possible before the Latent Condition is disturbed, and in any event, within 7 days of encountering the Latent Condition, give written notice to the Builder of:

      1. the Latent Condition encountered and in what respects it differs materially;

      2. the additional work and additional resources which the Subcontractor estimates to be necessary to deal with the Latent Condition;

      3. the time the Subcontractor anticipates will be required to deal with the Latent Condition and the expected delay in achieving Completion;

      4. the Subcontractor’s estimate of the cost of the measures necessary to deal with the Latent Condition; and

      5. other details reasonably required by the Builder.

   5. The Subcontractor accepts the risk of all Latent Conditions, including all time and cost implications and is not entitled to any extension of time for Completion, costs (including delay, disruption or prolongation costs), losses, expenses or damages arising from, relating to or in connection with any Latent Condition. Where reasonable/directly related to the works, the Builder will in good faith seek approval from the client for justifiable costs, which will not be reasonably withheld.

   6. The Subcontractor must co-operate with all workers and other contractors on the Site, and comply with all directions given by the Builder.

8. INSURANCE AND INDEMNITY

   1. The Subcontractor shall be liable for any loss or damage as a result of the Works from any cause whatsoever, except loss or damage caused by a negligent act, omission or default of the Builder, and the Subcontractor must make good any such loss or damage at its own cost.

   2. The Subcontractor indemnifies the Builder from and against any and all claims, losses, damages, costs (including legal costs), expenses, liabilities, penalties, fines, taxation, workers compensation, arising from, related to or in connection with the purported or actual performance of the Works by the Subcontractor, including without limitation death or injury of any person, damage to property, business interruption to the Builder and third party loss.

   3. Unless otherwise directed by the Builder, the Subcontractor and its contractors must at their own cost, prior to commencing the Works, effect and maintain until expiry of the Defects Liability Period under clause 13 or until otherwise directed by the Builder, the following insurance policies on terms acceptable to the Builder:

      1. public liability insurance;

      2. workers compensation or WorkCover insurance or personal accident and disability insurance for cover equivalent to that provided to employees under workers compensation; and

      3. professional indemnity insurance (if providing design/consultancy services).

   4. The Subcontractor must promptly produce evidence of the existence and currency of all insurances referred to in this clause 8 upon the Builder’s request.

   5. The Subcontractor shall be liable for any excess payable under any insurance policies effected.

   6. The Subcontractor shall when so instructed by the Builder proceed to rebuild and reinstate the Works or parts thereof destroyed or damaged, at their own cost. If the Builder so instructs the Subcontractor to rebuild or reinstate the Works, the cost will be proportionately borne by the Builder to the extent that the Builder has caused or contributed to the event which caused the destruction or damage and limited to each parties respective liability policy limits. 

9. NOTICES

   1. A notice (and other documents) shall be deemed to have been given and received:

      1. if addressed or delivered to the relevant address in the Subcontract or last communicated in writing to the person giving the notice; and

      2. on the earliest date of:

         1. actual receipt;

         2. confirmation of correct transmission email; or

         3. 3 days after posting.

   2. The Builder and the Subcontractor shall each notify the others of a change of address.

10. PAYMENT

    1. The Subcontractor may submit to the Builder a correctly rendered Tax Invoice “Payment Claim” together with a breakdown of the Works completed and calculations of the amount claimed. With any payment claim and as a precondition to payment, the Subcontractor must:

       1. include the Builders Work Order Number (one work order per Tax Invoice)

       2. only issue for works completed/goods supplied to site;

       3. not include an amount for a variation unless the price of the variation has been agreed in writing under a Work Order issued by the Builder.

    2. Within 10 business days of receipt of a payment claim the Builder, where there is any intent of retention/not paying an invoice in full as claimed, nominate any debt due by the Subcontractor to the Builder and the Builder’s right of set off under the Subcontract, determine the value of the payment claim (if any) and issue written notice or a payment schedule to the Subcontractor that identifies the amount that shall be payable from the Builder to the Subcontractor or from the Subcontractor to the Builder (as the case may be).

    3. Subject to the clauses 10.1 & 10.2, and unless otherwise specified, the Builder will pay the Subcontractor within Thirty (30) calendar days from End of Month after receipt of a correctly rendered payment claim. Any payment claim submitted by the Subcontractor that does not comply with the requirements of Clause 10.1 will be deemed invalid and will be rejected by the Builder. The Subcontractor must resubmit a payment claim that complies with clause 10.1, and payment terms set out above will apply from the date of receipt of the compliant resubmitted payment claim.

    4. The payment of moneys under a payment schedule by the Builder shall be on account only and will not be evidence of approval or the value of the Works done or that the Works have been executed satisfactorily.

11. SET-OFF/SECURITY

    1. The Builder may without notice to the Subcontractor:

       1. have recourse to Security where the Subcontractor is indebted to the Builder under the Subcontract or any other contract or agreement between the Builder and the Subcontractor or the Builder has suffered (or has a bone fide claim for) loss or damage by reason of the Subcontractor’s acts or omissions; and/or

       2. set off against and deduct from any monies due to the Subcontractor any debt or loss and damage.

    2. The Builder’s right of recourse to the Security and set-off under clause 11.1 survives termination of the Subcontract and nothing in this Subcontract shall affect the Builder’s right to recover from the Subcontractor the whole of the debt, costs, damages, loss, expense or claim or any balance that remains owing after such recourse or set-off.

    3. If the Builder has had recourse to the Security, then it shall be entitled to retain further Security in an amount equivalent to the amount the Builder had recourse.

12. PLANT SCAFFOLD AND EQUIPMENT

    1. Unless otherwise stated in the Work Order, the Subcontractor shall provide all plant and equipment and provide and erect all scaffolding necessary to effectively carry out and complete the Works.

    2. The Subcontractor may use the Builder’s erected scaffolding only with the express permission of the Builder and on the condition that the Subcontractor shall be fully responsible for ensuring that same complies with any scaffolding regulations and for ensuring the safety of all persons using same. The Subcontractor shall indemnify the Builder against any liability, loss, damage, expense or claim which the Builder may suffer or incur, or which may be made against it as a result of non-compliance by the Subcontractor with this clause 12.2.

    3. The Subcontractor shall be responsible for the cost of making good any damage or loss of the Builder’s scaffolding, plant, machinery, tools and equipment caused by the Subcontractor or any of its employees, agents or subcontractors and such costs shall be a debt due by the Subcontractor to the Builder and may be deducted from any monies due to the Subcontractor or from the Security.

    4. Where required, the Builder is to supply a site office and ablution block for the Subcontractors workmen unless otherwise agreed and instructed on the work order. 

13. DEFECT LIABILITY PERIOD

    1. Each party must advise the other party of any defects in the Works (including any work or material that is not in accordance with the Subcontract) as soon as practicable.

    2. The Builder may direct the Subcontractor to rectify, remove or replace any defective works at the Subcontractor’s own cost before Completion and thereafter prior to the expiration of the relevant State or Territory’s Statutory Defects Liability Period.

    3. The Subcontractor must within 7 days of a direction from the Builder under clause 13.1 provide their rectification plan to rectify at its own cost, all of the defects directed to be rectified.

    4. If the Subcontractor fails to comply with the direction or rectification in a timely manner, the Builder may have the works rectified or replaced by others at a cost due and payable by the Subcontractor.

14. QUALITY, MAKING GOOD AND TESTING

    1. All materials used by the Subcontractor must comply with all applicable Australian laws, codes, regulations and standards, be new and of the highest quality, unless otherwise directed by the Builder. The Subcontractor acknowledges and agrees that it shall, at its own cost, store, handle, move, unpack, acclimatise, remove protect and/or replace any materials used by the Subcontractor pursuant to the Builder’s and Manufacturer’s directions.

    2. The Subcontract shall take all necessary steps, including the provision of temporary covers to prevent damage to adjacent works. Should any such damage be caused by the Subcontractor or its employees, agents or subcontractors, the Subcontractor shall make good immediately upon request from the Builder. The Builder may make the same good at the cost of the Subcontractor and such cost shall be a debt due and payable by the Subcontractor to the Builder.

    3. The Builder may at any time require the Subcontractor to submit samples, prototypes and mock-ups of any work or materials which the Subcontractor intends to use in the Works for the Builder’s review. Acceptance by the Builder of any samples does not constitute acceptance of the Works or that the Works have been carried out in accordance with the Subcontract or Work Order.

    4. The Subcontractor must provide at its own cost, tests and facilitate inspections and testings required by the Builder to demonstrate compliance. The Subcontractor remains responsible for the quality of the Works even though the Builder may have had work tested or otherwise indicated that the work is in accordance with the Subcontract or otherwise acceptable.

15. SET OUT AND LEVELS

    1. The Subcontractor shall be responsible for all levels and dimensions as set out by its employees, agents or subcontractors from set out points, recovery marks and datum levels as established by the Builder.

    2. All items of work not complying with the set out and tolerances of the Subcontract documents shall be removed and replaced by the Subcontractor at its expense and to the satisfaction of the Builder. Any rectification costs incurred due to inaccurate taking up of levels, set-out and plumbing work by the Subcontractor which effect later trades must be paid by the Subcontractor.

16. ACCEPTANCE OF BASE WORK

    1. The Subcontractor shall not proceed to carry out its Works on Site if in the Subcontractor’s opinion the previous work is unsatisfactory and unless the Builder has issued a written instruction expressly overriding such objection and accepting responsibility for such work proceeding.

    2. Commencement of any Works on Site shall be evidence that the Subcontractor accepts all previous work on Site and requires no additional payment and that the Subcontractor shall be liable for any resultant or consequent defects or damage in the Works.

17. DOCUMENTS

    1. The Subcontractor’s quote for the Works shall only form part of the Subcontract to the extent that it is expressly incorporated into the Work Order, but in no case shall any term of the Subcontractor’s quote limit or exclude any provision of the Subcontract.

    2. If the Subcontractor discovers any inconsistency, ambiguity or discrepancy in the documents comprising the Work Order, including the Scope of Works and/or Plans and Specifications, the Subcontractor must seek the Builder’s direction as to the interpretation to be followed.

    3. The documents comprising the Subcontract and Work Order are to be taken as mutually explanatory of one another and figured dimensions shall prevail over scaled dimensions. The higher quality and/or quantity and/or greater scope of work shall prevail over lower quality, quantity and/or lower scope of work in the Scope of Works and Plans and Specifications. The Builder will otherwise direct the Subcontractor as to the interpretation to be followed.

    4. The Subcontractor bears all risk (and shall not be entitled to any extra payment or an extension of time) relating to, arising out of or in connection with any ambiguity, discrepancy, inconsistency, or lack of co- ordination or integration of, between or in any documents comprising the Subcontract and Work Order (including the Scope of Works and Plans and Specifications) to the extent that it could have been reasonably anticipated by a competent tradesman, and/or which cause a problem, difficulty, additional cost, additional time, or complexity relating to:

       1. the means, methods or techniques by which the Works are to be performed by the Subcontractor; or

       2. the co-ordination, integration or buildability of the Works; or

       3. the suitability of the Works with regard to its intended purpose.

    5. Where required by the Work Order (or prescribed by a relevant authority or standard), the Subcontractor shall supply to the Builder four copies of the shop drawings or such other number as required. Perusal, comment upon or return of shop drawings or other information submitted by the Subcontractor does not:

       1. indicate acceptance or approval by the Builder; or

       2. relieve the Subcontractor of any of its obligations or liabilities, including the responsibility for correctness of shop drawings or other information submitted by the Subcontractor.

18. MAINTENANCE MANUALS AND GUARANTEES

    1. Where required by the Work Order (or prescribed by a relevant authority or standard), the Subcontractor must present draft copies of all as-built drawings, maintenance manuals, guarantees and warranties for approval of the Builder prior to finalising the same.

    2. As-built drawings shall reflect the Works as actually constructed and shall be completely and legibly dimensioned to locate and identify all concealed services above and below ground.

    3. All warranties and guarantees provided by the Subcontractor shall be in favour of the principal under the Head Contract and shall be endorsed as such, and shall be for the period and in the form (if any) as specified in the Head Contract.

19. COMMENCEMENT, COMPLETION AND DELAY

    1. The Subcontractor shall commence the Works on the Commencement Date stated in the Work Order or Project Schedule or as otherwise noted by the Builder and shall proceed with the Works with due diligence and without delay at all times in accordance with the Builder's Project Schedule (notified to the Subcontractor from time to time). Time is of the essence.

    2. The Subcontractor must carry out and bring the Works to Completion in accordance with the Work Order, including, without limitation the Scope of Works, Plans and Specifications and Project Schedule, and by the Date for Completion stated in the Work Order or Schedule.

    3. Post awarding of a quotation, the Subcontractor must employ sufficient suitable tradesmen to carry out the Works in accordance with the agreed Project Schedule. If in the opinion of the Builder the Subcontractor is not employing sufficient labour to carry out the works it may after giving the Subcontractor 5 calendar days’ notice (or such lesser period deemed by the Builder to be sufficient under the circumstances) employ additional labour unless the Subcontractor employs sufficient labour and the costs of so doing shall be a debt due and payable by the Subcontractor to the Builder.

    4. The Subcontractor may be entitled to claim an extension of time to the Date for Completion (“EOT”) as reasonably determined by the Builder if:

       1. the progress of the Works is delayed by:

          1. an act, omission or default of the Builder (including its principal, agents, or consultants); or

          2. the Builder directs a variation to the Works pursuant to clause 6.1 of the Subcontract; or

          3. the Builder suspends the Works (or part of the Works) pursuant to clause 22 of the Subcontract, unless such suspension is made as a result of a failure by the Subcontractor to comply with its obligations under the Subcontract; and

       2. the delay affects the critical path of the Works and/or the Project Schedule; and

       3. the Subcontractor gives written notice to the Builder of the delay as soon as practicable, and in any event, within 5 business days of its occurrence, setting out a description of the event, the date of the event, the nature, the cause and likely extent of the delay, and the EOT sought.

    5. The Subcontractor’s entitlement to claim an EOT shall be reduced to the extent that the Subcontractor has not taken steps to avoid or minimise the delay, or demonstrated to the Builder’s satisfaction that the delay effects the critical path of the Works and/or the Project Schedule, or the Subcontractor has contributed to the delay.

    6. The Builder will within 20 business days of receiving the Subcontractor’s claim for an EOT determine what, if any, EOT is to be granted and if the Builder does not grant the full EOT claimed, then it shall provide the Subcontractor with reasons. The Builder’s delay or failure to determine the Subcontractor’s claim for an EOT within the time stated in this clause 19.6 does not cause the Date for Completion to be set at large.

    7. Notwithstanding that the Subcontractor is not entitled to or has not claimed an EOT, the Builder may at any time and for any reason in its sole discretion and for its sole benefit, without being obliged to act reasonably or fairly, grant an EOT or extend the Date for Completion.

    8. The right of the Subcontractor to make a claim for an EOT under this clause 19 is the Subcontractor’s sole remedy for any delay to the progress of the Works, and the Subcontractor is not entitled to any compensation or damages or adjustment to the Work Order value by reason of any delay or disruption to the progress of the Works, including delay costs or damages or prolongation costs.

    9. The Builder may, at any time, vary the Project Schedule, which shall not cause the Date for Completion to be set at large or absolve the Subcontractor of its obligations under the Subcontract. The Subcontractor must comply, and not without reasonable cause depart from, the Project Schedule (as amended, if applicable), and shall not be entitled to any claim against the Builder (for extra costs or an EOT) arising out of or in connection with a variation of the Project Schedule.  Where a request for costs is reasonable, the Builder will in good faith seek approval from the client for justifiable costs, which will not be reasonably withheld.

20. PPSA AND TITLE TO GOODS

    1. Ownership and property in all goods and or materials supplied and or provided by the Subcontractor under the Subcontract shall pass to the Builder immediately upon delivery to the Builder and/or the Site.

    2. In this clause 20, capitalised expressions have the meaning given to them in the Personal Property Securities Act 2009 (Cth) (“PPSA”).

    3. To the maximum extent permitted by law, the Subcontractor:

       1. acknowledges and agrees that if the Builder considers that any transaction with the Subcontractor gives rise or will give rise to a Security Interest, including in relation to any unfixed or off-site materials, then the Subcontractor must take such steps (including signing documents, providing information and giving consents) as are required by the Builder for the purposes of enabling the Builder to:

          1. register the Security Interest on the Register or otherwise perfect the Security Interest; and

          2. achieve the highest ranking security position the Builder considers necessary or desirable under the PPSA;

       2. must not register, and must use its best endeavours to ensure that neither it, nor any third party, registers a Security Interest on the Register or takes any steps to enforce or exercise rights in connection with a Security Interest if and to the extent that such action would adversely impact the Builder’s security position referred to in clause 20.3(a) or the Builder’s rights under the Subcontract;

       3. must promptly notify the Builder in writing should it become aware of any registration or step of the nature contemplated by clause 20.3(b) and do anything that is required by the Builder for the purposes of overcoming any adverse impacts;

       4. acknowledges and agrees that, by entering into the Subcontract, the Subcontractor grants the Builder a Security Interest in any Security and in any item of unfixed plant and materials for which the Subcontractor seeks any payment by the Builder;

       5. warrants and must ensure that upon payment by the Builder, all equipment and materials supplied by it are free from any Security Interest and all other claims and encumbrances whatsoever which may affect the Builder’s rights in and title to such equipment and materials;

       6. waives its rights under section 157 of the PPSA to receive notice of any verification statement given to the Builder by the Registrar; and

       7. in accordance with section 115 of the PPSA, agrees that sections 95, 120, 121(4), 125, 132(3) (d), 135, 142 and 143 of the PPSA do not apply to the enforcement of Security Interests by the Builder.

21. DISPUTES

    1. Notwithstanding the existence of a dispute, the Subcontractor shall continue to perform its obligations under the Subcontract and comply with the Builder’s directions. Nothing herein shall prejudice the right of either party to seek injunctive or urgent declaratory relief in respect of any matter arising under the Subcontract.

    2. A party claiming that a dispute has arisen under the Subcontract shall, within 7 days of the dispute arising, give written notice of dispute to the other party providing particulars of the dispute and nominating a person with authority to settle the dispute and the other party shall promptly give notice in writing to the first party of its representative with the authority to settle the dispute. Or by mutual agreement, dispute resolution may be escalated via the Builders internal Contract Governance Committee prior to external intervention.

    3. The authorised persons shall, within 14 days of the giving of the notice of the dispute, confer at least twice and in good faith and without prejudice to seek to resolve the dispute.

    4. If the dispute is not resolved within 28 days of the notice of dispute, and if it relates to second class claimable variations, then either party must within a further 7 days, by giving written notice to the other refer the dispute to expert determination. Any other dispute may be litigated.

    5. Expert determination is to be conducted by a suitably qualified, independent expert agreed by the parties or, failing agreement within 7 days, by an expert appointed by the Resolution Institute. The expert determination shall be conducted in accordance with the Resolution Institute Expert Determination Rules (as amended from time to time).

22. DEFAULT, SUSPENSION AND TERMINATION

    1. The Subcontractor is in default of the Subcontract if:

       1. it fails to comply with any of its obligations under or is in breach of the Subcontract;

       2. being an individual, commits an act of bankruptcy, has a bankruptcy petition presented against them or is made bankrupt; or

       3. being a company, is placed under official management, has a receiver, liquidator or administrator appointed to it or has a winding up order made in respect of it.

    2. If the Subcontractor remains in default of the Subcontract 7 days after the Builder has given it a written notice requiring the default to be remedied then, without prejudice to any other rights or remedies under the Subcontract or at law, the Builder may:

       1. itself or by others remedy the default, and the costs of remediation shall be a debt due and payable by the Subcontractor to the Builder; and/or

       2. take the whole or any part of the Works out of the control of the Subcontractor and complete or engage others to complete the works at the expense of the Subcontractor, which expense shall be a debt due by the Subcontractor to the Builder. The Builder may apply the whole or any part of any monies which may be or become due to the Subcontractor herein in or towards repayment of such debt.

       3. by giving a further final written notice, suspend or terminate the Subcontract.

    3. If the Works are suspended under this clause 22, then the Subcontractor must recommence the Works as soon as reasonably practicable following direction by the Builder to do so, and the Subcontractor shall not be entitled to make any claim against the Builder for losses, damages or costs arising out of or in connection with such suspension.

    4. In addition to and without prejudice to any of its other rights and entitlements under the Subcontract, the Builder may at any time, by notice in writing to the Subcontractor, suspend the Works (or any part of the Works) and/or terminate the Subcontract or Work Order.

    5. The Subcontractor must not otherwise suspend the Works unless permitted under any Legislative Requirements.

    6. The Builder maintains their right to suspend works for site access, latent safety hazards or delays from strata committee or client approval.

    7. If the Subcontract or Work Order is terminated:

       1. then the Subcontractor shall:

          1. cease the execution of the Works within the time stipulated by the Builder;

          2. demobilise and ensure that the Site is left in a safe condition and that the Works are properly secured;

          3. hand over to the Builder all documentation and information in its possession or control relating to the Works; and

          4. otherwise mitigate the cost to the Subcontractor of such termination;

       2. and such termination is made pursuant to clause 22.4 only, subject to the Subcontractor’s compliance with clause 22.7(a), to the extent possible at law, the Builder’s liability to the Subcontractor, whether in contract, tort, negligence, under statute or otherwise will be limited solely to the total of:

          1. the unpaid value of the Works completed in accordance with the Subcontract prior to termination (to be determined by mutual agreement of the Builder and the Subcontractor, including on a cost to complete basis, and excluding any margin for profit or overheads), less amounts previously paid to the Subcontractor in respect of such work (including an allowance for any set offs that the Builder is entitled to under the Subcontract); and

          2. the cost of materials properly ordered and intended for incorporation in the Works as at the date of termination for which the Subcontractor has paid or is legally bound to pay, provided that title in the materials and title to them will pass to the Builder upon payment by the Builder, up to a maximum amount of the balance of the Work Order Sum (as it is adjusted pursuant to the Subcontract) unpaid at the date of termination and other amounts payable pursuant to the Subcontract at the date of termination.

          3. The Subcontractor acknowledges and agrees that the amounts to which it is entitled under clause 22.7(b) shall be in full and final satisfaction and compensation to the Subcontractor in relation to the termination of the Subcontract under clause 22.4, and the Subcontractor shall have no other entitlement as a consequence of the termination of the Subcontract under clause 22.4 or in relation to the carrying out of the work under the Subcontract to the date of termination.

    8. The Builder is in default of the Subcontract if fails to pay the Subcontractor the Work Order value in accordance with the Subcontract or is placed under official management, has a receiver, liquidator or administrator appointed to it or has a winding up order made in respect of it.

    9. If the Builder remains in default of the Subcontract 7 days after the Subcontractor has given it a written notice requiring the default to be remedied then, without prejudice to any other rights or remedies under the Subcontract or at law, the Subcontractor may:

       1. by giving a further written notice, suspend the Subcontract; and

       2. by giving a further final written notice no earlier than 7 business days after its notice of suspension, terminate the Subcontract.

23. ENTIRE AGREEMENT

    1. This Subcontract in conjunction with the Work Order comprises the entire understanding and agreement between the Subcontractor and the Builder as to the subject matter and all previous agreements, negotiations, warranties, understandings or representations, express or implied, in relation to that subject matter are superseded by and have no effect, and no party shall be liable to the other party in respect of same.

    2. The Subcontractor acknowledges that in entering into the Subcontract, it has not relied upon any representation or undertaking given by or on behalf of the Builder which is not expressly set out in the Subcontract or Work Order.

    3. None of the terms of the Subcontract shall be varied, amended, waived, discharged or released (including, without limitation, by an action, omission, conduct or representation) except by further written agreement between the parties.

24. ADMINISTRATION

    1. The Subcontractor must not assign, sub-let or subcontract the Subcontractor or the Works without the Builder’s prior written consent. Any approval to assign, sub-let or subcontract will not discharge or relieve the Subcontractor from any liability or obligation arising out of or in connection with the Subcontract and does not create or impose any obligation or liability on the Builder, and the Subcontractor is liable to the Builder for the acts and omissions of any of its subcontractors, employees and agents of those subcontractors as if they were acts or omissions of the Subcontractor.

25. COPYRIGHT & INTELLECTUAL PROPERTY RIGHTS

    1. The copyright in the Plans and Specifications, and any designs or drawings supplied by the Builder to the Subcontractor or its subcontractors remains with the Builder.

    2. All intellectual property rights in all designs and other information specifically provided or prepared by or on behalf of the Subcontractor for the Project shall vest in the Builder and the Subcontractor shall have a licence only to use those designs and other information for the purpose of carrying out its obligations under the Subcontract and Work Order.

26. GENERAL

    1. In the interpretation of the Subcontract and Work Order, no rule of construction applies to the disadvantage of the party preparing the document on the basis that it prepared the documents forming part of the Subcontract or any part of it.

    2. If a provision in the Subcontract or Work Order is held to be illegal, invalid, voidable or unenforceable, that provision that shall be read down to the extent necessary to ensure that it is not illegal, invalid, void, voidable or unenforceable. If it is not possible to read down a provision, as required by this clause 26.2, that provision is severable without affecting the validity and enforceability of the remaining parts of that or other provisions in the Subcontract.

    3. All its obligations, all warranties, representations and indemnities given by the Subcontractor and rights of the Builder, arising out of or in connection with the Subcontract and Work Order capable of surviving termination or expiration of the Subcontract, shall survive the termination or expiration of the Subcontract, each constitute separate and independent obligations from its other obligations under the Subcontract and are given with the intent that liability is not confined to breaches discovered prior to the date of the Subcontract.

    4. Except as otherwise set out in the Subcontract, the Builder may give or withhold an approval or consent to be given under the Subcontract in its absolute discretion and subject to any conditions determined by the Builder and the Builder is not obliged to give its reasons for giving or withholding consent, or for giving a consent subject to conditions. The Builder will not unreasonably withhold consent for any reasonable request.

    5. Each party shall exercise all such powers as are available to it, do all such acts, matters and things and sign, execute and deliver all such documents and instruments as may be necessary or reasonably required to give full force and effect to the provisions of the Subcontract.

    6. No waiver or partial waiver will vitiate the remainder of the Subcontract which will continue to apply, nor will it prevent the exercise of any other provision or part of this document or any other right arising under it. None of the terms of the Subcontract shall be varied, amended, waived, discharged or released except as agreed in writing.

    7. Nothing in this Agreement shall be construed to entitle the Builder or Subcontractor to any rights or liabilities whatsoever of partnership or employer/employee relationship.

    8. Both parties acknowledge that the subcontractor is a contractor of the Builder and that neither the Subcontractor nor its employees are employees or agents of the Builder.

    9. The Subcontractor’s registered name is provided for reference only. In the event of any inconsistency between the registered name and the ABN, the ABN shall prevail and be the determining factor in identifying the Subcontractor as the contracting party.

27. DIRECTOR’S PERSONAL GUARANTEE (OF DEPOSITS)

    1. Where the instance the subcontractor claims and the Builder agrees to pay the Subcontractor any deposit in respect of the Works under this Subcontract or any Work Order, the person signing this Subcontract on behalf of the Subcontractor in their capacity as a director, proprietor or authorised representative of the Subcontractor (the “Guarantor”):

       1. Personally Guarantees to the Builder the prompt repayment of the deposit (or any balance thereof) if

          1. the Subcontractor defaults in the performance of its obligations under this Subcontract or any Work Order; or

          2. the Subcontractor becomes bankrupt, insolvent, is placed into liquidation, administration, receivership, or any analogous process under applicable law.

I, the undersigned, being the director/proprietor or authorised representative of the Subcontractor, hereby:

1. Declare that all information provided in this Subcontractor Registration Form is true and correct.
   

2. Acknowledge and agree that I have read and fully accept all terms and conditions of the Period Subcontract Agreement.

3. Personally guarantee the performance of the Subcontractor’s obligations under the Agreement, including but not limited to the Director’s Personal Guarantee of Deposits clause, and agree to be personally bound by those obligations.

Version 1.4 14/01/2026