Standard progress payments
41HA Standard progress payments
(1) Standard progress payments, under a residential building contract, are as follows:
(a) no more than 10% of the total contracted price, payable after completion of the work to the base stage;
(b) no more than 20% of the total contracted price, payable after completion of the work to the frame stage;
(c) no more than 25% of the total contracted price, payable after completion of the work to the enclosed stage;
(d) no more than 30% of the total contracted price, payable after completion of the work to the fixing stage;
(e) no more than 7% of the total contracted price, payable after completion of the work to the practical completion stage;
(f) the remaining percentage of the total contracted price, payable to the prescribed building contractor after completion of the work to the final stage.
In subregulation (1):
base stage means:
(a) for a building with a timber floor with base brickwork – the stage when:
the concrete footings for the floor are poured; and
the base brickwork is built to floor level; and
the bearers and joists are installed; or
(b) for a building with a timber floor without base brickwork – the stage when:
the stumps, piers or columns are completed; and
the bearers and joists are installed; or
(c) for a building with a suspended concrete slab floor – the stage when:
the concrete footings are poured; and
(ii) the formwork and reinforcing for the suspended slab are installed; or
(d) for a building with a concrete floor other than a suspended concrete slab floor – the stage when the floor is completed.
enclosed stage means the stage when:
a building's external wall cladding is fixed; and
the building's roof covering is fixed, regardless of whether:
for a tile roof – pointings have been done; or
(ii) for a metal roof – scribing and final screwing off has been done; and
the building's structural floor is laid; and
the building's external doors are fixed:
regardless of whether they are fixed only temporarily; and
(ii) if a lockable door separating the garage from the rest of the building is fixed – regardless of whether or not the garage doors have been fixed; and
(e) the building's external windows are fixed, regardless of whether they are fixed only temporarily.
final stage means:
(a) for work that requires an occupancy permit – the stage when the permit has been granted for the work and a copy of the permit has been given to the contracting owner of the building; or
(b) for work that does not require an occupancy permit – the stage when the prescribed building contractor:
(i) has made all relevant declarations required under the Act in relation to the work and has given the contracting owner a copy; and
(ii) has given the contracting owner a copy of all relevant certificates and documents required under the Act in relation to the work.
fixing stage means the stage when all the building's internal lining, architraves, cornice, skirting, doors to rooms, baths, shower trays, wet area tiling, built-in shelves, built-in cabinets and built-in cupboards are fitted and fixed in position.
frame stage means the stage when a building's frame is completed.
practical completion stage means the stage when the building work has been completed, apart from minor omissions or minor defects.
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