These Terms & Conditions (“Agreement”) govern the provision of construction services by ATH Projects (“Contractor”) to the client (“Client”) for both residential and commercial building projects in New South Wales (NSW). By entering into a contract with ATH Projects, the Client agrees to be bound by these terms.
ATH Projects is committed to delivering quality work in compliance with all applicable laws, including the Home Building Act 1989 (NSW) and relevant industry standards. These terms provide transparency regarding the scope of work, pricing, warranties, and other essential contractual matters.
The scope of work will be clearly defined in each contract and may include new home construction, renovations, additions, commercial fit-outs, or trade services.
ATH Projects offers a variety of contract types tailored to the nature and size of the project, including:
All contracts must be in writing, specifying the parties’ names, contractor licence number, detailed work description, start and expected completion dates, and agreed price or hourly rates. Each contract becomes legally binding once signed by both parties.
The contract will clearly state pricing arrangements, which may be fixed or based on hourly rates. Fixed price contracts may allow for variations to accommodate unforeseen circumstances, changes in scope, or market-driven cost increases.
All variations must be documented in writing via a Variation Document or formal Deed of Variation, signed by both parties, before the additional work proceeds. This protects both the Client and Contractor by ensuring mutual agreement on changes.
In cost plus contracts, the Client agrees to pay all actual costs incurred by ATH Projects in connection with the project, plus an agreed margin or fee. Progress payment schedules, milestones, and due dates will be outlined in the contract to facilitate smooth cash flow management.
Late payments may attract interest or result in suspension of work until payments are brought up to date, as specified in the contract.
While ATH Projects will use reasonable efforts to complete work by the agreed completion date, circumstances beyond its control, such as weather events, material shortages, or delays caused by third parties, may result in a requirement for extensions.
Clients will be notified promptly of any expected delays. Claims for extensions of time must be submitted in writing within specified timeframes. Failure to submit a timely claim may affect the Contractor’s entitlement to an extension.
To enable efficient progress of the works, the Client agrees to provide timely access to the site, secure any necessary permits or approvals not provided by the Contractor, and cooperate reasonably with ATH Projects throughout the project.
If the Client causes delays or additional costs, such as withholding site access or changing the scope without following variation procedures, ATH Projects reserves the right to adjust timeframes and pricing accordingly.
ATH Projects warrants that all work performed will be carried out with due care, skill, and professionalism, meeting all applicable laws, regulations, and industry standards.
Statutory warranties under the Home Building Act 1989 apply automatically to residential building work undertaken by licensed contractors. These warranties include coverage for workmanship defects and non-compliance with building codes.
Additional warranty periods and coverage for minor defects will be detailed in the contract. Clients are encouraged to report defects promptly to enable timely repairs.
Clients may inspect the work during construction, subject to reasonable notice and agreed inspection windows to avoid disruption. Regular inspections promote transparency and enable early identification of issues.
Upon completion, ATH Projects will issue a Notice of Practical Completion, marking the official handover and starting the defect liability period. Final payments and warranties are contingent upon practical completion.
ATH Projects holds all necessary insurance policies, including Home Building Compensation Fund (HBCF) insurance as mandated for relevant residential contracts, public liability, and workers’ compensation insurance.
Liability for damages or losses arising from the work is limited in accordance with the contract terms and statutory provisions. ATH Projects is not liable for indirect, incidental, or consequential damages except where prohibited by law.
Any failure by either party to comply with contractual obligations constitutes a breach. The contract will specify remedies available for breaches, which may include compensation, rectification of defects, or termination rights.
Early termination by the Client or Contractor may incur financial penalties, including payment of outstanding amounts or a percentage of the contract price, unless otherwise agreed (for example, through an opt-out clause).
In the event of disputes, parties agree to attempt negotiation or mediation prior to pursuing legal action.
All intellectual property rights in plans, designs, and documentation provided by ATH Projects remain the property of ATH Projects unless otherwise agreed.
Clients may use such materials solely for the intended project and may not reproduce, distribute, or use them for other purposes without written permission.
ATH Projects reserves the right to revise these Terms & Conditions periodically. Updated versions will be published and apply to new contracts entered into after the date of publication.
Clients will be notified of significant changes and advised to review updated terms to ensure ongoing compliance.
This Agreement is governed by the laws of New South Wales, Australia. Any disputes arising under or in connection with this Agreement will be subject to the jurisdiction of the NSW courts.
By entering into a contract with ATH Projects, the Client acknowledges they have read, understood, and agreed to these Terms & Conditions.
Contact ATH Projects for further information or assistance regarding contract terms, variations, and project management.
