1. Definitions
In these Terms:
Contractor means [Builder Name / Trading Name / Company Name].
Client means the person or entity requesting the Works.
Works means all labour, services, supervision, project management, materials, plant, equipment, delivery, attendance, inspection, preparation, temporary protection, rectification, and associated work supplied by the Contractor.
Site means the property or location where the Works are to be carried out.
Quote means the Contractor’s written quotation, estimate, scope, proposal, or pricing schedule.
Variation means any change to the scope, timing, method, sequence, materials, access, or price of the Works.
Practical Completion means the stage at which the Works are substantially complete for their intended purpose, excluding minor defects, omissions, touch-ups, or items reasonably requiring later completion.
Business Day means a day other than a Saturday, Sunday, or public holiday in New Zealand.
2. Application
These Terms apply to all Quotes, Works, and dealings between the Contractor and the Client unless expressly varied in writing by the Contractor.
If there is any inconsistency between these Terms and a Quote, the Quote prevails to the extent of the inconsistency.
The Client accepts these Terms by:
- signing the Quote or contract,
- instructing the Contractor to proceed,
- paying any deposit or invoice, or
- allowing the Contractor to commence the Works.
3. Quotes and Estimates
Any estimate is an estimate only and is not a fixed price.
Any Quote is valid for 30 days unless stated otherwise.
Unless expressly stated as fixed price, all pricing is subject to:
- confirmation of site conditions,
- access,
- hidden or latent defects,
- weather,
- regulatory requirements,
- availability and price changes of materials,
- subcontractor pricing changes, and
- matters outside the Contractor’s reasonable control.
If the Contractor discovers conditions materially different from what was reasonably apparent at the time of quoting, the Contractor may issue a Variation or revised Quote.
4. Scope of Works
The Works are limited to the scope expressly set out in the Quote.
Anything not expressly included is excluded.
The Contractor is not responsible for:
- work outside the stated scope,
- underlying defects not reasonably visible at time of quote,
- defects caused by prior poor workmanship,
- consequential damage from pre-existing defects,
- design defects not provided by the Contractor,
- specialist engineering, architectural, plumbing, electrical, drainage, or consent work unless expressly included.
Preparatory, temporary, investigative, staged, or partial works are not to be treated as final completed works unless the Contractor has stated Practical Completion has been reached.
5. Deposit and Progress Payments
The Contractor may require:
- a deposit before scheduling or ordering materials,
- progress payments during the Works,
- full payment for materials ordered specially for the Client,
- payment for completed stages before proceeding to later stages.
Invoices are payable on the due date stated on the invoice. If no due date is stated, payment is due immediately.
The Contractor may allocate payments first to overdue amounts, collection costs, interest, or older invoices.
Failure to issue an invoice for a stage immediately does not waive the Contractor’s right to invoice later.
6. Materials
Materials remain the property of the Contractor until fully paid for, to the extent permitted by law.
The Contractor may substitute comparable materials where:
- specified materials are unavailable,
- supply shortages arise,
- supplier delays occur,
- equivalent materials are reasonably necessary.
If the Client requests a specific product or method against the Contractor’s recommendation, the Contractor may record that instruction in writing and exclude responsibility for resulting issues to the extent permitted by law.
7. Site Access and Client Responsibilities
The Client must:
- provide safe, timely, and reasonable access to the Site,
- ensure the Site is ready for the Works,
- disclose known defects, leaks, hazards, prior repairs, and relevant history,
- provide access to power, water, toilets, parking, and storage if reasonably required,
- secure pets, valuables, and fragile items,
- obtain landlord, body corporate, neighbour, or owner approvals where required,
- ensure all decision-makers are available when needed.
If access is prevented, delayed, unsafe, or materially hindered, the Contractor may charge for wasted time, rescheduling, travel, and stand-down costs.
8. Weather, Delays, and Rescheduling
The Contractor may delay, suspend, resequence, or reschedule the Works due to:
- rain,
- wind,
- unsafe roof or height conditions,
- temperature limitations,
- moisture content,
- product curing requirements,
- site safety issues,
- unavailable materials,
- illness,
- subcontractor delay,
- other events beyond the Contractor’s reasonable control.
Timeframes are estimates unless expressly stated otherwise in writing.
The Contractor is not liable for delay caused by weather, supply issues, hidden conditions, third parties, authority delays, or other matters beyond reasonable control.
9. Variations
Any Variation requested by the Client, or required because of latent conditions, access issues, safety requirements, hidden damage, compliance issues, or unforeseen complexity, may result in a change in price and time.
The Contractor may issue a Variation verbally first if urgent, followed by written confirmation.
If the Client instructs extra work, permits the extra work to proceed, or fails to respond promptly where urgent action is reasonably required, the Client is liable for the Variation.
10. Latent Conditions and Existing Damage
The Contractor is not responsible for hidden, underlying, or pre-existing defects not reasonably identifiable before commencement.
This includes:
- concealed water damage,
- structural movement,
- rot,
- corrosion,
- non-compliant prior work,
- missing fixings,
- membrane failure,
- framing defects,
- cavity defects,
- drainage defects,
- mould,
- electrical or plumbing issues outside scope.
If such conditions are found, the Contractor may pause the Works and issue a Variation or revised scope.
11. Subcontractors and Specialists
The Contractor may engage subcontractors, specialists, suppliers, consultants, or licensed practitioners as reasonably required.
Where specialist sign-off, certification, consent, or regulated trade input is required, the Contractor may arrange it as a separate cost unless expressly included.
The Contractor does not represent that every person attending Site personally holds every possible licence, registration, or certification unless expressly stated.
12. Consents, Approvals, and Compliance
Unless expressly included, the Client is responsible for:
- building consents,
- resource consents,
- landlord approvals,
- body corporate approvals,
- engineering design,
- producer statements,
- inspections by authorities.
If compliance requirements change, or if the Works uncover compliance issues, the Contractor may suspend or vary the Works.
13. Communication and Instructions
The Contractor may rely on instructions from:
- the named Client,
- any person reasonably appearing authorised by the Client,
- any representative nominated by the Client.
The Client must promptly raise concerns in writing.
The Contractor is not responsible for confusion, delay, or dispute caused by:
- inconsistent instructions,
- multiple decision-makers,
- third-party interference,
- informal verbal changes not confirmed in writing.
If a dispute arises, the Contractor may require that all further communications be in writing.
14. Defects Notification
The Client must notify the Contractor in writing of any alleged defect, issue, or incomplete item as soon as reasonably possible.
The Client must provide the Contractor a reasonable opportunity to inspect and, where appropriate, remedy any defect before engaging others to investigate, alter, remove, or rectify the Works, except in a genuine emergency.
If another party alters the Works before the Contractor has a reasonable opportunity to inspect, the Contractor may decline responsibility for resulting uncertainty or further damage.
15. Staged Works and Temporary Protection
The Client acknowledges that many jobs are performed in stages.
Temporary weatherproofing, investigative work, partial overlays, surface preparation, priming, removals, reinstatements, and similar staging steps may not be watertight, finished, or aesthetically complete until later stages are performed.
The Client must not represent staged or incomplete work as the Contractor’s final completed work.
16. Suspension of Works
The Contractor may suspend the Works immediately if:
- any invoice is overdue,
- the Client refuses reasonable access,
- the Site becomes unsafe,
- the Client or others interfere with the method or sequence of work,
- abusive, threatening, defamatory, or obstructive conduct occurs,
- the Contractor reasonably believes continuation would increase risk, loss, or dispute,
- the Client fails to approve a required Variation,
- a regulator, insurer, engineer, or authority issue arises.
During suspension, the Contractor may charge:
- standing time,
- remobilisation,
- storage,
- rebooking,
- administration,
- protection costs.
17. Cancellation and Termination
The Contractor may terminate the contract or cancel any uncompleted portion of the Works by written notice if:
- the Client commits a serious breach,
- payment remains overdue,
- the Client prevents performance,
- the relationship has broken down to the point continuation is unreasonable,
- false or misleading allegations materially prejudice the Contractor’s ability to continue safely and commercially,
- the Client repudiates the contract.
If the Client cancels after acceptance, the Client must pay for:
- all work done to date,
- all materials ordered or supplied,
- all non-refundable commitments,
- restocking fees,
- subcontractor cancellation costs,
- reasonable administration and demobilisation costs.
Termination does not affect accrued rights.
18. Client Default
If the Client fails to pay on time, the Contractor may:
- stop work,
- withhold further attendance,
- refuse delivery,
- cancel further work,
- charge default interest at [X]% per annum calculated daily,
- recover debt collection and legal costs on a solicitor-client basis where recoverable.
19. Warranties and Consumer Rights
Nothing in these Terms excludes, restricts, or modifies any rights the Client may have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other law where those rights cannot legally be excluded.
If the Client acquires the Works for business purposes, and the law allows it, the parties agree that the Consumer Guarantees Act does not apply.
The Contractor’s liability for any claim relating to the Works is limited, to the extent permitted by law, to:
- remedying the defective work,
- re-performing the relevant services, or
- refunding the price of the affected portion of the Works,
at the Contractor’s option, except where the law requires otherwise.
20. Exclusions and Limitations
To the extent permitted by law, the Contractor is not liable for:
- indirect or consequential loss,
- loss of rent,
- loss of profit,
- loss caused by delay outside reasonable control,
- damage arising from pre-existing defects,
- deterioration from ongoing leaks or structural issues outside scope,
- failure of systems or substrates not supplied by the Contractor,
- cosmetic differences in patch repairs, touch-ups, weathering, matching, or aged materials.
Any claim must be made in writing within a reasonable time after discovery.
21. Insurance and Risk
Unless otherwise agreed, the Client is responsible for arranging insurance over the Site, structures, contents, and consequential loss.
The Contractor is not an insurer.
Risk in the Works passes progressively as work is completed, except to the extent loss is caused by the Contractor’s negligence.
22. Photos, Records, and Evidence
The Contractor may take photographs, videos, measurements, notes, and records of the Site, defects, conditions, and Works for:
- quoting,
- progress records,
- quality control,
- dispute resolution,
- debt recovery,
- legal compliance,
- training,
- portfolio use if approved or de-identified.
The Client consents to reasonable record-keeping for those purposes.
23. Public Statements and Reputation
If a concern arises, the Client must first notify the Contractor directly in writing and allow a reasonable opportunity to respond.
The Client must not knowingly publish false statements about the Contractor, its staff, or subcontractors.
Nothing in this clause prevents the Client from making a genuine complaint to a regulator, insurer, police, lawyer, or court, or from exercising any legal rights.
This clause is intended to encourage direct dispute resolution, not to restrict lawful complaints.
24. Dispute Resolution
If a dispute arises:
- the parties will first try to resolve it directly in good faith;
- if unresolved, either party may require the issues to be set out in writing;
- the parties may then attempt mediation before filing proceedings, unless urgent relief is required.
The Contractor may continue, suspend, or terminate performance in accordance with these Terms while a dispute is being addressed.
25. Privacy
The Client authorises the Contractor to collect, use, and retain personal information for:
- quoting,
- contract administration,
- invoicing,
- debt recovery,
- warranty and service follow-up,
- legal compliance.
26. Force Majeure
The Contractor is not liable for failure or delay caused by events beyond reasonable control, including weather events, flood, fire, earthquake, supply chain failure, transport disruption, labour shortage, illness, government action, or emergency conditions.
27. General
No waiver is effective unless in writing.
If any clause is unenforceable, the remaining clauses continue.
These Terms are governed by the laws of New Zealand.
The New Zealand courts have non-exclusive jurisdiction.