Four kinds of protection, what the research says each disease costs, and all 135 obligations
A job's obligations fail in four different shapes, so Demiton protects them four ways: a watch, a countdown, a check and a threshold. This week each one exists, all five diseases run a daily check, and the research behind them is sorted by whose money it measures. Two new public sources back it: research.demiton.io and the demitonapp/registers repository. Below that is every obligation in the library, all 135, with its clause and what missing it costs.
The latent condition was real. The rock was where the geotech said clay would be, and every day the excavator sat is in the diary. The contract said notify as soon as it was found. The notice went in a fortnight later, and the costs of those days were gone.
Nobody argued about the rock. The obligation failed on its shape: a window that opened on an event, and shut while everyone was dealing with the event. That is one of four shapes an obligation fails in, and this week Demiton has a protection for each of them.
Four kinds of protection
Each obligation in the library carries the kind of protection its shape needs. Here are the four, each traced on a real obligation from the library.
Each panel reads left to right: what starts it, what Demiton counts, what it reports
AS 4000 cl 34.2: claim an extension of time within 28 days of the delay starting.
delay startsDay 12
notice recordedDay 28
window shuts
The notice lands inside the window, so the watch reads met. No notice by day 28 and the claim is barred.
Taxation Administration Act 1953, Sch 1: lodge the taxable payments annual report by 28 August.
90 days29 Jul
30 days21 Aug
7 days28 Aug
due
A flag at each of the first three dots, each with the record the report needs attached. Steps are dated, not drawn to scale.
TMR Transport Infrastructure Contract cl 33.2.1: submit the daily report within one business day.
One day has no report by the next business day, so the check reads at risk now, not at the final account, when the delay claim needs that day.
Your own commitment: keep committed and actual cost on each cost code within budget plus the tolerance you set.
Dashed line: budget plus your 5% tolerance (105%)
Pavement crosses budget plus 5% and is flagged while there is still work left to price differently. Example cost codes.
Watch: a window that opens when something happens
AS 4000-1997 cl 34.2: claim an extension of time within 28 days of the delay starting, or the claim is barred. There is no date to put in a calendar until the delay happens. A watch opens the window on the event, counts it in Australian business days or New Zealand working days by where the job is, and reports how many days remain. When the notice is recorded, the window closes against it.
79 obligations in the library are watches, most of them notice windows. It is the protection behind missed claims and most of disputes, and the missed claims one closed end to end this week: "Notice lodged" on the alert writes the notice to your contract notice register, closes the window, and records the catch. That register had 17 declared fields and had never had a row written to it, so until this week the watches that depend on a notice could never be met.
Countdown: a fixed date that is coming
Taxation Administration Act 1953, Schedule 1: report payments to contractors in the taxable payments annual report by 28 August each year. The date is known a year out. A countdown flags it at 90, 30 and 7 days, with the record it needs attached.
7 obligations in the library are countdowns: final claims (91 days from practical completion under GC21 in the ACT, 20 business days under TMR's CAP010M), retention recovery within 12 months of the defects period ending in Queensland, and the TPAR. The same countdown already runs every day on each worker's licences and tickets and each subcontractor's certificate of currency, which is where lapsed compliance starts.
Check: evidence that must exist
Queensland's Transport Infrastructure Contract cl 33.2.1: submit the daily report within one business day. Nothing happens on the day it is missed. It matters eleven months later, when the delay claim needs the record for that day. A check looks, on the obligation's own cadence, for the record that should exist, and reports a gap now rather than at the final account.
45 obligations are checks: daily diaries and day-works dockets, monthly programme updates, valid payment claims, retention trust ledgers, underground services records kept for 24 months, and time and wage records kept for seven years under Fair Work Act s 535.
Threshold: a measure against a line
Committed and actual cost on each cost code, against its budget plus the tolerance you set when you switch it on. The tolerance defaults to 0% and is labelled as ours until you change it, because the line is your commitment, not a clause. A threshold tracks the measure every day and flags the crossing while there is still budget left to act on.
4 obligations are thresholds: the budget tolerance in Australia and New Zealand, and the earthworks compaction minimums in TMR MRTS04 Table 15.3(b) and Transport for NSW R44 Table R44.7. Demiton does not measure a compaction lot yet, so those two read Cannot check yet, grey, never red. A result we cannot measure is reported as unmeasured, not as a miss.
What runs today
All five diseases have a daily check scheduled in production and a registered action behind every alert:
| Disease | Daily check (UTC) | Protection |
|---|---|---|
| Lapsed compliance | 07:30 | Countdown on licences, tickets, certificates |
| Disputes | 07:35 | Check and watch on the evidence standards |
| Missed claims | 07:40 | Watch on each claim window |
| Rework | 07:45 | Threshold on repeat purchases |
| Cost drift | 07:50 | Threshold on cost against budget |
Live is derived, not typed: a disease is live only when its check is scheduled and its action is registered. Deriving it found a gap straight away. Four of the five actions armed their watch, fired their alert, and then failed at the first step with "service not found", because the list of actions and the list of services that run them had never been compared. A test compares them now.
The four kinds of protection are built as four general engines, so a new obligation of a known shape needs a library row rather than new code. Today the five daily checks above still decide what runs. The switch that hands that decision to the obligations you tick on each project flips once the last open rework decision is settled, and until then every project keeps the protection it has.
Live says the protection runs. It does not say one has prevented a loss. None has recorded a real catch in the Proof ledger yet.
What the research says each disease costs
A figure about a disease only means something once you know whose money it measures. The research sorts every finding into one of four kinds:
- Contractor loss: money the contractor never gets back.
- Money at stake: money exposed on the job, which may still be recovered.
- Owner side: the client's overrun, not the contractor's.
- Societal: the cost to everyone else, such as injury borne by the public system.
They are never added together. A 33% dispute is not a 33% loss, and an owner's overrun is not the contractor's. What makes the contractor-loss figures land is the line they are measured against: the planned gross margin on Australian civil and transport work is 9.89% (Love, Irani, Smith, Regan and Liu, 2017).
The contractor's own loss, as a share of contract value:
115 civil projects and 161 professionals; one contractor's own books record 0.38%
Final loss for the largest contractors on 28 completed projects
Accident cost; the only share-of-contract figure held, so not applied in Australia
Dashed line: planned margin, Australian civil and transport work (9.89%)
Money at stake on the job, on the same scale:
Sums in dispute across 2,200+ projects in 114 countries
Mean overrun from contract award, 16 projects
Client-approved change orders and contract variations
Direct rework, a framing figure, low confidence
Dashed line: planned margin (9.89%)
Disease by disease, the figures that matter most for an Australian job:
- Rework. About 10% of contract value in surveys of Australian civil projects, which is the whole planned margin. On 93% of projects the contractor bore it directly, losing about 23% of yearly profit. One contractor's own books recorded 0.38%, and the same study found rework is underreported by around 300% against site records. Most rework is never written down as rework.
- Missed claims. Change orders average 10.6% of contract value on Australian public infrastructure, and variations 9% in Queensland's audit. Every day that time is not claimed costs about AU$2,010 in time-related site overhead. In 246 Queensland adjudications, 37% of the amount claimed was dismissed for no jurisdiction: the claim failed on procedure, such as timing, before its merits were read. That is a watch's job.
- Disputes. Sums in dispute average 33.4% of contract value worldwide. In New Zealand adjudication the claimant's own costs run to 19.2% of the claim. In Queensland's 2019 taskforce the average unpaid subcontractor lost AU$288,000.
- Cost drift. The contractor's final loss on Australian megaprojects is 7%. The larger figures, 24% across 836 Australian transport projects (Grattan) and 20% on roads worldwide (Flyvbjerg), are the owner's overrun, and are never drawn against the contractor's margin.
- Lapsed compliance. An accident costs an Australian employer AU$97,408 on average, from a short absence to a fatality, and employers bear 19% of the total cost of work-related injury. There is no Australian figure as a share of contract value, so Protection says "not measured" for this disease in Australia rather than borrowing Singapore's.
Protection's Baseline tab now applies the nearest figure to each project's own place: a figure for its state beats one for its country, which beats a global one, and a figure from another country is never applied. Your own registers' measurement sits beside it and is never subtracted from it, because a research figure is not a measurement of your jobs.
The five-disease long read, what the five diseases cost a $5 million job, works these figures through a single job.
New: the research site and the registers repository
Two things went public this week, and neither needs an account.
research.demiton.io is where every figure above comes from. It shows no headline number. Each disease has its own page with the spread of published findings, by kind of money, drawn against the 9.89% planned margin, with the figures on hover. The Sources tab lists every study, report and audit behind them. You can filter it by jurisdiction, type and publisher, and it shows each source's contractor loss and money at stake side by side. Opening a source shows the record itself against its schema, then every finding taken from it. Obligations lists the library by place: every Australian state and territory and every New Zealand region, with zeros shown where we hold nothing, and each instrument linked to its published text.
The data behind the site is demitonapp/disease-economics, licensed CC BY 4.0. Each finding names its source, jurisdiction, confidence and kind of money. If you think a figure is wrong, open a pull request against it. A merge rebuilds the site, and the next release reaches Protection's Baseline tab.
github.com/demitonapp/registers publishes the format of every register Demiton reads and writes: what a project, a worker, a variation or a piece of plant looks like as data.
- 171 register contracts in
contracts/, one JSON Schema file each, each with a semantic version. - Every past version of each one in
history/, 482 of them, so you can see exactly what a field meant on a given date. - The four research registers behind disease-economics: what a published figure, its source and its publisher look like as data.
- A CI check that refuses a pull request whose version bump is smaller than its change. A removed field or a narrowed list is a major version, and cannot ship as a patch.
It is licensed CC BY 4.0, released as v1 on 26 September, and the register catalog in the docs is built from it. The product vendors its contracts from a pinned release, so what Demiton enforces is a version number you can look up. Next into it is the obligation library, open now as pull request #1.
The line between public and private is drawn in the repository's GOVERNANCE file. A register's shape is public. What your data looks like inside that shape is not, and never goes there.
Every obligation on your job
The protections above are only as good as the list of duties they watch. Until this week that list was 126 evidence standards for one disease. It is now an obligation library covering all five, and each project draws its obligations from seven sources:
| Source | In the library today |
|---|---|
| Law of the place | 69 |
| The contract | 51 |
| The principal (its specifications) | 12 |
| Your own commitments | 3 |
| Approvals for this site | 0 |
| Other counterparties (insurers, funders, landowners, utilities) | 0 |
| Workforce instruments (awards and agreements) | 0 |
Three sources are empty. They are in the list because they bind real jobs, and a list without them would claim a completeness it does not have.
The 135 obligations come from 34 instruments across Australia and New Zealand. What each one costs if missed:
| If missed | Obligations |
|---|---|
| The claim is barred | 25 |
| An offence | 18 |
| A breach of contract | 18 |
| The full amount becomes payable | 7 |
| The costs cannot be recovered | 6 |
| Damages only | 3 |
| Reduced for each day late | 2 |
| No penalty stated | 56 |
Adding a project on the Projects tab walks through it: where the job is, what kind of work, upload the contract, then the obligations that apply, each ticked on or off. The contract read keeps the stricter reading. On an amended AS 4000 whose general conditions give 28 days for an extension of time notice and whose special conditions cut it to 10 business days, Demiton keeps 10. Every value it reads carries a confidence, and anything under that field's threshold is put in front of you to confirm.
What the library does not hold is not protected. The obligations step says how many obligations the library holds for the place and warns when the number is thin. Tasmania and the Northern Territory have no instruments of their own yet. If yours is missing, add it privately, where it stays inside your organisation, or tell us. Once the library lands in demitonapp/registers, a public proposal becomes a pull request carrying the duty and its citation, never your organisation, project or contract text, and every one is reviewed before it merges.
Here is the whole library, by place. Every row is a citation you can read at source.
Australia, national: 10 obligations
| Duty | Instrument and clause | Protection | Disease | If missed |
|---|---|---|---|---|
| Claim an extension of time within 28 days of the delay starting | AS 2124-1992 General Conditions of Contract, cl 35.5 | Watch | Missed claims | Claim barred |
| Notify a latent condition as soon as it is found | AS 2124-1992 General Conditions of Contract, cl 12.2, 12.4 | Watch | Missed claims | Costs not recoverable |
| Give written notice of a claim within 28 days | AS 2124-1992 General Conditions of Contract, cl 46.1 | Watch | Missed claims | Claim barred |
| Claim an extension of time within 28 days of the delay starting | AS 4000-1997 General Conditions of Contract, cl 34.2, 34.3, 34.5 | Watch | Missed claims | Claim barred |
| Notify a latent condition as soon as it is found | AS 4000-1997 General Conditions of Contract, cl 25.2, 25.3 | Watch | Missed claims | Costs not recoverable |
| Claim a variation in writing within 28 days of the direction | AS 4000-1997 General Conditions of Contract, cl 41.1-41.3 | Watch | Missed claims | Damages only |
| Keep committed and actual cost on each cost code within its budget plus the tolerance you set | Job budget tolerance (the contractor's own commitment), section 6.1 | Threshold | Cost drift | No penalty stated |
| Keep time and wage records for every employee for 7 years | Fair Work Act 2009 (Cth), s 535 | Check | Lapsed compliance | Offence |
| Take dated, located photographs of the site | Society of Construction Law Delay and Disruption Protocol, App B 2.2-2.3 | Check | Missed claims | No penalty stated |
| Report payments made to building and construction contractors in the taxable payments annual report by 28 August each year | Taxation Administration Act 1953 (Cth), Schedule 1, Sch 1, s 396-55 (building and construction industry, table item) | Countdown | Lapsed compliance | Offence |
Australian Capital Territory: 4 obligations
| Duty | Instrument and clause | Protection | Disease | If missed |
|---|---|---|---|---|
| Lodge the final claim within 91 days of practical completion | NSW GC21 Edition 2 General Conditions of Contract, cll 33.3, 61, 67.1 (read in ACT v1.8) | Countdown | Disputes | Claim barred |
| Report RFIs and change events in the monthly report | NSW GC21 Edition 2 General Conditions of Contract, ACT v1.8 special conditions | Check | Missed claims | Breach of contract |
| Report RFIs and change events in the monthly report | NSW GC21 Edition 2 General Conditions of Contract, ACT v1.8 special conditions | Check | Missed claims | Breach of contract |
| Keep the underground services records for 24 months | Work Health and Safety Regulation 2011 (ACT), r 304(2), (6) | Check | Lapsed compliance | Offence |
New South Wales: 23 obligations
| Duty | Instrument and clause | Protection | Disease | If missed |
|---|---|---|---|---|
| Notify a delay within 7 days | NSW GC21 Edition 2 General Conditions of Contract, cl 50.1, 50.9 | Watch | Missed claims | Reduced per day late |
| Claim an extension of time within 28 days of the delay starting | NSW GC21 Edition 2 General Conditions of Contract, cl 50.3 | Watch | Missed claims | Reduced per day late |
| Update the programme within 1 months | NSW GC21 Edition 2 General Conditions of Contract, cl 22.3 | Check | Missed claims | Breach of contract |
| Notify a latent condition as soon as it is found | NSW GC21 Edition 2 General Conditions of Contract, cl 37.3, 37.8 | Watch | Missed claims | Costs not recoverable |
| Claim a variation in writing within 28 days of the direction | NSW GC21 Edition 2 General Conditions of Contract, cl 68.1-68.3 | Watch | Missed claims | Damages only |
| Record day works on the day they occur | NSW GC21 Edition 2 General Conditions of Contract, Schedule 8 | Check | Missed claims | No penalty stated |
| Notify an unordered variation within 7 days | NSW GC21 Edition 2 General Conditions of Contract, cl 48.7 | Watch | Missed claims | Claim barred |
| Confirm a verbal direction in writing within 3 business days | NSW GC21 Edition 2 General Conditions of Contract, cl 11.2 | Watch | Missed claims | No penalty stated |
| Apply for adjudication within 10 business days if a claim is disputed | Building and Construction Industry Security of Payment Act 1999 (NSW), s 17(3) | Watch | Disputes | No penalty stated |
| Respond to an adjudication application within 5 business days | Building and Construction Industry Security of Payment Act 1999 (NSW), s 20 | Watch | Disputes | No penalty stated |
| Make a progress claim on the cadence the contract allows | Building and Construction Industry Security of Payment Act 1999 (NSW), s 13 | Check | Disputes | No penalty stated |
| Make every claim a valid payment claim: identify the work and state the amount | Building and Construction Industry Security of Payment Act 1999 (NSW), s 13(2) | Check | Disputes | Claim barred |
| Be paid within 15 business days of a payment schedule (or of the claim if none is given) | Building and Construction Industry Security of Payment Act 1999 (NSW), s 11(1A) | Watch | Disputes | No penalty stated |
| Be paid within 20 business days of a payment schedule (or of the claim if none is given) | Building and Construction Industry Security of Payment Act 1999 (NSW), s 11(1B) | Watch | Disputes | No penalty stated |
| Give notice of intention to apply for adjudication within 20 business days | Building and Construction Industry Security of Payment Act 1999 (NSW), s 17(2) | Watch | Disputes | No penalty stated |
| Receive a payment schedule within 10 business days of each claim, or the full amount becomes payable | Building and Construction Industry Security of Payment Act 1999 (NSW), s 14(4) | Watch | Disputes | Full amount payable |
| Attach a supporting statement that subcontractors have been paid | Building and Construction Industry Security of Payment Act 1999 (NSW), s 13(7) | Check | Lapsed compliance | Offence |
| Maintain the retention trust ledger | Security of Payment Regulation 2020 (NSW), Security of Payment Regulation 2020 | Check | Lapsed compliance | Offence |
| Update the programme within 1 months | TfNSW G2-C2 General Requirements (TS 01566), cl 39.2 | Check | Missed claims | Breach of contract |
| Record wet weather days against the programme | TfNSW G2-C2 General Requirements (TS 01566), cl 43 | Watch | Missed claims | Damages only |
| Record day works on the day they occur | TfNSW G2-C2 General Requirements (TS 01566), cl 31 | Check | Missed claims | No penalty stated |
| Compact each earthworks lot so its characteristic relative compaction is not below Table R44.7 | Transport for NSW QA Specification R44 Earthworks, cl 7.2.3, 7.2.4, Table R44.7 | Threshold | Rework | Breach of contract |
| Keep the underground services records for 24 months | Work Health and Safety Regulation 2025 (NSW), s 304(2), (6) | Check | Lapsed compliance | Offence |
Queensland: 28 obligations
| Duty | Instrument and clause | Protection | Disease | If missed |
|---|---|---|---|---|
| Notify the retention trust account within 5 business days | Building Industry Fairness (Security of Payment) Act 2017 (Qld), ss 35, 40A, 40B | Watch | Lapsed compliance | Offence |
| Apply for adjudication within 30 business days if a claim is disputed | Building Industry Fairness (Security of Payment) Act 2017 (Qld), s 79(2)(b) | Watch | Disputes | No penalty stated |
| Respond to an adjudication application within 10 business days | Building Industry Fairness (Security of Payment) Act 2017 (Qld), ss 82-83 | Watch | Disputes | No penalty stated |
| Make a progress claim on the cadence the contract allows | Building Industry Fairness (Security of Payment) Act 2017 (Qld), ss 67, 75(4) | Check | Disputes | No penalty stated |
| Make every claim a valid payment claim: identify the work and state the amount | Building Industry Fairness (Security of Payment) Act 2017 (Qld), s 68(1) | Check | Disputes | Claim barred |
| Be paid within 10 business days of a payment schedule (or of the claim if none is given) | Building Industry Fairness (Security of Payment) Act 2017 (Qld), s 73(1)(b) | Watch | Disputes | No penalty stated |
| Give notice of intention to apply for adjudication within 30 business days | Building Industry Fairness (Security of Payment) Act 2017 (Qld), s 99 | Watch | Disputes | No penalty stated |
| Receive a payment schedule within 15 business days of each claim, or the full amount becomes payable | Building Industry Fairness (Security of Payment) Act 2017 (Qld), s 76(1), s 77 | Watch | Disputes | Full amount payable |
| Attach a supporting statement that subcontractors have been paid | Building Industry Fairness (Security of Payment) Act 2017 (Qld), s 75(6), (8) | Check | Lapsed compliance | Offence |
| Notify contamination within 20 business days | Environmental Protection Act 1994 (Qld), ss 320B-320DA | Watch | Lapsed compliance | Offence |
| Notify contamination within 24 hours | Environmental Protection Act 1994 (Qld), ss 320B-320DA | Watch | Lapsed compliance | Offence |
| Notify the end of the defects liability period within 10 business days | Queensland Building and Construction Commission Act 1991, s 67NC | Watch | Disputes | Breach of contract |
| Hold no more retention than the statutory cap | Queensland Building and Construction Commission Act 1991, ss 67K-67N | Check | Disputes | Claim barred |
| Recover retention within 12 months of the defects period ending | Queensland Building and Construction Commission Act 1991, ss 67NA, 67NB | Countdown | Disputes | Offence |
| Challenge a set-off from retention within 28 days | Queensland Building and Construction Commission Act 1991, s 67J(2) | Watch | Missed claims | Claim barred |
| Lodge the final claim within 20 business days of practical completion | TMR Contract Administration Procedure CAP010M, cll 5, 37, 42 (via CAP010M) | Countdown | Disputes | Claim barred |
| Compact each earthworks lot so its characteristic compaction is not below the Table 15.3(b) minimum for that material and location | TMR MRTS04 General Earthworks, cl 5.5.2, Table 15.3(b) | Threshold | Rework | Breach of contract |
| Hand over as-constructed records within 12 months of practical completion | TMR MRTS50 Specific Quality System Requirements, cll 11.2, 12.1 | Check | Rework | Claim barred |
| Notify a nonconformance within 1 working days | TMR MRTS50 Specific Quality System Requirements, cl 10.1.1 | Watch | Rework | Breach of contract |
| Submit the daily report within 1 business days | Queensland TMR Transport Infrastructure Contract, cl 33.2.1, 33.2.2 | Check | Missed claims | Breach of contract |
| Claim an extension of time within 20 business days of the delay starting | Queensland TMR Transport Infrastructure Contract, cl 35.5(c), (h), (l) | Watch | Missed claims | Claim barred |
| Notify a possible delay within 10 business days | Queensland TMR Transport Infrastructure Contract, cl 35.5(a) | Watch | Missed claims | Claim barred |
| Update the programme within 1 months | Queensland TMR Transport Infrastructure Contract, cl 33.4.9 | Check | Missed claims | Breach of contract |
| Notify a latent condition as soon as it is found | Queensland TMR Transport Infrastructure Contract, cl 12.2, 12.4 | Watch | Missed claims | Costs not recoverable |
| Record day works on the day they occur | Queensland TMR Transport Infrastructure Contract, cl 41(a) | Check | Missed claims | No penalty stated |
| Confirm a verbal direction in writing within 10 business days | Queensland TMR Transport Infrastructure Contract, cl 33.1(f), (g) | Watch | Missed claims | Claim barred |
| Give the prescribed notice for a variation claim within 20 business days | Queensland TMR Transport Infrastructure Contract, cl 46.1 | Watch | Missed claims | Costs not recoverable |
| Keep the underground services records for 24 months | Work Health and Safety Regulation 2011 (Qld), r 304(2), (6) | Check | Lapsed compliance | Offence |
South Australia: 1 obligations
| Duty | Instrument and clause | Protection | Disease | If missed |
|---|---|---|---|---|
| Keep the underground services records for 24 months | Work Health and Safety Regulations 2012 (SA), r 304(2), (6) | Check | Lapsed compliance | Offence |
Victoria: 8 obligations
| Duty | Instrument and clause | Protection | Disease | If missed |
|---|---|---|---|---|
| Notify contamination within the stated period | Environment Protection Act 2017 (Vic), s 40 | Watch | Lapsed compliance | Offence |
| Apply for adjudication within 10 business days if a claim is disputed | Building and Construction Industry Security of Payment Act 2002 (Vic), s 18(3) | Watch | Disputes | No penalty stated |
| Respond to an adjudication application within 5 business days | Building and Construction Industry Security of Payment Act 2002 (Vic), s 21 | Watch | Disputes | No penalty stated |
| Make a progress claim on the cadence the contract allows | Building and Construction Industry Security of Payment Act 2002 (Vic), s 14A, 14D | Check | Disputes | No penalty stated |
| Make every claim a valid payment claim: identify the work and state the amount | Building and Construction Industry Security of Payment Act 2002 (Vic), s 14(2) | Check | Disputes | Claim barred |
| Be paid within 10 business days of a payment schedule (or of the claim if none is given) | Building and Construction Industry Security of Payment Act 2002 (Vic), s 12 | Watch | Disputes | No penalty stated |
| Give notice of intention to apply for adjudication within 10 business days | Building and Construction Industry Security of Payment Act 2002 (Vic), s 18(2) | Watch | Disputes | No penalty stated |
| Receive a payment schedule within 10 business days of each claim, or the full amount becomes payable | Building and Construction Industry Security of Payment Act 2002 (Vic), s 15(4) | Watch | Disputes | Full amount payable |
Western Australia: 16 obligations
| Duty | Instrument and clause | Protection | Disease | If missed |
|---|---|---|---|---|
| Notify a latent condition as soon as it is found | Main Roads WA Major Works Book 2, Conditions of Contract, SCC 10 (replaces cl 12) | Watch | Missed claims | Costs not recoverable |
| Claim an extension of time within 14 days of the delay starting | Main Roads WA Minor Works General Conditions of Contract, GCC 9.6 | Watch | Missed claims | Claim barred |
| Update the programme within 1 months | Main Roads WA Minor Works General Conditions of Contract, GCC 17.2, 17.4 | Check | Missed claims | Breach of contract |
| Mark up and submit as-built redlines within 7 days | Main Roads WA Specification 201 Quality Management, cl 201.15 | Watch | Rework | Breach of contract |
| Report a nonconformance within 24 hours | Main Roads WA Specification 201 Quality Management, cl 201.10 | Watch | Rework | No penalty stated |
| Hand over quality records within 28 days | Main Roads WA Specification 201 Quality Management, cl 201.11 | Watch | Rework | Breach of contract |
| Notify recourse against security within 5 business days | Building and Construction Industry (Security of Payment) Act 2021 (WA), s 57 | Watch | Missed claims | Claim barred |
| Keep trust account records for 36 months | Building and Construction Industry (Security of Payment) Act 2021 (WA), s 79(5) | Check | Lapsed compliance | Offence |
| Apply for adjudication within 20 business days if a claim is disputed | Building and Construction Industry (Security of Payment) Act 2021 (WA), s 28(4) | Watch | Disputes | No penalty stated |
| Respond to an adjudication application within 10 business days | Building and Construction Industry (Security of Payment) Act 2021 (WA), s 34 | Watch | Disputes | No penalty stated |
| Make a progress claim on the cadence the contract allows | Building and Construction Industry (Security of Payment) Act 2021 (WA), s 23 | Check | Disputes | No penalty stated |
| Make every claim a valid payment claim: identify the work and state the amount | Building and Construction Industry (Security of Payment) Act 2021 (WA), s 24(1) | Check | Disputes | Claim barred |
| Be paid within 20 business days of a payment schedule (or of the claim if none is given) | Building and Construction Industry (Security of Payment) Act 2021 (WA), s 20(1) | Watch | Disputes | No penalty stated |
| Be paid within 25 business days of a payment schedule (or of the claim if none is given) | Building and Construction Industry (Security of Payment) Act 2021 (WA), s 20(1) | Watch | Disputes | No penalty stated |
| Give notice of intention to apply for adjudication within 20 business days | Building and Construction Industry (Security of Payment) Act 2021 (WA), s 28(2) | Watch | Disputes | No penalty stated |
| Receive a payment schedule within 15 business days of each claim, or the full amount becomes payable | Building and Construction Industry (Security of Payment) Act 2021 (WA), s 25(1), s 26 | Watch | Disputes | Full amount payable |
New Zealand, national: 44 obligations
| Duty | Instrument and clause | Protection | Disease | If missed |
|---|---|---|---|---|
| Hold retention money in a complying trust account | Construction Contracts Act 2002 (NZ), s 18D, 18E, 18FB, 18DA | Check | Lapsed compliance | Offence |
| Notify use of retention for a defect within 10 working days | Construction Contracts Act 2002 (NZ), s 18C(3)(c), 18DA(3) | Watch | Disputes | Claim barred |
| Maintain a ledger of the retention trust account | Construction Contracts Act 2002 (NZ), s 18E(4)-(6), 18EA | Check | Disputes | No penalty stated |
| Give the retention trust account records to whoever the Act names | Construction Contracts Act 2002 (NZ), s 18FC | Check | Lapsed compliance | Offence |
| Determine which retention regime applies to the contract | Construction Contracts Act 2002 (NZ), Sch 1 cl 1 | Check | Disputes | No penalty stated |
| Release retention on the terms the Act sets | Construction Contracts Act 2002 (NZ), s 18I, 18G | Check | Disputes | No penalty stated |
| Report the retention money held every 3 months | Construction Contracts Act 2002 (NZ), s 18FD | Check | Lapsed compliance | Offence |
| Keep the retention trust account in the status the Act requires | Construction Contracts Act 2002 (NZ), s 18B(2)-(6), 18C | Check | Disputes | No penalty stated |
| Respond to an adjudication claim within 5 working days | Construction Contracts Act 2002 (NZ), s 36(1), 37(1), 37A, 46(1)(b) | Watch | Disputes | Claim barred |
| Give the adjudication notice the Act requires | Construction Contracts Act 2002 (NZ), s 28; Regs r 5 | Watch | Disputes | No penalty stated |
| Agree on an adjudicator within 5 working days of the adjudication notice | Construction Contracts Act 2002 (NZ), s 33(2), 35(1) | Watch | Disputes | No penalty stated |
| Make a progress claim on the cadence the contract allows | Construction Contracts Act 2002 (NZ), s 20(1), 17(2) | Check | Disputes | No penalty stated |
| Make every claim a valid payment claim: identify the work and state the amount | Construction Contracts Act 2002 (NZ), s 20(2) | Check | Disputes | No penalty stated |
| Attach the prescribed Form 1 notice to every payment claim | Construction Contracts Act 2002 (NZ), s 20(3)-(4); Regs r 4, Sch 1 Form 1 | Check | Disputes | Breach of contract |
| Issue the adjudicator's determination within 20 working days | Construction Contracts Act 2002 (NZ), s 46(2) | Watch | Disputes | Breach of contract |
| Be paid within 20 working days where the contract is silent | Construction Contracts Act 2002 (NZ), s 18 | Watch | Disputes | Full amount payable |
| Recover the amount owed if payment is not made by the due date | Construction Contracts Act 2002 (NZ), s 23, 24 | Watch | Disputes | Full amount payable |
| Make a payment schedule that identifies the claim and the scheduled amount | Construction Contracts Act 2002 (NZ), s 21 | Check | Disputes | Claim barred |
| Receive a payment schedule within 20 working days of each claim, or the full amount becomes payable | Construction Contracts Act 2002 (NZ), s 22 | Watch | Disputes | Full amount payable |
| Give 5 working days notice before suspending work for non-payment | Construction Contracts Act 2002 (NZ), s 24A | Watch | Disputes | No penalty stated |
| Keep committed and actual cost on each cost code within its budget plus the tolerance you set | Job budget tolerance (the contractor's own commitment), section 6.1 | Threshold | Cost drift | No penalty stated |
| Provide the contractor's bond within 2 months | NZS 3910:2013 Conditions of Contract (2013/DZ public-comment redline), cl 3.1.2-3.1.7 | Watch | Disputes | Claim barred |
| Notify defects within the 3 months defects notification period | NZS 3910:2013 Conditions of Contract (2013/DZ public-comment redline), DZ cl 11.1, 11.2.1 | Check | Disputes | No penalty stated |
| Lodge the final payment claim within 1 months of the defects period ending | NZS 3910:2013 Conditions of Contract (2013/DZ public-comment redline), cl 12.4.1 | Countdown | Disputes | Claim barred |
| Issue the final payment schedule within 20 working days | NZS 3910:2013 Conditions of Contract (2013/DZ public-comment redline), cl 12.5 | Countdown | Disputes | No penalty stated |
| Make a progress claim on the cadence the contract states | NZS 3910:2013 Conditions of Contract (2013/DZ public-comment redline), cl 12.1.2, 12.2.1, 12.2.8 | Check | Disputes | Breach of contract |
| Release retention within 10 working days of practical completion (or the defects period ending) | NZS 3910:2013 Conditions of Contract (2013/DZ public-comment redline), cl 12.3.3; DZ 12.3.4, 12.3.7 | Watch | Disputes | Breach of contract |
| Decide an extension of time claim within 20 working days | NZS 3910:2013 Conditions of Contract (2013/DZ public-comment redline), cl 10.3.5 | Watch | Missed claims | No penalty stated |
| Give notice of an extension of time claim within 20 working days | NZS 3910:2013 Conditions of Contract (2013/DZ public-comment redline), cl 10.3.2 | Watch | Missed claims | No penalty stated |
| Submit the programme within 20 working days | NZS 3910:2013 Conditions of Contract (2013/DZ public-comment redline), cl 5.10.1-5.10.4 | Watch | Missed claims | Claim barred |
| Give full details of an unforeseen physical condition | NZS 3910:2013 Conditions of Contract (2013/DZ public-comment redline), cl 9.5.3 | Watch | Lapsed compliance | No penalty stated |
| Notify an unforeseen physical condition as soon as practicable | NZS 3910:2013 Conditions of Contract (2013/DZ public-comment redline), cl 9.5.2, 9.5.4 | Watch | Lapsed compliance | No penalty stated |
| Adverse weather is excluded from an extension of time claim | NZS 3910:2013 Conditions of Contract (2013/DZ public-comment redline), cl 9.5.1 | Check | Lapsed compliance | No penalty stated |
| Record day works on the day they occur | NZS 3910:2013 Conditions of Contract (2013/DZ public-comment redline), cl 9.4.3 | Check | Missed claims | No penalty stated |
| Notify a variation claim within 1 months of the instruction | NZS 3910:2013 Conditions of Contract (2013/DZ public-comment redline), cl 9.2.2 | Watch | Missed claims | No penalty stated |
| Notify any other matter affecting time or cost within 1 months | NZS 3910:2013 Conditions of Contract (2013/DZ public-comment redline), cl 9.2.3 | Watch | Missed claims | No penalty stated |
| Propose the value of a variation within 1 months of the instruction | NZS 3910:2013 Conditions of Contract (2013/DZ public-comment redline), cl 9.3.2 | Watch | Missed claims | No penalty stated |
| Respond to a variation notice within 1 months | NZS 3910:2013 Conditions of Contract (2013/DZ public-comment redline), cl 9.2.4 | Watch | Missed claims | No penalty stated |
| Submit the final account within 3 months of practical completion | NZS 3910:2023 Conditions of Contract (secondary summaries; DZ draft), cl 9.11 | Countdown | Disputes | Claim barred |
| Give an early warning of an event likely to affect time or cost | NZS 3910:2023 Conditions of Contract (secondary summaries; DZ draft), DZ cl 6.10 | Watch | Missed claims | No penalty stated |
| Give notice of an extension of time claim within 20 working days | NZS 3910:2023 Conditions of Contract (secondary summaries; DZ draft), cl 10.3.2 (2023); DZ 10.3.6(c) | Watch | Missed claims | No penalty stated |
| Notify a variation claim within 20 working days of the instruction | NZS 3910:2023 Conditions of Contract (secondary summaries; DZ draft), cl 9.2.2 | Watch | Missed claims | No penalty stated |
| Notify any other matter affecting time or cost within 20 working days | NZS 3910:2023 Conditions of Contract (secondary summaries; DZ draft), cl 9.2.3 | Watch | Missed claims | No penalty stated |
| Respond to a variation notice within 20 working days | NZS 3910:2023 Conditions of Contract (secondary summaries; DZ draft), cl 9.2.5 | Watch | Missed claims | No penalty stated |
Auckland: 1 obligations
| Duty | Instrument and clause | Protection | Disease | If missed |
|---|---|---|---|---|
| Report RFIs and change events in the monthly report | Auckland Transport NZS 3910:2013 Special Conditions, cl 5.23.8 | Watch | Missed claims | Breach of contract |
Also this week
- One price. Free covers your first AU$1M under watch. Baseline is AU$55,000 a year, flat to AU$100M under watch, with a margin bonus of 25% of cash recovered on the first AU$1M recovered in a year and 12.5% above it. It is charged on cash recovered only, signed off by you. Avoided cost is recorded and never billed. Insights is no longer sold.
- Onboarding starts with the contract. Where you operate is asked once, then a contract is uploaded, because every protection above keys on a window or a date the contract sets. Protection is now the home page.
- HammerTech, read-only, is the first writer for certificates of currency and the certification register, the two lapsed compliance registers nothing had filled.
What's next
Flip the switch, so the obligations you tick on each project decide exactly what runs. Then the thing this post has waited three weeks to report: the first protection that fires on a live job, catches something real, and is signed off with cash in the bank. When it happens, it goes here with the date.
If your contract form or your state has an obligation the 135 do not, tell us or open a pull request. The clause is public. Knowing which ones bite is not.
Frequently asked questions
- What are Demiton's four kinds of protection?
- A watch tracks a window that opens when something happens, such as 28 days to claim an extension of time after a delay starts. A countdown tracks a fixed date and flags it at 90, 30 and 7 days, such as a licence expiry or the taxable payments annual report due on 28 August. A check looks for evidence that must exist on a cadence, such as a daily report due within one business day. A threshold tracks a measure against a line it must not cross, such as committed cost on a cost code against its budget plus the tolerance you set.
- What does the research say the diseases cost?
- It depends on whose money is measured, and the figures are never added together. As a share of contract value, surveys of Australian civil projects put the contractor's own rework cost at about 10%, and the largest contractors' final loss on Australian megaprojects at 7%. The planned gross margin on Australian civil and transport work is 9.89%. Money at stake is larger: sums in dispute average 33.4% of contract value across 2,200 projects worldwide, and client-approved change orders on Australian public infrastructure average 10.6%. Every figure, with its source, is at research.demiton.io and in the public disease-economics repository.
- Which obligations does Demiton protect?
- 135 obligations from 34 instruments today: Australian and New Zealand contract conditions (AS 4000, AS 2124, GC21, TMR TIC, Main Roads WA, NZS 3910), security of payment and construction contracts legislation, environmental and work health and safety law, principal specifications, and commitments you set yourself. Every one carries its citation. An obligation the library does not hold, and you have not added, is not protected.
- Can I propose an obligation the library is missing?
- Yes. In the product you can add it privately, where it stays inside your organisation, and report it to us. The obligation library is moving into the public repository at github.com/demitonapp/registers, where anyone can propose an addition as a pull request. A public proposal carries the duty and its citation only, never your organisation, project or contract text, and is reviewed before it merges.
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