Construction Contracts Act 2002 (NZ)

Act, published by New Zealand Parliament, version as at 5 October 2023. New Zealand.

20 obligations, clause by clause.

20 obligations transcribed from the Act, each held with its clause, the window it sets and what missing it costs.

Where it is written	The obligation	Window	If missed	Disease
s 18D, 18E, 18FB, 18DA	Hold retention money in a complying trust accountheld in the retention position register	none set	an offence	Lapsed compliance
s 18C(3)(c), 18DA(3)	Notify use of retention for a defect within 10 working daysheld in the contract notice register	10 working days	the claim is barred	Disputes
s 18E(4)-(6), 18EA	Maintain a ledger of the retention trust accountheld in the retention position register	none set	no penalty stated	Disputes
s 18FC	Give the retention trust account records to whoever the Act namesheld in the retention position register	none set	an offence	Lapsed compliance
Sch 1 cl 1	Determine which retention regime applies to the contract	none set	no penalty stated	Disputes
s 18I, 18G	Release retention on the terms the Act setsheld in the retention position register	none set	no penalty stated	Disputes
s 18FD	Report the retention money held every 3 monthsheld in the retention position register	3 months	an offence	Lapsed compliance
s 18B(2)-(6), 18C	Keep the retention trust account in the status the Act requiresheld in the retention position register	none set	no penalty stated	Disputes
s 36(1), 37(1), 37A, 46(1)(b)	Respond to an adjudication claim within 5 working daysheld in the contract notice register	5 working days	the claim is barred	Disputes
s 28; Regs r 5	Give the adjudication notice the Act requiresheld in the contract notice register	none set	no penalty stated	Disputes
s 33(2), 35(1)	Agree on an adjudicator within 5 working days of the adjudication noticeheld in the contract notice register	5 working days	no penalty stated	Disputes
s 20(1), 17(2)	Make a progress claim on the cadence the contract allowsheld in the progress claim register	1 month	no penalty stated	Disputes
s 20(2)	Make every claim a valid payment claim: identify the work and state the amountheld in the progress claim register	none set	no penalty stated	Disputes
s 20(3)-(4); Regs r 4, Sch 1 Form 1	Attach the prescribed Form 1 notice to every payment claimheld in the progress claim register	none set	a breach of contract	Disputes
s 46(2)	Issue the adjudicator's determination within 20 working daysheld in the contract notice register	20 working days	a breach of contract	Disputes
s 18	Be paid within 20 working days where the contract is silentheld in the progress claim register	20 working days	you are liable for the full amount	Disputes
s 23, 24	Recover the amount owed if payment is not made by the due dateheld in the progress claim register	none set	you are liable for the full amount	Disputes
s 21	Make a payment schedule that identifies the claim and the scheduled amountheld in the payment schedule register	none set	the claim is barred	Disputes
s 22	Receive a payment schedule within 20 working days of each claim, or the full amount becomes payableheld in the payment schedule register	20 working days	you are liable for the full amount	Disputes
s 24A	Give 5 working days notice before suspending work for non-paymentheld in the contract notice register	5 working days	no penalty stated	Disputes

What this page is, and is not.

It is the clause text this library holds for this document, with the window and the consequence. It is not legal advice, and it is not a substitute for reading the document you signed.

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Common questions

What does Construction Contracts Act 2002 (NZ) s 18D, 18E, 18FB, 18DA require?

Hold retention money in a complying trust account. Missing it: an offence. The clause sets no day count. Demiton watches it against the retention position register.

What does Construction Contracts Act 2002 (NZ) s 18C(3)(c), 18DA(3) require?

Notify use of retention for a defect within 10 working days. Missing it: the claim is barred. The window is 10 working days. Demiton watches it against the contract notice register.

What does Construction Contracts Act 2002 (NZ) s 18E(4)-(6), 18EA require?

Maintain a ledger of the retention trust account. Missing it: no penalty stated. The clause sets no day count. Demiton watches it against the retention position register.

What does Construction Contracts Act 2002 (NZ) s 18FC require?

Give the retention trust account records to whoever the Act names. Missing it: an offence. The clause sets no day count. Demiton watches it against the retention position register.

What does Construction Contracts Act 2002 (NZ) Sch 1 cl 1 require?

Determine which retention regime applies to the contract. Missing it: no penalty stated. The clause sets no day count.

Does Demiton hold every obligation in Construction Contracts Act 2002 (NZ)?