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 | 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 | barred | Disputes |
| s 18E(4)-(6), 18EA | Maintain a ledger of the retention trust accountheld in the retention_position register | none set | guidance | Disputes |
| s 18FC | Give the retention trust account records to whoever the Act namesheld in the retention_position register | none set | offence | Lapsed compliance |
| Sch 1 cl 1 | Determine which retention regime applies to the contract | none set | guidance | Disputes |
| s 18I, 18G | Release retention on the terms the Act setsheld in the retention_position register | none set | guidance | Disputes |
| s 18FD | Report the retention money held every 3 monthsheld in the retention_position register | 3 months | 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 | guidance | 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 | barred | Disputes |
| s 28; Regs r 5 | Give the adjudication notice the Act requiresheld in the contract_notice register | none set | guidance | 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 | guidance | Disputes |
| s 20(1), 17(2) | Make a progress claim on the cadence the contract allowsheld in the progress_claim register | 1 month | guidance | 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 | guidance | 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 | breach | Disputes |
| s 46(2) | Issue the adjudicator's determination within 20 working daysheld in the contract_notice register | 20 working days | breach | Disputes |
| s 18 | Be paid within 20 working days where the contract is silentheld in the progress_claim register | 20 working days | full amount payable | Disputes |
| s 23, 24 | Recover the amount owed if payment is not made by the due dateheld in the progress_claim register | none set | full amount payable | Disputes |
| s 21 | Make a payment schedule that identifies the claim and the scheduled amountheld in the payment_schedule register | none set | 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 | full amount payable | Disputes |
| s 24A | Give 5 working days notice before suspending work for non-paymentheld in the contract_notice register | 5 working days | guidance | 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.
No library of law is complete, and Demiton never says this one is. An obligation the library does not hold, and you did not add, is not protected. You can add your own to any job.
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: 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: 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: guidance. 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: 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: guidance. The clause sets no day count.
Does Demiton hold every obligation in Construction Contracts Act 2002 (NZ)?
No library of law is complete, and Demiton never says this one is. An obligation the library does not hold, and you did not add, is not protected. You can add your own to any job.