Aries Builders Ltd – Terms & Conditions

These Terms & Conditions must be read together with the relevant quotation, estimate, scope of work, project-specific payment schedule, variation, booking confirmation or other written project information issued by Aries Builders Ltd.

1. Acceptance of Terms

Acceptance of any quotation, estimate, scope of work, charge-up arrangement, booking confirmation or instruction to proceed constitutes acceptance of these Terms & Conditions.

Acceptance may be provided by:

signing a quotation or contract;
accepting electronically;
email approval;
text message approval;
verbal instruction;
payment of a deposit;
allowing work to commence;
conduct that reasonably indicates approval for Aries Builders Ltd to proceed.

These Terms & Conditions apply to all work carried out by Aries Builders Ltd unless otherwise agreed in writing.

Where New Zealand law requires a signed written contract, including certain residential building work valued at $30,000 or more including GST, the required written contract documentation must also be completed.

2. Payment Terms

2.1 General Payment Terms

Unless a different payment arrangement is expressly stated in the quotation, contract, invoice or Project Payment Schedule, all invoices are due for payment within seven calendar days from the invoice date.

Payment must be made by electronic bank transfer to the bank account stated on the invoice, or by another payment method agreed to by Aries Builders Ltd.

Payment is treated as having been made only when cleared funds have been received by Aries Builders Ltd.

An electronic receipt, remittance acknowledgement or updated account statement may be provided as confirmation of payment.

Aries Builders Ltd does not act as a financier or bank for projects. Clients must ensure they have sufficient funds available to meet the agreed payment obligations before instructing Aries Builders Ltd to commence work.

2.2 Deposits and Advance Payments

Aries Builders Ltd may require a deposit or advance payment before:

reserving labour or subcontractors;
confirming a proposed commencement date;
commencing work;
ordering materials;
obtaining custom-made or non-returnable products;
engaging specialist contractors;
hiring equipment;
committing to freight, delivery or supplier costs.

The amount and due date of the deposit will be stated in the quotation, contract, invoice or Project Payment Schedule.

Unless otherwise stated, deposits will be credited against the amount owing for the project.

Failure to pay a required deposit by its due date may result in the proposed commencement date being postponed. The project may then be rescheduled according to labour, subcontractor, equipment and material availability.

2.3 Projects Under $30,000

Unless otherwise agreed in writing, projects valued at less than $30,000 may be invoiced:

in full upon completion;
progressively as the work advances;
weekly or fortnightly;
when an identifiable stage of work is completed;
when substantial materials or equipment are ordered;
when subcontractor or specialist costs are incurred.

All invoices are payable within seven calendar days from the invoice date unless another due date is stated.

2.4 Residential Building Work of $30,000 or More

For residential building work valued at $30,000 or more including GST, the quotation, contract and supporting documentation will identify the applicable payment arrangements.

Where relevant, the Project Payment Schedule will state:

the contract price or how the price will be calculated;
any required deposit;
the number of progress payments;
the amount or percentage of each payment;
how each payment is calculated;
the work, stage or payment period covered by each payment;
when an invoice or Payment Claim may be issued;
when each payment becomes due;
how payments must be made;
how payments will be acknowledged or receipted.

Where the exact calendar date of a construction stage cannot reasonably be known before work begins, the payment will become claimable when the identified stage or milestone has been reached.

The Project Payment Schedule may be adjusted where the scope, contract price, programme or sequencing of the work changes because of an approved variation or another matter allowed for under the contract.

2.5 Project-Specific Payment Schedule

Where a Project Payment Schedule is attached to a quotation or contract, it forms part of the agreement between Aries Builders Ltd and the client.

A payment stage does not need to represent complete completion of the entire project. A progress payment may include:

completed work;
partially completed work;
materials supplied to the site;
materials ordered or stored for the project;
supplier commitments;
subcontractor work or charges;
equipment hire;
freight and delivery costs;
project management;
approved variations;
applicable margins;
GST.

Previous payments will be credited when calculating the remaining balance.

The client may not postpone payment merely because other parts of the project remain incomplete, provided the amount claimed relates to work performed, materials supplied or ordered, or project costs properly incurred.

2.6 Charge-Up and Cost-Plus Payments

For charge-up, cost-plus, maintenance, investigation, emergency, renovation or open-ended work, Aries Builders Ltd may issue invoices or Payment Claims:

weekly;
fortnightly;
progressively;
when reasonable stages of work are completed;
when substantial project costs are incurred;
upon completion.

Each invoice may include the actual costs incurred during the relevant period, including:

labour;
travel;
material collection;
materials and consumables;
subcontractors;
equipment hire;
freight and delivery;
waste removal;
project management;
administration directly related to the project;
approved variations;
applicable margins;
GST.

2.7 Variations and Additional Work

The cost of variations and additional work may be:

added to the next progress payment;
invoiced separately;
included in the final invoice or Payment Claim;
required to be paid before the varied work begins where significant materials, specialist products, equipment or subcontractors must be committed.

A variation may alter:

the contract price;
payment amounts;
the Project Payment Schedule;
the construction programme;
the expected completion date.

3. Payment Claims and Payment Schedules

3.1 Payment Claims Under the Construction Contracts Act 2002

An invoice issued by Aries Builders Ltd may be identified as a Payment Claim under the Construction Contracts Act 2002.

A Payment Claim will contain the information required under the Construction Contracts Act 2002, including:

sufficient details to identify the relevant construction contract;
details identifying the construction work and payment period;
the amount claimed;
the due date for payment;
an explanation of how the claimed amount was calculated;
a statement that the claim is made under the Construction Contracts Act 2002.

Where required, the Payment Claim will be accompanied by the prescribed Form 1 information explaining how the payer may respond and the consequences of failing to respond or pay.

3.2 Client’s Statutory Payment Schedule

A statutory Payment Schedule is the client’s written response to a Payment Claim where the client disputes all or part of the amount claimed.

The client agrees that any statutory Payment Schedule responding to a Payment Claim issued by Aries Builders Ltd must be received by Aries Builders Ltd within five working days after the Payment Claim is served.

The five-working-day period is the payment schedule response period agreed under the construction contract.

The Payment Schedule must:

be in writing;
clearly identify the Payment Claim to which it relates;
state the amount the client proposes to pay, including where that amount is zero;
explain how the proposed amount was calculated;
explain each reason why the proposed amount differs from the amount claimed;
clearly explain the reasons for withholding any amount.

General statements such as “the invoice is disputed”, “the work is incomplete” or “payment is being withheld” may not provide sufficient information to explain how the scheduled amount was calculated or why payment is being withheld.

3.3 Due Date for Payment Claims

Unless another due date is expressly stated in the quotation, contract or Project Payment Schedule, the due date for a Payment Claim will be seven calendar days after it is issued.

Where the agreed Payment Schedule response period would expire after that date because of statutory non-working days, the due date will be the first working day after the Payment Schedule response period expires.

3.4 Failure to Provide a Payment Schedule

Where the client does not provide a valid Payment Schedule within the agreed five-working-day period, the client may become liable to pay the full amount stated in the Payment Claim on the due date.

Aries Builders Ltd may recover an unpaid claimed amount or scheduled amount as a debt and may exercise any other rights available under:

the Construction Contracts Act 2002;
these Terms & Conditions;
the relevant quotation or contract;
other applicable New Zealand law.

3.5 Disputed and Undisputed Amounts

A dispute concerning one part of an invoice, Payment Claim or project does not entitle the client to withhold:

the undisputed portion;
payment for completed work;
payment for materials supplied or reasonably ordered;
subcontractor charges;
approved variations;
equipment hire;
other properly incurred project costs.

Any undisputed or scheduled amount must be paid by the applicable due date.

3.6 Retentions

No retention money may be withheld unless a retention arrangement has been expressly agreed in writing.

Where retention money is agreed, it must be administered in accordance with the Construction Contracts Act 2002 and any other applicable legal requirements.

4. Charge-Up and Cost-Plus Work

Where work is undertaken on a charge-up, maintenance, investigative, emergency repair, open-ended or cost-plus basis, the client acknowledges and agrees to the following conditions.

A charge-up or cost-plus arrangement means the client is charged for the actual labour, materials, subcontractors, project management, travel and related costs incurred during the work, plus the applicable builder’s margin and GST.

This type of arrangement may be used for:

maintenance and repair work;
leak investigations;
water damage and insurance repairs;
demolition and exploratory work;
emergency mitigation;
renovations;
renovations involving older homes;
work involving hidden damage;
projects where unknown conditions may exist;
work where the full extent of repairs cannot reasonably be determined before commencement.

4.1 Labour Charges

Chargeable labour may include:

on-site labour;
travel time;
material collection;
organising and coordinating subcontractors;
project management;
administration directly related to the project;
health and safety compliance;
waste removal and disposal;
sourcing materials and specialist products;
investigative and exploratory work;
meetings, reporting and documentation required for the project.

Labour is charged based on the actual time reasonably spent carrying out or administering the work.

4.2 Materials, Equipment and Subcontractors

Materials, equipment hire, subcontractors, disposal costs, consumables, freight and supplier-related charges will be invoiced at cost plus the applicable builder’s margin unless otherwise agreed in writing.

Material pricing may change because of:

supplier price increases;
availability issues;
freight costs;
shortages;
discontinued products;
required product substitutions;
changes to quantities;
changes to the scope of work.

5. Variations, Hidden Damage and Additional Work

The client acknowledges that renovation, repair, maintenance and investigative work may uncover defects or additional work that was not visible or reasonably identifiable when the project was inspected, priced or commenced.

This may include:

water damage;
rotten framing;
rotten cladding;
structural movement;
unsafe building practices;
non-compliant work;
asbestos or other hazardous-material risks;
electrical defects;
plumbing defects;
concealed deterioration;
insufficient structural support;
damaged membranes or flashings;
work previously concealed by linings, flooring, roofing or cladding.

Where additional work is required, Aries Builders Ltd may provide a variation, updated estimate or further quotation.

Where reasonably necessary to make the property safe, prevent further damage, maintain temporary weather protection, or address an immediate health and safety risk, Aries Builders Ltd may carry out urgent protective or mitigation work.

Where practical, the client will be informed before substantial additional work is undertaken.

Additional work, labour, materials, subcontractors and equipment will be chargeable.

Approval may be provided through:

signed written approval;
email;
text message;
messaging application;
verbal instruction;
an on-site discussion;
conduct that reasonably indicates approval to proceed.

For residential building work where variations are required to be recorded in writing, Aries Builders Ltd and the client will use reasonable efforts to document the variation before the varied work proceeds.

Urgent work may need to proceed before complete written variation documentation can be prepared.

6. Estimates and Budget Allowances

Any estimate, allowance, indication or projected cost provided by Aries Builders Ltd is an estimate only and is not a fixed-price quotation unless it is expressly described as fixed price in writing.

The final cost may increase or decrease depending on:

hidden or unforeseen conditions;
actual labour time;
material quantities;
client changes;
supplier pricing;
subcontractor requirements;
product substitutions;
freight and delivery costs;
weather conditions;
council or regulatory requirements;
access restrictions;
delays outside Aries Builders Ltd’s control;
variations or additional work.

An estimate is provided to assist with budgeting but does not guarantee the final cost.

7. Interest, Debt Recovery and Legal Costs

Overdue accounts may incur:

interest;
administration charges;
debt collection costs;
solicitor fees;
court costs;
adjudication costs;
other reasonable recovery expenses.

Any applicable interest rate will be stated in the quotation, contract, invoice or Payment Claim.

The client agrees to pay all reasonable costs incurred by Aries Builders Ltd in recovering overdue amounts, to the extent permitted by law.

8. Suspension or Cancellation of Work

Aries Builders Ltd may suspend, delay or cancel work where:

invoices remain unpaid;
deposits or progress payments are overdue;
a claimed amount or scheduled amount is not paid by its due date;
site access is restricted;
unsafe conditions exist;
the client causes unreasonable delays;
required client decisions or selections are not provided;
materials or products are not provided on time;
the client breaches the quotation, contract or these Terms & Conditions.

Where the Construction Contracts Act 2002 requires notice before work is suspended, Aries Builders Ltd will provide the required notice.

A suspension or cancellation may result in:

delay to the project;
loss of the previously proposed booking;
demobilisation;
protection of incomplete work;
storage costs;
cancellation or restocking charges;
remobilisation costs;
rescheduling of subcontractors;
a revised completion date.

Any revised commencement or completion date will depend on the availability of labour, subcontractors, equipment and materials.

Reasonable costs arising from suspension, demobilisation, protection, storage and remobilisation may be charged where legally recoverable.

9. Client-Supplied Materials and Products

Where the client supplies materials, fixtures, fittings, appliances or products, Aries Builders Ltd accepts no responsibility for:

defects in the supplied products;
incorrect quantities;
incorrect measurements;
supplier delays;
freight delays;
compatibility issues;
missing components;
product failures;
damage existing before delivery to Aries Builders Ltd;
warranty limitations associated with the product;
delays resulting from replacement or correction.

The client is responsible for ensuring that client-supplied products are:

suitable for their intended purpose;
compliant with applicable requirements;
available when required;
complete and undamaged;
supported by appropriate installation information.

Any labour, travel, storage, subcontractor or administration required to address problems arising from client-supplied products will be chargeable.

10. Site Access, Occupation and Storage

The client is responsible for providing safe, clear and reasonable access to the property during the project.

The client must advise Aries Builders Ltd of known hazards, access restrictions, alarm requirements, pets, occupants, tenants, neighbour restrictions and any other matter that may affect the work.

Delays or additional costs may arise from:

restricted access;
occupied work areas;
vehicles blocking access;
pets;
unsafe conditions;
insufficient working space;
storage limitations;
neighbour restrictions;
tenant or occupant restrictions;
client delays;
unavailable materials;
third-party contractors;
concealed services;
failure to provide keys, access codes or approvals.

Reasonable additional costs caused by these matters may be charged to the client where they are not caused by Aries Builders Ltd.

11. Delays Outside Aries Builders Ltd’s Control

Aries Builders Ltd will not be responsible for a delay, disruption, additional expense or failure to meet an estimated completion date where the delay arises from circumstances outside Aries Builders Ltd’s reasonable control.

Such circumstances may include:

adverse or unsafe weather;
rain, wind, storms or extreme temperatures;
material, product or equipment shortages;
supplier, manufacturer, freight or delivery delays;
discontinued products;
subcontractor or specialist contractor availability;
council, utility provider or regulatory processing;
inspection or approval delays;
hidden, unforeseen or unsafe building conditions;
variations or additional work;
delayed client selections or instructions;
delays caused by the client, occupants, tenants, neighbours or third parties;
restricted site access;
health and safety requirements;
emergencies;
natural events;
events that could not reasonably have been anticipated or avoided.

Where such a delay occurs, Aries Builders Ltd will be entitled to a reasonable extension of time and may reschedule the work according to labour, subcontractor, equipment and material availability.

Estimated commencement and completion dates are indicative only. They are not guaranteed deadlines unless expressly agreed in writing.

To the maximum extent permitted by law, Aries Builders Ltd will not be liable for:

loss of rent;
loss of income;
loss of profit;
business interruption;
temporary accommodation;
finance or interest costs;
storage costs incurred by the client;
penalties;
liquidated damages;
third-party charges;
indirect or consequential loss resulting from such a delay.

Reasonable additional costs caused by a delay may be charged where the delay was not caused by Aries Builders Ltd.

These costs may include:

protecting incomplete work;
temporary weather protection;
additional equipment hire;
storage;
freight;
remobilisation;
repeat site visits;
rescheduling subcontractors;
cancellation or restocking charges.

Nothing in this section removes any mandatory obligation applying to Aries Builders Ltd under New Zealand law.

12. Photography, Video and Project Documentation

Aries Builders Ltd may photograph, video, record and document work before, during and after construction for:

project records;
quality control;
insurance purposes;
supplier or subcontractor coordination;
technical advice;
health and safety records;
dispute resolution;
evidence of existing conditions;
evidence of completed work.

Images may be shared with employees, subcontractors, suppliers, consultants, insurers, assessors or professional advisers where reasonably required for the project.

Photographs or videos used publicly for marketing purposes will, where reasonably practical, exclude personal information and identifying details unless the client has agreed to their use.

13. Limitation of Liability

To the maximum extent permitted by law:

Aries Builders Ltd will not be liable for indirect, consequential or incidental losses;
Aries Builders Ltd is not responsible for pre-existing defects;
Aries Builders Ltd is not responsible for hidden or unforeseen conditions outside the contracted work;
Aries Builders Ltd is not responsible for failures in existing building elements outside the contracted work;
Aries Builders Ltd is not responsible for damage caused by other trades, contractors, suppliers, occupants or client actions;
Aries Builders Ltd liability will be limited to the loss directly resulting from work for which Aries Builders Ltd is legally responsible.

Where legally permitted, Aries Builders Ltd’s total liability will not exceed the value of the relevant work carried out by Aries Builders Ltd.

The client acknowledges that renovation and repair work on existing buildings carries inherent risks arising from:

concealed construction methods;
ageing materials;
previous repairs;
unknown site conditions;
inaccessible building components;
existing non-compliant work.

Nothing in these Terms & Conditions excludes or limits rights that cannot legally be excluded or limited under the Building Act 2004, Consumer Guarantees Act 1993, Fair Trading Act 1986 or any other applicable New Zealand law.

14. Ownership of Materials

Ownership of materials supplied by Aries Builders Ltd remains with Aries Builders Ltd until full payment has been received.

Risk in installed or delivered materials may pass to the client before ownership passes where permitted by law.

Aries Builders Ltd reserves the right to recover unpaid and removable materials where legally permitted and where removal can be carried out safely and lawfully.

15. Communication, Instructions and Notices

The client acknowledges that project communication and approvals may occur:

verbally;
during an on-site discussion;
by telephone;
by email;
by text message;
through a messaging application;
through project management software;
by another electronic communication method.

Aries Builders Ltd may reasonably rely on communications from the client or from a person who appears to have the client’s authority as instructions or approval to proceed.

The client must advise Aries Builders Ltd in writing where a person is not authorised to provide instructions or approve work.

Formal notices relating to non-payment, suspension, cancellation, disputes or other legal rights may be delivered personally, by post, by email or by another legally permitted method.

16. Workmanship, Warranties and Defects

Aries Builders Ltd will carry out its work with reasonable care and skill and will address workmanship defects directly related to work carried out by Aries Builders Ltd.

The client must notify Aries Builders Ltd of an alleged defect as soon as reasonably possible and provide reasonable access for inspection and, where Aries Builders Ltd is responsible, rectification.

Aries Builders Ltd must be given a reasonable opportunity to inspect and remedy work before the client engages another contractor to carry out remedial work, except where urgent action is reasonably required to prevent immediate danger or further serious damage.

Workmanship obligations do not include problems caused by:

normal building movement;
fair wear and tear;
lack of maintenance;
product failure outside Aries Builders Ltd’s reasonable control;
client-supplied materials;
damage caused by third parties;
misuse;
unrelated building defects;
pre-existing conditions;
water ingress from areas outside the contracted work;
extreme weather or events beyond human control;
a failure to carry out reasonable maintenance or prompt repairs;
a failure to follow reasonable maintenance or care instructions.

This section is subject to all mandatory statutory warranties and defect obligations applying to residential building work.

17. Disputes

Both parties agree to attempt to resolve disputes reasonably and in good faith before commencing legal proceedings.

The parties should first:

Clearly identify the issue in writing.
Provide relevant photographs, invoices, reports or other supporting information.
Allow the other party a reasonable opportunity to inspect and respond.
Meet or communicate in good faith to attempt to reach a resolution.

Where the dispute cannot be resolved directly, either party may use an available dispute-resolution process, including:

negotiation;
mediation;
adjudication under the Construction Contracts Act 2002;
the Disputes Tribunal where applicable;
arbitration where agreed;
court proceedings.

The existence of a dispute does not remove the client’s obligation to pay:

completed work;
supplied or reasonably ordered materials;
subcontractor costs;
scheduled amounts;
undisputed portions of invoices or Payment Claims.

18. Amendments to These Terms

The Terms & Conditions applying to a project will be those accepted when the quotation, contract or instruction to proceed was accepted.

Aries Builders Ltd may update its standard Terms & Conditions for future work.

An update made after a project has been accepted will not automatically change the existing agreement.

Changes to an existing project must be agreed or otherwise authorised in accordance with the applicable quotation, contract, variation provisions and New Zealand law.

19. Governing Law

These Terms & Conditions are governed by and interpreted in accordance with the laws of New Zealand.

Any dispute or proceeding will fall within the jurisdiction of the New Zealand courts or another applicable New Zealand dispute-resolution body.

Residential Building Work

20. Residential Building Work – Consumer Protection Requirements

Residential building work carried out by Aries Builders Ltd is subject to the applicable consumer protection requirements contained in the Building Act 2004 and associated regulations.

For residential building work valued at $30,000 or more including GST, Aries Builders Ltd and the client must enter into a written contract containing the legally required information.

Before entering into the contract, Aries Builders Ltd will provide the prescribed disclosure information and consumer checklist where required.

The quotation, scope, Project Payment Schedule, these Terms & Conditions and other identified supporting documents may together form the written contract.

21. Building Act Implied Warranties

Applicable residential building work is subject to the implied warranties contained in the Building Act 2004.

These warranties apply automatically, whether or not they are specifically written into the quotation or contract.

Where applicable, Aries Builders Ltd warrants that the residential building work will:

be carried out properly and competently;
be carried out with reasonable care and skill;
be completed in accordance with the plans and specifications forming part of the contract;
comply with applicable building consents, the Building Code and other legal requirements;
use suitable materials that are fit for their intended purpose;
use new materials unless otherwise agreed;
be completed within the agreed timeframe or, where no timeframe is stated, within a reasonable time;
result in a household unit suitable for occupation on completion where that requirement applies.

The statutory implied warranties may be enforceable for up to ten years from completion of the applicable residential building work.

22. Twelve-Month Defect Repair Period

A statutory twelve-month defect repair period applies to residential building work from the date the work is complete.

The client must notify Aries Builders Ltd in writing of any alleged defect identified during this period.

Where required by the Building Act 2004, Aries Builders Ltd will arrange to inspect and remedy defective work within a reasonable period.

Where a defect is disputed during the twelve-month period, Aries Builders Ltd may be required to establish that the issue was not caused by:

Aries Builders Ltd;
a subcontractor for whom Aries Builders Ltd is responsible;
a product supplied by Aries Builders Ltd.

The defect repair obligation does not make Aries Builders Ltd responsible where the issue was caused by:

accidental damage caused by others;
events beyond human control;
normal wear and tear;
a lack of maintenance;
a failure to undertake repairs promptly after an issue became apparent;
a failure to follow reasonable advice;
client-supplied materials;
misuse;
water ingress from an unrelated area;
failure of an existing building component outside the contracted work.

After the twelve-month defect period, applicable Building Act implied warranties may continue to apply. The legal responsibility for proving the existence and cause of an alleged defect may change after the twelve-month period.

23. Manufacturer and Product Warranties

Materials, products, appliances, membranes, fixtures and fittings may carry separate manufacturer or supplier warranties.

These warranties are separate from the workmanship obligations of Aries Builders Ltd and are subject to the relevant manufacturer’s:

terms and conditions;
exclusions;
warranty periods;
maintenance requirements;
registration requirements;
servicing requirements;
claims procedures.

The client is responsible for complying with maintenance, registration and servicing requirements necessary to preserve product warranties.

On completion of applicable residential building work, Aries Builders Ltd will provide available information relating to:

current insurance policies held for the completed building work where required;
guarantees and warranties applying to materials or services;
warranty claim procedures;
transferability of warranties;
maintenance requirements affecting durability or warranty coverage.

Commercial and Non-Residential Work

24. Commercial, Industrial and Non-Residential Work

Aries Builders Ltd also carries out:

commercial work;
industrial work;
maintenance;
insurance repairs;
body corporate work;
emergency work;
non-residential construction and repairs.

Unless otherwise required by law, the residential consumer protections and implied warranties applying specifically to household units may not apply to commercial or non-residential projects.

For commercial, industrial, maintenance, body corporate, emergency and other non-residential work:

these standard Terms & Conditions remain applicable;
workmanship warranties are limited to those expressly stated in writing and those required by law;
manufacturer and supplier warranties apply where relevant;
the client remains responsible for maintenance, servicing and ongoing care;
the Construction Contracts Act 2002 may apply.

Emergency Mitigation Work

25. Emergency Mitigation Measures

Aries Builders Ltd may carry out emergency mitigation work where immediate action is reasonably required to:

make a structure safe;
prevent additional property damage;
reduce an immediate hazard;
protect occupants or members of the public;
reduce further water ingress;
support damaged building elements;
begin urgent drying or water removal.

Emergency mitigation measures may include:

installing tarpaulins;
installing sandbags;
temporarily covering damaged windows or cladding with plywood;
providing temporary framing or structural supports;
removing dangerous debris;
removing broken glass;
removing unsafe or water-damaged building materials;
pumping or extracting water;
using wet vacuums;
installing dehumidifiers;
installing air movers;
removing linings or framing where reasonably necessary for safety or drying.

25.1 Temporary Nature of Emergency Work

Emergency mitigation is primarily intended to make the structure safe and prevent further immediate damage.

Emergency measures are temporary and may not provide the same appearance, durability, longevity or performance as permanent repair and reinstatement work.

Permanent repairs may require:

further investigation;
specialist advice;
engineering;
building consent;
product selection;
drying;
a separate scope;
a separate quotation or contract.

25.2 Emergency Workmanship and Guarantee Period

The appropriate guarantee or expected service period for emergency mitigation may differ from standard permanent repairs because of:

the urgent nature of the work;
temporary materials;
restricted access;
existing damage;
the need to act before complete investigation is possible.

Where reasonably practical, the expected temporary nature and limitations of emergency measures will be communicated to the client.

25.3 Incidental Damage During Emergency Work

Emergency mitigation may require intrusive action to obtain access, remove hazards, expose damaged materials or prevent further loss.

To the maximum extent permitted by law, Aries Builders Ltd will not be liable for unavoidable incidental damage reasonably caused while carrying out urgent emergency mitigation in response to the existing hazard.

This does not exclude liability that cannot legally be excluded.

25.4 Client Notification

The client must notify Aries Builders Ltd promptly of any concern relating to emergency mitigation work.

A failure to notify Aries Builders Ltd promptly may affect the ability to inspect, maintain or rectify the temporary measures before additional damage occurs.

25.5 Application of General Terms

The provisions in these Terms & Conditions relating to:

payment;
charge-up work;
variations;
exclusions;
delays;
limitations of liability;
disputes;
governing law;
recovery of costs;

also apply to emergency mitigation work.

By engaging Aries Builders Ltd to carry out emergency mitigation work, the client acknowledges the urgent and temporary nature of the work.

Project-Specific Payment Schedule

Schedule 1 – Payment Schedule for the Project

This schedule should be completed for each applicable project and attached to the quotation or contract.

Client:

Project address:

Quotation or contract number:

Contract price or pricing method:

Payment terms:

Payment 1 – Deposit

Purpose or stage:

Amount or percentage:

Invoice issued:

Payment due:

Payment 2 – Progress Payment

Purpose or stage:

Amount or percentage:

Invoice issued:

Payment due:

Payment 3 – Progress Payment

Purpose or stage:

Amount or percentage:

Invoice issued:

Payment due:

Payment 4 – Progress Payment

Purpose or stage:

Amount or percentage:

Invoice issued:

Payment due:

Payment 5 – Practical Completion

Purpose or stage:

Amount or percentage:

Invoice issued:

Payment due:

Final Payment

Purpose or stage:

Amount or calculation method:

Invoice issued:

Payment due:

Charge-Up or Cost-Plus Projects

Where the work is undertaken on a charge-up or cost-plus basis, the payment amount may be calculated as:

Actual labour, travel, materials, subcontractors, equipment, freight, waste disposal, project management, approved variations and other chargeable costs incurred during the relevant payment period, plus the applicable builder’s margin and GST.

Agreed invoicing frequency:

Weekly
Fortnightly
At agreed stages
On completion
Other:

Client acceptance:

Name:

Signature:

Date:

Aries Builders Ltd:

Name:

Signature:

Date:

Copyright Notice

All original content contained in these Terms & Conditions, including text, graphics, logos and images, is the property of Aries Builders Ltd and is protected by applicable copyright law.

Unauthorised reproduction or commercial use is prohibited without the written permission of Aries Builders Ltd.s.