The Construction Contracts Act 2002 sets out the process for dealing with payments and disputes under a construction contract. It covers both commercial and residential construction contracts.

The Construction Contracts Amendment Act 2015 amends the Construction Contracts Act 2002 (the Act) as follows:

  • from 1 December 2015, residential and commercial construction contracts are treated the same under the Act, and adjudication and enforcement processes are improved
  • from 1 September 2016, design, engineering and quantity surveying work is included in the Act
  • from 31 March 2017 retention money withheld under commercial construction contracts must be held on trust

If you entered into a construction contract on or after 1 December 2015, you will now need to include a notice (Form 1) with any payment claims you make.

To view Form 1, click on the link below:

Form 1 - Information that must accompany all payment claims

Contracts covered by the Act

If you have entered into a contract for construction work, your contract is covered by the Act.

Construction work includes work on:

  • buildings and other structures that form part of land, including temporary structures
  • fittings in the building, such as heating, lighting and fire protection
  • infrastructure that forms part of land, such as roads, utilities and land drainage

Construction work includes constructing or installing, altering, maintaining and removing the building, fittings or infrastructure. It includes work integral to the construction work, such as excavation, scaffolding and prefabricating components.

Further information about the changes can be found in the link below:

www.building.govt.nz