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Authorised Nominating Authorities

Authorised Nominating Authorities ("ANAs") under the New South Wales Building and Construction Industry Security of Payment Act 1999 are organisations authorised by the NSW Minister for Better Regulation and Innovation to manage the adjudication process for payment disputes in the construction industry.

Their primary role is to receive adjudication applications from claimants seeking to resolve disputes over progress payments and to appoint qualified adjudicators to determine these disputes.

This system is designed to ensure a fast, efficient, and fair resolution process, supporting the Act's objective of securing timely payments for construction work or related goods and services.

ANAs operate under strict guidelines, including a Code of Practice introduced in 2020, which sets standards for their conduct, such as acting with honesty, transparency, and professionalism, while avoiding conflicts of interest.

They must refer applications to adjudicators promptly and can charge fees for their services, though these vary depending on the ANA.

Acts & Regulations

The construction industry in New South Wales operates under a piecemeal set of Acts and Regulations aimed at ensuring safety, quality, and accountability in building practices. The rest is often governed by 'common law', being judge-made law through precedent cases over many years.

Key laws establish critical standards for residential construction, licensing requirements, and a statutory duty of care to protect homeowners from economic loss due to defects.

Alongside these, regulations address specific aspects of certification, strata building bonds, and compliance, reflecting ongoing reforms to restore public confidence following high-profile construction failures.

This section lists some of the cornerstone legislation and regulatory measures shaping NSW construction law, providing a foundation for understanding the legal obligations of builders, developers, and practitioners.

As the industry evolves, recent amendments continue to refine these laws, expanding their scope and enforcement powers.

Below, you’ll find hyperlinks to the specific Acts and Regulations that define this dynamic legal landscape.

Standard Form Contracts

Standard form construction contracts play a pivotal role in the New South Wales construction industry, providing pre-drafted frameworks that streamline project agreements, allocate risks, and establish clear terms between parties.

These widely adopted contracts, such as those produced by Standards Australia (e.g., AS 4000 and AS 2124) and the Master Builders Association (MBA), offer consistency and predictability, reducing the need for bespoke drafting while addressing common issues like payment disputes, delays, and variations.

Tailored to suit different project sizes and complexities, these suites are crafted by industry bodies and legal experts to reflect best practices and comply with NSW construction law.

Various organizations contribute distinct suites, each with unique focuses and authorship. For instance, the Australian Institute of Architects (AIA) provides contracts like the ABIC suite, designed for architect-administered projects, while the Joint Contracts Committee (JCC) offers options suited to commercial developments.

Internationally recognized suites, such as FIDIC (International Federation of Consulting Engineers), are also adapted for use in NSW, particularly for large-scale infrastructure.

This section introduces these standard form contracts, highlighting their types and origins, with hyperlinks below to explore specific suites in detail.

Example Standard Form Contracts

Choose from one of the suites of contracts below by clicking on the heading for

the Store/main page ... OR ... choose an individual standard form contract

(the list below is not a complete list of contracts that may be available).

The Master Builders Association (MBA) contract suite comprises standard-form contracts tailored for the Australian construction industry.

Developed by Master Builders Australia, these agreements suit various project sizes, from residential to commercial builds.

Fair Trading NSW contracts are standard-form home building contracts provided by NSW Fair Trading, a government agency under the Department of Customer Service. Designed to protect consumers, they suit residential projects, with templates for work valued between $5,000-$20,000 and over $20,000.

Free to download, they aim to balance homeowner and builder interests, reducing disputes through clear, legally sound terms.

The Housing Industry Association (HIA) standard-form contracts are widely used in Australia’s residential construction sector.

Crafted by HIA, a key industry body, these contracts cater to builders, contractors, and homeowners, offering templates for projects like new homes, renovations, and trade work.

RESIDENTIAL

COMMERCIAL

  • Medium Works Commercial Contract - with an Architect or Superintendent

  • Medium Works Commercial Contract - without an Architect or Superintendent

TRADE CONTRACTS

Standards Australia contracts, like AS 4000 and AS 4902, are standard-form agreements widely used in Australian construction. AS 4000 suits lump-sum projects, while AS 4902 targets design-and-construct works.

Developed by Standards Australia, they endeavour to provide clarity, fairness, and legal compliance, covering payments, variations, and disputes. These contracts streamline commercial and infrastructure projects, balancing risks between parties and promoting industry consistency.

The Australian Building Industry Contracts (ABIC) are standard-form contracts jointly developed by Master Builders Australia and the Australian Institute of Architects.

Designed for projects where an architect administers the contract, ABIC provides a clear, structured framework for construction agreements.

Widely used in Australia, these contracts cater to various project types—residential, commercial, and housing—ranging from small-scale works to major developments.

FIDIC, the International Federation of Consulting Engineers, is a global organization founded in 1913, representing the consulting engineering industry. It develops standard contract forms widely used in construction and engineering projects, promoting best practices, fairness, and collaboration between stakeholders.

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