1. Independent Contractors
Where JAC Services engages, recommends, coordinates, or manages third-party contractors, such contractors shall remain independent legal entities responsible for their own workmanship, conduct, statutory compliance, and contractual obligations.
JAC Services shall exercise reasonable care in selecting and coordinating contractors and shall take all reasonable steps within its legal rights to hold such contractors accountable for the duration of their respective agreements.
2. NHBRC Registration and Statutory Warranties
Where applicable, the contractor or building entity registered with the National Home Builders Registration Council (NHBRC) shall bear sole responsibility for the enrolment of the project and the provision of all statutory warranties and guarantees required under applicable legislation.
JAC Services shall not assume responsibility for NHBRC registration, enrolment, or statutory warranty obligations unless expressly agreed to in writing.
3. Payment Obligations
The Client shall make payment for all work completed in accordance with the accepted quotation, approved variations, and agreed scope of work.
In the event of a dispute regarding any portion of the works, the Client shall not withhold payment of undisputed amounts. Any disputed amount shall be addressed in good faith between the parties and, where appropriate, adjusted, credited, or refunded once the matter has been resolved.
Failure to make payment when due may result in suspension of works, delays to project completion, and recovery proceedings where applicable.
2% on full quotation amount for administration fees and losses carried by JAC Services
3.1 Variations and Additional Works
Any work, materials, services, modifications, alterations, additions, or changes requested by the Client that fall outside the original accepted quotation or agreed scope of work shall constitute a variation.
Variations may be instructed verbally, in writing, by electronic communication, or by the Client’s conduct indicating approval to proceed.
Where reasonably possible, JAC Services shall provide the Client with an estimate or quotation for the variation before proceeding. However, where urgent action is required, where work has already commenced, or where the Client instructs JAC Services to proceed immediately, the Client shall remain liable for all reasonable costs associated with such variation.
All variations shall be charged in addition to the original contract value and shall be payable in accordance with the payment terms applicable to the project.
The Client acknowledges that variations may affect the project cost, completion date, material requirements, and construction programme. JAC Services shall not be liable for delays arising directly or indirectly from approved variations.
No variation shall be deemed included in the original quotation unless expressly confirmed in writing by JAC Services.
3.2 Site Conditions and Unforeseen Circumstances
All quotations are based on the information available at the time of inspection and pricing.
Should concealed defects, unforeseen site conditions, hidden services, structural issues, water damage, unsuitable foundations, non-compliant previous construction, underground obstructions, or any other circumstances beyond the reasonable knowledge of JAC Services be discovered during the course of the works, JAC Services reserves the right to revise the quotation and recover any additional labour, material, equipment, or subcontractor costs incurred as a result.
The Client shall be notified of such circumstances as soon as reasonably practical and no additional remedial work shall proceed without the Client’s approval, except where immediate action is required to prevent injury, property damage, or further deterioration.
4. Defects, Snag Items, and Final Retention
The Client shall provide JAC Services with a written snag list upon practical completion of the works.
A maximum retention of three percent (3%) of the contract value may be withheld by the Client pending rectification of agreed snag items or minor defects.
Such retention shall be released within seven (7) days of completion of the outstanding snag items.
This provision shall not apply to defects or issues arising from third-party alterations, misuse, lack of maintenance, or factors beyond the reasonable control of JAC Services.
5. Approvals, Permissions, and Compliance
The Client shall be solely responsible for obtaining all necessary approvals, permissions, consents, permits, architectural approvals, engineering approvals, municipal approvals, homeowners association approvals, body corporate approvals, NHBRC approvals, and any other statutory or regulatory requirements applicable to the project.
JAC Services shall not be liable for delays, penalties, fines, legal costs, enforcement actions, or losses resulting from the absence of such approvals unless expressly agreed otherwise in writing.
Should any authority require modifications, removal, reconstruction, or remedial work due to non-compliance with approvals or regulations, all associated costs shall be borne by the Client.
Any completed work, materials supplied, labour provided, or services rendered shall remain payable in full in accordance with the agreed payment terms.
6. Limitation of Liability
JAC Services shall exercise reasonable skill, care, and diligence in the performance of its services and in the selection and coordination of contractors where applicable.
To the fullest extent permitted by law, JAC Services shall not be liable for:
· Latent structural defects;
· Material failures;
· Defective workmanship performed by independent third-party contractors;
· Manufacturer defects;
· Delays caused by suppliers, contractors, regulatory authorities, weather conditions, or circumstances beyond its reasonable control.
Nothing in these terms shall exclude liability arising from fraud, gross negligence, or any liability which may not legally be excluded.
7. Dispute Resolution Assistance
In the event of a dispute involving the Client, contractor, supplier, or any third party involved in the project, JAC Services shall make reasonable efforts to facilitate communication and assist the parties in reaching an amicable resolution.
Should a resolution not be achieved, JAC Services shall provide the Client with all relevant documentation, quotations, invoices, correspondence, agreements, and contractor information reasonably available in its possession to assist the Client in pursuing any further remedies available at law.
8. Warranties and Guarantees
Any warranty, guarantee, maintenance period, or defect liability period applicable to the works shall be expressly stated within the quotation, invoice, contract, or supporting documentation.
Where no warranty or guarantee is expressly provided in writing, only those warranties implied by applicable law shall apply.
The Client shall notify JAC Services in writing of any alleged defect within seven (7) days of becoming aware of such defect.
No warranty shall apply to:
· Fair wear and tear;
· Lack of maintenance;
· Misuse or abuse;
· Alterations carried out by others;
· Damage caused by third parties or external events beyond the control of JAC Services.
9. Acceptance of Terms
The Client shall be deemed to have accepted these Terms and Conditions upon:
· Signing a quotation, agreement, or acceptance document;
· Providing written acceptance by email, message, or other electronic communication;
· Making any deposit or payment in relation to the works;
· Instructing JAC Services to commence work.
Such acceptance shall constitute a binding agreement between the parties.
10. General
JAC Services provides labour, project coordination, construction-related services, and practical advice based upon industry experience.
The Client acknowledges that JAC Services does not provide legal, engineering, architectural, or professional consulting services unless expressly agreed in writing.
These Terms and Conditions shall apply to all quotations, invoices, contracts, and works undertaken by JAC Services unless otherwise agreed in writing.