TCCC
The Construction Contracts Co.
Subcontract Review
Australia
Trades / Glazing and facade

Glazing and facade subcontracts: the risks and what to negotiate

Glazing and facade packages combine design responsibility, long-lead procurement and installation at height, often on the critical path to building lock-up. Performance warranties, material supply and access decide whether the package makes money.

AI risk report, not legal advice. The scanner gives general information about the risks in a document. It is not a lawyer, does not know your circumstances, and can be wrong. For decisions with legal consequences, get advice from a construction lawyer.

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Where glazing, facade and cladding subcontractors lose money

Performance and compliance warranties

Facades carry warranties on water tightness, structural performance and material compliance. Check exactly what you are warranting and for how long, and whether design responsibility sits with you or the consultant.

Procurement and supply delay

Imported glass and framing can have long lead times. Without an extension of time for supply delays outside your control, shipping delays become your liquidated damages.

Access and scaffold dependencies

Installation depends on scaffold, cranes or hoists usually provided by the builder. Interruptions should be delay events with costs, not your risk.

Long retention and warranty periods

Facade warranties often run longer than other trades. Make sure retention release does not wait for the end of every warranty period.

Three things to push for in your departures schedule

  • Design responsibility and warranties defined precisely, with a time limit
  • Extension of time for supply delays outside your control
  • Builder-provided access interruptions treated as delay with costs

The free scanner finds these clauses in your actual contract in about two minutes and writes the departures schedule for you.

What the Index says

Live figures from the Australian Subcontract Index, 90 real subcontracts. The Index holds only 2 glazing and facade contracts so far, under the 10-contract threshold, so these are national figures across all trades. Nothing under 10 contracts is ever shown.

100%have time bars that kill the claim entirely (66 of 66, all trades)
97%let the builder set off without notice (75 of 77, all trades)
78%have liquidated damages with no cap (31 of 40, all trades)
25 daysmedian payment terms (n=75, all trades)
5%median retention (n=65, all trades)
5 daysmedian notice window for variations (n=60, all trades)
See the full live Index →

Glazing and facade subcontracts by state

Queensland →Payment capped at 25 business days; payment schedule due in 15.
New South Wales →Payment capped at 20 business days; payment schedule due in 10.
Victoria →Payment capped at 20 business days; payment schedule due in 10.
Western Australia →Payment capped at 25 business days; payment schedule due in 15.
South Australia →Payment schedule due within 15 business days of your claim.
Tasmania →Payment schedule due within 10 business days of your claim.
Australian Capital Territory →Payment schedule due within 10 business days of your claim.
Northern Territory →No payment schedule step: a dispute arises when a claim is rejected or unpaid, then 90 days to apply.

Glazing and facade subcontracts: common questions

What should a facade subcontractor check in the warranty clause?

What is being warranted (design, materials, workmanship or performance), for how long, and whether the warranty mirrors the head contract. A warranty broader than your scope or longer than your suppliers' cover leaves you carrying risk you can't pass on.

Do glazing, facade and cladding subcontractors have payment rights that override the contract?

Yes. Every state and territory has a Security of Payment Act that lets you make a payment claim and get to adjudication quickly, and several states cap how long payment terms can be. The state pages below set out each one.

Is the scanner free?

Yes. No account, no card. Upload the subcontract and the full report appears in about two minutes. General information, not legal advice.

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