TCCC
The Construction Contracts Co.
Subcontract Review
Australia
Trades / Roofing

Roofing subcontracts: the risks and what to negotiate

Roofing packages are weather-exposed, safety-heavy and on the path to lock-up, so weather delay, access and water damage claims drive the commercial risk. A single storm can turn into a back-charge for every trade's damaged work below.

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 roofing and roof plumbing subcontractors lose money

Weather delay and notice

Wind and rain stop roofing work outright. Check whether weather gives an extension of time and how it must be notified; a daily notice with an absolute bar is easy to miss.

Water damage to other trades

If water gets in before the roof is complete or after other trades penetrate it, broad indemnities can make you liable for damage throughout the building. Limit liability to damage caused by your own work.

Safety and access provided by others

Edge protection, scaffold and hoisting are often the builder's responsibility. Delays in providing them should be delay events.

Penetrations by other trades

Services trades cut through finished roofs. Re-flashing and sealing their penetrations should be a variation.

Three things to push for in your departures schedule

  • Extension of time for weather with simple notice
  • Liability for water damage limited to damage caused by your own work
  • Re-flashing of other trades' penetrations paid as a variation

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 1 roofing contract 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 →

Roofing 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.

Roofing subcontracts: common questions

Is a roofer liable for water damage caused after other trades cut the roof?

It depends on the indemnity and defects clauses. A well-drafted subcontract limits your liability to damage caused by your own work and makes sealing other trades' penetrations a variation.

Do roofing and roof plumbing 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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