Roofing subcontracts in New South Wales: what to check before you sign
In New South Wales, a roofing subcontract is read alongside the Building and Construction Industry Security of Payment Act 1999 (NSW), which caps subcontract payment terms at 20 business days. The contract itself still decides the risks that cost roofing and roof plumbing subcontractors most: weather delay and notice; water damage to other trades; safety and access provided by others.
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.
New South Wales rules that override your contract
Statute: Building and Construction Industry Security of Payment Act 1999 (NSW)
- Payment terms for subcontractors are capped at 20 business days after the payment claim. A longer term in the contract doesn't change that.
- If the builder disputes a payment claim, it has to answer with a payment schedule within 10 business days (or any shorter period in the contract).
- Head contractors must pay subcontractors within 20 business days of the claim, retention money on larger projects must be held in trust, and work can lawfully be suspended after non-payment on two business days' notice.
- Adjudication: typically 10 business days from receiving a payment schedule that disputes the claim, through a private authorised nominating authority.
- Retention on larger projects must be held in trust.
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.
Roofing subcontracts in other states
Roofing subcontracts in NSW: common questions
How long does a builder in NSW have to pay a roofing subcontractor?
No more than 20 business days after your payment claim, whatever the contract says. If the builder disputes the claim, it has 10 business days to answer with a payment schedule giving its reasons.
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.
Where do NSW roofing payment disputes go?
Authorised Nominating Authorities (NSW Fair Trading maintains the list). Timing: typically 10 business days from receiving a payment schedule that disputes the claim, through a private authorised nominating authority.
Is this legal advice?
No. It is general information about common subcontract risks and the state's payment law as recorded in our registry. Statutory details change; check the current Act, and take the scanner's report to a construction lawyer for decisions with legal consequences.
General information, not legal advice. Statutory details are taken from our state law registry and change over time; verify them against the current Building and Construction Industry Security of Payment Act 1999 (NSW) before relying on them. Built by Mat Kennedy, Founder, The Construction Contracts Co.