Trades / Tiling and flooring

Tiling and flooring subcontracts: the risks and what to negotiate

Tiling and flooring packages sit late in the programme, depend on substrates prepared by others and get blamed for defects that start below the surface. The clauses that matter are substrate acceptance, waterproofing responsibility and damage after completion.

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 tiling and flooring subcontractors lose money

Substrate prepared by others

Cracked or uneven slabs and failed screeds cause tile and floor defects. Make sure the contract lets you note substrate defects before starting and doesn't make you warrant someone else's work.

Waterproofing responsibility

If waterproofing is by others, the contract should say so clearly. Otherwise wet area failures default to the last trade in the room.

Damage after completion

Finished floors are damaged by trades still working. Protection and repairs caused by others should be the builder's cost.

Client selections and supply

Selections and supply delays outside your control should give you an extension of time.

Three things to push for in your departures schedule

Right to note substrate defects before starting, with no warranty of others' work
Waterproofing responsibility stated expressly
Repairs of damage by others paid as variations

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 no tiling and flooring 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 →

Tiling and flooring 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.

Tiling and flooring subcontracts: common questions

Is a tiler responsible if the substrate cracks?

Not if the contract is drafted fairly. Note any substrate defects in writing before you start, and resist clauses that make you warrant the slab or screed prepared by others.

Do tiling and flooring 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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