Tiling and flooring subcontracts in Australian Capital Territory: what to check before you sign
In Australian Capital Territory, a tiling subcontract is read alongside the Building and Construction Industry (Security of Payment) Act 2009 (ACT), which gives you the right to make a payment claim and requires a payment schedule within 10 business days if the builder disputes it. The contract itself still decides the risks that cost tiling and flooring subcontractors most: substrate prepared by others; waterproofing responsibility; 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.
Australian Capital Territory rules that override your contract
Statute: Building and Construction Industry (Security of Payment) Act 2009 (ACT)
- 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).
- Jurisdiction follows the contract rather than where the work is performed, so Canberra-region jobs that cross the NSW border need care about which Act applies before any notice is served.
- Adjudication: through a private authorised nominating authority, with determinations typically within 10 business days of acceptance.
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.
Tiling and flooring subcontracts in other states
Tiling and flooring subcontracts in ACT: common questions
How long does a builder in ACT have to respond to a tiling and flooring payment claim?
If the builder disputes your payment claim, it has 10 business days to answer with a payment schedule giving its reasons. The payment term itself comes from your contract, so read it before you sign.
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.
Where do ACT tiling and flooring payment disputes go?
Authorised Nominating Authorities (guidance via Access Canberra). Timing: through a private authorised nominating authority, with determinations typically within 10 business days of acceptance.
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 2009 (ACT) before relying on them. Built by Mat Kennedy, Founder, The Construction Contracts Co.