Tiling and flooring subcontracts in New South Wales: what to check before you sign
In New South Wales, a tiling 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 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.
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 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 NSW: common questions
How long does a builder in NSW have to pay a tiling and flooring 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 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 NSW tiling and flooring 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.