Builder Engagement Terms

These Terms govern all engagements between True North Construction QLD (TNCQLD) and any Principal Contractor, insurance builder or licensed builder engaging TNCQLD to provide subcontract services. These terms are incorporated by reference into all TNCQLD Engagement Letters and apply to every job undertaken under that arrangement.

TNCQLD means True North Construction QLD, ABN 49 921 851 941, QBCC Licence 15421549.

Principal Contractor means any licensed builder, insurance builder, project manager or other party engaging TNCQLD as a subcontractor.

Services means all building, construction, repair, make-safe and related works provided by TNCQLD.

Engagement Letter means the Short-Form Principal Contractor Engagement Letter issued by TNCQLD.

Schedule A means the rate and deposit schedule attached to each Engagement Letter.

All new principal contractor relationships commence on a 90-day probationary basis from the Engagement Start Date. During the probationary period, either party may terminate the engagement with 14 calendar days written notice without cause or liability.

Following the probationary period, the engagement continues on a month-to-month basis and may be terminated by either party with 14 calendar days written notice.

TNCQLD reserves the right to decline any individual job within an ongoing engagement without terminating the overall arrangement.

Rates for services are agreed per engagement and set out in Schedule A. TNCQLD provides estimates, not fixed-price quotes, unless expressly stated in writing.

Where site conditions, hidden defects or scope variations arise during works, TNCQLD will notify the Principal Contractor promptly and provide a revised estimate before proceeding. TNCQLD is not obligated to absorb costs arising from undisclosed or unforeseen site conditions.

Insurance and Commercial Builders

Payment is due within 14 calendar days of invoice date, or on the next scheduled payment run (15th of the month or last business day of the month), whichever occurs first.

Private Clients

Payment is due within 7 calendar days of invoice date.

General Payment Conditions

• All invoices must be paid in full. Partial payment is not accepted as settlement unless agreed in writing.
• Late payment interest accrues at the RBA cash rate plus 5% per annum, calculated daily from the due date.
• TNCQLD reserves the right to suspend works where invoices are overdue by more than 7 calendar days, without liability for delay.
• TNCQLD may require a deposit prior to commencement of works. Deposit requirements are set out in Schedule A. Deposits are non-refundable where TNCQLD has commenced procurement or mobilisation.

TNCQLD retains full ownership of all intellectual property in its work methods, documentation systems, safe work method statements, risk assessments, checklists, costing tools, templates, report formats, estimating systems and all other operational processes and materials — whether developed prior to or during any engagement.

Nothing in any engagement, agreement or course of dealing transfers any intellectual property rights to any Principal Contractor, client or third party.

The Principal Contractor must not reproduce, adapt, share or commercialise any TNCQLD documentation or systems without prior written consent.

TNCQLD maintains a mandatory pre-existing condition documentation protocol. Prior to commencing any works, TNCQLD will photograph and record existing site conditions. These records are retained as evidence and are available to the Principal Contractor on request.

The Principal Contractor agrees to provide TNCQLD with reasonable site access prior to commencement for this purpose.

TNCQLD accepts no liability for pre-existing conditions, defects, non-compliances or damage evidenced in pre-commencement records.

TNCQLD warrants that all services will be performed with due skill, care and diligence in accordance with applicable Australian Standards, the National Construction Code, QBCC licensing conditions and accepted industry practice.

Where a defect in TNCQLD's work is identified, the Principal Contractor must notify TNCQLD in writing within 12 months of practical completion. TNCQLD will assess the notified defect and, where it is within TNCQLD's scope and not attributable to pre-existing conditions, Principal Contractor instructions, product failure or third-party interference, TNCQLD will rectify at its cost.

Defect liability is subject to the QBCC defect accountability framework effective 30 March 2026.

TNCQLD complies with the Work Health and Safety Act 2011 (Qld) and all applicable regulations, codes of practice and Australian Standards. TNCQLD maintains site-specific SWMS for all high-risk construction work.

The Principal Contractor is responsible for ensuring the principal site WHS management system is in place and that TNCQLD is provided with all relevant site safety information prior to commencement.

TNCQLD maintains:

• Contract Works and Public Liability — minimum $20,000,000 per occurrence (MECON/AIG)
• Workers Compensation — WorkCover Queensland
• Tools and Equipment — Zurich

Certificates of currency are available on request.

Each party agrees to keep confidential all non-public information received from the other party, including pricing, client information, site details and operational methods. This obligation survives termination of the engagement.

TNCQLD's liability is limited to the value of the works giving rise to the claim. TNCQLD is not liable for indirect, consequential or economic loss, loss of contract, loss of profit or reputational damage. Nothing in these terms excludes rights available under the Australian Consumer Law.

Either party may terminate an engagement immediately by written notice if the other party becomes insolvent, enters administration or liquidation, commits a material breach not remedied within 14 calendar days of written notice, or acts fraudulently, dishonestly or with gross negligence.

Upon termination, TNCQLD is entitled to payment for all works completed and materials procured to the date of termination.

The parties agree to attempt to resolve any dispute in good faith through direct negotiation before commencing formal proceedings. If unresolved within 14 calendar days of written notification, either party may refer the matter to mediation. Nothing prevents TNCQLD from taking immediate action to recover overdue invoices.

These Terms are governed by the laws of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Queensland, regardless of the registered office or place of business of the Principal Contractor.

TNCQLD may update these Terms from time to time. The current version is published at tncqld.com/builder-engagement. Engagements are governed by the version in effect at the time the Engagement Letter is signed.

These Terms, together with the Engagement Letter and Schedule A, constitute the entire agreement between the parties and supersede all prior representations, negotiations and agreements. No variation is effective unless agreed in writing.

True North Construction QLD | QBCC 15421549 | ABN 49 921 851 941 | tncqld.com/builder-engagement | Version 2.2 - April 2025