Prescribed forms – new and amended

The following forms have been produced using the text from the Construction Contracts Amendment Regulations 2015. The regulations and original form content can be obtained from www.legislation.govt.nz and official forms can be obtained from www.building.govt.nz/construction-contracts-amendment-act.

Although the new forms are required in respect of all contracts entered into from 1 December 2015, they should be used regardless of the date of the contract. They previously required only for residential construction contracts

Form 1 – Notice to payer

All payment claims must be accompanied by a prescribed Form 1 notice, in addition to complying with the other mandatory requirements for a payment claim set out in section 20 of the Act.

It is also recommended to use the new Form 1 notice on contracts including residential contracts entered into prior to 1 December, even where it is not a strict requirement, also available in MS Word CCA Form 1.docx.

Form 2 – Notice to respondent

Every notice of adjudication served on a respondent must be accompanied by the prescribed Form 2 notice, in addition to complying with the other mandatory requirements for a payment claim set out in section 20 of the Act.

It is also recommended to use the new Form 2 notice on contracts including residential contracts entered into prior to 1 December, even where it is not a strict requirement, also available in MS Word CCA Form 2.docx.

Form 2A – Adjudicator’s Notice of Acceptance

An adjudicator’s notice of acceptance must include the information required by the new Form 2A. A notice of acceptance that does not include the prescribed notice of acceptance will not be valid, and would not result in a valid appointment.  Also available in MS Word CCA Form 2A.docx

Form 3 – Adjudicator’s determination

The regulations include changes to the prescribed content of an adjudicator’s determination as set out in Form 3, with changes from the original form shown as struck out or highlighted, also available in MS Word CCA Form 3.docx.