Overview

When calling for or receiving an EOI or tender on a Building Code 2013 project after 2 December 2016, you should include the following clause in the advertisement:

'By submitting an expression of interest in, or tender for, this project, you will become subject to the Code for the Tendering and Performance of Building Work 2016.’

You should also provide this information statement to respondents, to inform them that they will become code covered entities. This information statement should be provided in place of using the Building Code 2013 or Code for the Tendering and Performance of Building Work 2016 model clauses.

Please note: you should not request a Letter of Compliance from subcontractors on Building Code 2013 projects.

Subcontractors who submit an EOI or tender for any project after 2 December 2016 become subject to the Code. This makes them code covered entities.

The Building Code 2013 continues to apply to you as the head contractor for the life of the project.

No. Your obligations on existing Building Code 2013 projects don’t change once you become a code covered entity. However, you’ll be required to comply with the Code on any new projects, including private projects that you express interest in or tender for after becoming a code covered entity.