Contract Administration
After the APT has signed the contract, one counterpart original will be retained by the APT, and the second counterpart will be returned to the Parish for handing to the Builder. In instances where the contract has been prepared in triplicate the remaining counterpart can be returned to the architect or parish.
All tax invoices must be issued by the builder with the following details so that the APT can claim any available input tax credits on behalf of the Parish:
Anglican Property Trust Diocese of Bathurst
11 Church St
Bathurst NSW 2795
Input tax credits claimed by the APT will be returned to the Parish’s client fund held in trust and used to pay subsequent invoices.
All tax invoices (even though addressed to the APT) must first be sent to the Parish for approval by the wardens.
If the Builder sends invoices directly to the APT, payment will be delayed as the APT must still obtain warden approval before processing.
Wardens may nominate a delegate (for example, a project manager together with a single warden) to authorise payments. This delegation must be provided in writing at the commencement of the project.
Variations
Variations to the contract may arise after signing and during the course of the works. While negotiations with the builder may be carried out by the wardens, Project Architect, or Project Manager (as applicable), only the APT can formally approve variations.
Contract variations must be submitted in writing to the APT (via email or post), signed by at least two wardens.
If the proposed variation exceeds 5 percent of the original contract price, independent advice on the value of the variation may be required.
If insufficient funds are held by the APT to cover the cost of the variation, the Parish must transfer additional funds before the variation is approved.
Post-Construction Requirements
Following completion of works:
Fire Safety Schedules
A Fire Safety Statement (FSS) is issued by or on behalf of an owner of an existing building. The statement confirms that an accredited practitioner (fire safety) has verified the performance of each fire safety measure in the building.
FSSs must be issued using a standard template form published by the NSW Government. Existing buildings will not have to use the standard template unless a new schedule is required. Where a council re-issues a fire safety schedule when corrections are needed or where the schedule is missing, the new template is not required unless it is already being used for the existing or replaced schedule.
As the legal owner, the APT must sign the associated FSS. A copy of the fire safety schedule must be sent to the APT for records.
Occupation Certificate and Insurance
Upon issuance of the Occupation Certificate by the certifying officer, the APT will update property insurance. Wardens must notify the APT of any new fixtures, fittings, or contents to be included in the insurance schedule. The Occupation Certificate will trigger the release of the first security payment to the Builder.
Security Release
It is the responsibility of the wardens to advise the APT if there are any concerns regarding the release of security funds to the builder.
Contracts where third parties are involved
From time to time, a parish may receive proposals from third parties (e.g., a pre-school tenant) to undertake building works on parish property. For example, a pre-school operating under a licence agreement with the APT may offer to upgrade a hall by installing a new kitchen, toilets, and other improvements. In these situations, the following key considerations must be taken into account:
- All improvements made on Parish property will be held in trust for the Parish, not for the third party funding the works.
- Parish representatives must exercise caution to ensure offers of upgraded facilities do not cloud sound judgment.
- All proposals involving third parties must be reviewed by the APT before any commitments are made.