North Sydney NSW Gold Coast QLD
Superintendent · Contract Administration · AS 4000 and AS 4902

The contract, administered to a standard that survives dispute.
Superintendent and contract administration for owners.

Independent superintendent, Principal's representative and contract administrator under AS 4000, AS 4902 and related Australian Standard forms, on club, hospitality, aged care, education, medical and commercial projects in New South Wales and Queensland.

Engaged by owners only. Every instrument issued in writing, on time, with reasons.

What The Role Is

The builder has a contracts team. Who reads the contract for you?

A building contract is administered every month whether or not anyone is doing it deliberately. Claims arrive, variations are priced, delay notices land, and each one carries a response period. If the owner's side is silent, the contract answers for it, usually in the builder's favour.

The superintendent is the person the contract names to administer it: assess each progress claim and issue the payment schedule, value and direct variations, determine extensions of time, issue notices, certify practical completion and manage the defects liability period. Under the Australian Standard forms the superintendent is appointed by the owner and must act honestly and fairly when certifying. That is the discipline we bring, and we bring it in writing.

Hunter FPM acts only for owners and operators. We are not engaged by builders, developers or architects, and we do not carry their work. On most engagements Robert Hunter holds both the project manager and superintendent roles, so the board has one accountable person from tender to final certificate.

What We Issue

Every instrument the contract calls for, with reasons the other side can read.

Clause references are verified against the executed contract and its special conditions on every project. Never from memory, never from the standard form.

01 / Payment

Progress claims assessed and payment schedules issued inside the statutory clock.

Each claim is measured against work done, the contract sum, approved variations and retention, and answered within the period set by the contract and the Security of Payment Act. Missing the period can make the owner liable for the full amount claimed.

Payment certificate or schedule

Amount certified, reasons for any difference from the amount claimed, and the statutory statement the legislation requires.

Retention and security

Held, released and reduced exactly as the contract provides, with the running balance reported to the board.

Cost report

Contract sum, variations approved, pending and anticipated, provisional sums, contingency and forecast final cost, updated each claim cycle.

02 / Change and Time

Variations directed and valued. Extensions of time assessed on evidence.

Change is normal on a live venue. What matters is that every change is directed before it is built, priced before it is paid for, and that delay is measured against the programme rather than asserted.

Variation directions and determinations

Scope, valuation basis and time effect recorded at direction, so the account never surprises the board.

Extension of time assessments

Cause, notice compliance, critical path effect and concurrency assessed, with the determination and its reasons issued in writing.

Notices

Latent conditions, inclement weather, delay, show cause and default notices issued and answered within the time bars the contract sets.

03 / Completion

Practical completion certified when it is actually complete.

Practical completion starts the defects liability period, releases security and ends liquidated damages. It is the most valuable certificate on the project and it is issued on inspection, not on request.

Practical completion

Inspection, defects schedule, certification, and the handover documentation the owner is entitled to before the builder leaves site.

Defects liability period

Defects directed, tracked and closed; commissioning records and warranties captured into the owner's asset register.

Final certificate

Final account agreed, security released, the file closed so that it can be picked up years later and understood.

04 / Reporting

A monthly superintendent's report the board can act on.

Progress against programme, cost against budget, claims and variations status, extensions of time, risks and decisions required. Written for directors, not for engineers.

Project control group

Chaired or attended monthly, minuted, with actions tracked to closure.

Registers

Variation, extension of time, notice, RFI and defect registers kept live and reconciled to the cost report.

Records

Every instrument filed with its evidence. If the project ends in a dispute, the file is the case.

Before You Sign

The pre-contract review. Read it before it reads you.

A written review of the proposed contract from the owner's side, delivered inside ten business days, with findings ranked by importance, recommended amendments, and the questions to put to the builder before award. Fee quoted on enquiry and agreed before we start.

What we check
  • Contract form and special conditions
  • Annexure completeness and consistency
  • Payment mechanics and Security of Payment timing
  • Security, retention and liquidated damages
  • Time bars and notice requirements
And
  • Insurances and indemnities
  • Practical completion and defects definitions
  • Design responsibility on design and construct forms
  • Principal-supplied items and site possession
  • Dispute resolution and termination
What you receive
  • Deal at a glance, one page
  • Findings ranked by importance
  • Recommended amendments, drafted
  • Questions for the builder and your lawyer
  • A 45-minute call to walk through it

Despite the challenges of working in an active environment, HFPM coordinated all design disciplines, managed the tender process, and administered the contract to ensure the project was delivered on time and budget.

Ty Younger
General Manager, Norths Collective

Superintendent and contract administration references on club, hospitality and commercial projects are available on request. Selected projects are on the home page.

Questions Boards Ask

Straight answers before the first call.

What is the difference between a superintendent and a project manager?

The project manager runs the project for the owner: brief, budget, programme, consultants, decisions. The superintendent is the person named in the building contract who administers it: assessing claims, valuing variations, determining extensions of time, certifying completion. On many owner-side engagements Hunter FPM holds both roles. Under the Australian Standard forms the superintendent is appointed by the owner and must act honestly and fairly when certifying.

Whose side is the superintendent on?

The superintendent is appointed and paid by the owner, and acts as the owner's agent for directions. When certifying payment, time and completion the superintendent must act honestly and fairly under the contract. Hunter FPM is engaged only by owners and operators, never by builders, so there is no conflict on the other side of the table.

Can you take over a contract that is already underway?

Yes. We start with a health check of the contract, the claims to date, the variation and extension of time registers and the programme against the owner's rights, with written findings inside ten business days. If the project warrants it, we take over administration from the next claim cycle.

What does a pre-contract review cover?

The contract form and special conditions, completeness of the annexure, payment and Security of Payment mechanics, security and retention, liquidated damages, time bars and notice requirements, insurances, the definitions of practical completion and the defects liability period, and design responsibility on design and construct contracts. You receive written findings ranked by importance, recommended amendments, questions to put to the builder, and a call to walk through them. Fee quoted on enquiry.

What happens if a payment schedule is issued late?

Under the Security of Payment legislation in New South Wales and Queensland, if the owner does not respond to a payment claim within the statutory period the owner can become liable for the full amount claimed, whether or not the work was done. That is why claim dates and response deadlines are diarised on day one of every engagement.

Do you work in Queensland and New South Wales?

Yes. Offices in Bundall on the Gold Coast and in North Sydney. Queensland projects run under the Building Industry Fairness (Security of Payment) Act 2017 (Qld); New South Wales projects under the Building and Construction Industry Security of Payment Act 1999 (NSW).

Ready To Start

Send us the contract, or tell us where the project is up to.

A 30-minute call with Robert Hunter. We tell you whether the contract or the project warrants independent administration, and what it would involve. No obligation. Robert replies within one business day. If a claim or notice is already running, call rather than wait.

Direct
Robert Hunter
Statutory clocks
NSW: a payment schedule is due within 10 business days of a payment claim, or sooner if the contract says so. Queensland: within 15 business days, or the shorter period in the contract.
Insurance
$20M public liability. $10M professional indemnity. Integrated quality, WHS and environmental management system.