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Contract Agreement for Certification Work

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Contract Agreement for the Performance of Certification Work (CC)

Version 2 – March 2018

Health & Planning Division
Civic Centre 61 Darling Street
PO Box 81
WENTWORTH NSW 2648
Tel: 03 5027 5027
council@wentworth.nsw.gov.au

Attachment A to Construction Certificate Application

Required under the Building Professionals Act 2005
Section 73A

Agreement Between

Wentworth Shire Council and (the client).

PART A - INTRODUCTION

1. The Council is a certifying authority and employs an accredited certifier (the Certifier) who is authorised to carry out the certification work which is the subject of this Agreement on behalf of the Council.

2. The Client seeks to engage the Council to perform certification work on the terms set out in this Agreement.

PART B – INTERPRETATION

Words and terms used in this Agreement are defined in the Dictionary (page 5).

PART C – PARTIES TO THE AGREEMENT

1. The Council

Name of Council

Business Address

Postal Address

Telephone Mobile Email

2. The Client

Name of Client

Residential Address

Postal Address

Telephone Mobile Email

PART D – CERTIFIER’S DETAILS

These are the details of the employee that Council proposes, at the date of the Agreement, to have carry out the certification work. If the Council later decides to have another employee carry out the certification work, the Council will within two days notify the Client in writing of the name and accreditation number of that other employee.

Name of Certifier Accreditation Number

PART E – CERTIFIER’S INSURANCE DETAILS

Only complete if the Certifier holds insurance required by the BP Act. In most cases employees of Council do not hold insurance separate from Council.

Name of Insurer Address

Policy No. / Identifier Period of Insurance Cover – From To

PART F – THE DEVELOPMENT

Description of the development

Address of the development Lot DP

Development Consent Details (tick appropriate box/s and complete as applicable)

Development consent granted by consent authority

Development consent given by the issue of a complying development certificate (CDC)

Part 6 certificates issued, please state type of certificate issued

Name of Consent Authority or Certifying Authority

Development Consent No. / Complying Development Consent No. or Certificate No.

Date Development Consent /Complying Development Consent or Certificate Issued

Details of Approved Documents

Details of plans, specifications and other documents approved by Development Consent / Complying Development Consent or Part 6 Certificate

Inspections (complete as appropriate)

Any inspections of the development site or the development required under the EP&A Act or the EP&A Regulation will be carried out as follows:

Inspections by the Certifier:

All

None

Specific (list)

Inspections by *(name & accreditation no.)

All

None

Specific (list)

PART G – CERTIFICATION WORK TO BE PERFORMED

1. Determination of Applications for Development Certificates (tick one or more boxes as appropriate)

Determination of application for a CDC*

Determination of application for a construction certificate*

Determination of application for a subdivision certificate*

Determination of application for a compliance certificate*

Determination of application for an occupation certificate*

Determination of an application for a strata certificate*

2. Undertaking the functions of Principal Certifying Authority (PCA)

Undertaking the functions of PCA for the development*

* Refer to relevant Attachment(s) that contain a Description of Services and the relevant Fees and Charges.

PART H – FEES AND CHARGES

1. Development Certificates

a. Set fees and charges

i. The fees and charges for the determination of an application for a development certificate are set out in the relevant Attachment(s).

ii. In respect of any unforeseen contingency work provided for under this Agreement, the Council is to send an invoice to the Client within 21 days after the completion of any such work.

b. Contingency fees and charges

i. In the case of fees and charges that may be payable for work arising from unforeseen contingencies, the basis on which those fees and charges are to be calculated are set out in the relevant Attachment.

ii. In respect of any unforeseen contingency work provided for under this Agreement, the Council is to send an invoice to the Client within 21 days after the completion of any such work.

2. PCA functions

a. Set fees and charges

i. The fees and charges for the Council to carry out the functions as the PCA for the development are set out in the relevant Attachment(s).

ii. The set fees and charges for the carrying out of the functions as the PCA for the development are to be paid in full before the Council commences to carry out any of those functions.

b. Contingency fees and charges

i. In the case of fees and charges that may be payable for work arising from unforeseen contingencies, the basis on which those fees and charges are to be calculated are set out in the relevant Attachment.

ii. In respect of any unforeseen contingency work provided for under this Agreement, the Council is to send an invoice to the Client within 21 days after the completion of any such work.

PART I – STATUTORY OBLIGATIONS (tick appropriate box)

An information brochure which is to include information about statutory obligations must accompany this Agreement, if one is published by the Building Professionals Board on its website. The Board is the statutory body that accredits the Certifier and administers the Building Professionals Act 2005.

A copy of the Board’s Information Brochure is attached

The Board has not published a brochure as at the date of the Agreement

PART J – DATE OF AGREEMENT

This Agreement is made on the day of

PART K - SIGNATURES

Signed/ executed by or on behalf of the Council

Signed/ executed by or on behalf of the Client

DICTIONARY

Accredited certifier means the holder of a certificate of accreditation as an accredited certifier under the BP Act

Applicable environmental planning instrument means the State Environmental Planning Policy or the Local Environmental Plan nominated by the Client as the instrument against which an application for a complying development certificate is to be assessed.

BASIX means the Building Sustainability Index

BCA means the Building Code of Australia

BP Act means the Building Professionals Act 2005

Certification work Means
a) the determining of an application for a development certificate
b) the issue of a development certificate
c) carrying out the functions of a PCA
d) carrying out of inspections for the purposes of section 6.5(1)(b) & section 6.27(2)(b) of the EP&A Act
e) carrying out inspections under section 22 Swimming Pools Act 1992 and issuing certificates of compliance under that Act

Contractor licence means a licence issued under the Home Building Act 1989

Development certificate means: a) a certificate under Part 6 of the EP&A Act, being: a construction certificate, a compliance certificate, a sub-division certificate, an occupation certificate; b) a complying development certificate; c) a strata certificate issued under the Strata Schemes Acts

EP&A Act means the Environmental Planning and Assessment Act 1979

EP&A Regulation means the Environmental Planning and Regulation 2000

Owner-builder permit has the meaning given to it by the Home Building Act 1989

PCA means a principal certifying authority appointed under section 6.5 of the EP&A Act

Residential building work has the meaning given to it by the Home Building Act 1989

Attachment - Application for a Construction Certificate (CC)

DESCRIPTION OF SERVICES

The Certifier will, on behalf of the Council, perform all work necessary to comply with relevant statutory requirements and to facilitate the timely determination of the application, including:

1. Provide a blank copy of CC application form to the Client.

2. If necessary, obtain a certificate under section 10.7 of the EP&A Act

3. If the development is on a site which affects an existing building, inspect, or arrange for another accredited certifier to inspect, the building and prepare a record of the inspection.

4. If clause 144 of the EP&A Regulation applies to the development (i.e. alternative solutions for certain fire safety measures), apply to the Fire Commissioner for an initial fire safety report.

5. If the development is a residential flat building, obtain a design verification from a qualified designer under clause 50(1A) of the EP&A Regulation

6. If clause 144A of the EP&A Regulation applies to the application (i.e. where there is an alternative solution relating to fire safety requirements) obtain a compliance certificate or written report from a fire safety engineer.

7. Assess whether the application satisfies the requirements of the EP&A Regulation, including compliance with the BCA, the development consent and any pre-conditions to the issue of a CC.

8. Determine the application and prepare a notice of the determination.

9. If the application is granted:

a. prepare a construction certificate

b. endorse all relevant plans, specifications and other documents

c. prepare any associated fire safety schedule or fire link conversion schedule

d. ascertain if any long service payment levy is required to be made, and if so, that the amount (or instalment) has been paid.

e. ascertain if any security or monetary payment or levy under sections 7.11 or 7.12 of the EP&A Act are required before the CC is issued.

f. issue CC to the Client together with associated endorsed plans specifications and other approved documents.

g. forward copies of documents prepared to the consent authority as required by the EP&A Regulation.

FEES AND CHARGES

Select one of the following agreements

Fixed Fee Agreement

Council will undertake for a fixed fee all work involved in assessing, determining and finalising the application as set out in the Description of Services, including the costs of any service provided by a third party and any fees for obtaining or lodging documents, except for contingency items (if any) specified below.

Fixed Fee

Contingency Items#*

Variable Costs Agreement

Council will undertake all work involved in assessing, determining and finalising the application as set in the Description of Services upon the following basis:

Council’s Fee for Service

Third Party Fees for services (including for another Accredited Certifier’s Services)*

Fees for Certificates and Lodgement of Documents*

Contingency Items#*

Attachment - Application for a Occupation Certificate (OC)

DESCRIPTION OF SERVICES

The Certifier will, on behalf of the Council, perform all work necessary to comply with relevant statutory requirements and to facilitate the timely determination of the application, including:

1. Provide a blank copy of an OC application form to the Client.

2. Conduct an inspection of the development and prepare a record of the inspection.

3. If clause 144 of the EP&A Regulation applies to the development (i.e. alternative solutions for certain fire safety measures), apply to the Fire Commissioner for a final fire safety report.

4. Obtain a final fire safety certificate or interim fire safety certificate as required by the EP&A Regulation.

5. If the development is a residential flat building to which clause 154A of the EP&A Regulation applies, obtain a further design verification from a qualified designer in relation to the completed works.

6. Ensure that all BASIX requirements required to be complied with before an OC may be issued have been satisfied, including obtaining any necessary BASIX completion receipt.

7. If clause 130(2A) or 144A(1) of the EP&A Regulation applied to the development (i.e. where there is an alternative solution relating to fire safety requirements), obtain a further compliance certificate or written report from a fire safety engineer with respect to the completed works as required by clause 153A of the EP&A Regulation.

8. Assess whether the application satisfies the requirements of the EP&A Regulation, including whether any pre-conditions of the development consent or CDC which are required to be met before an OC may be issued, have been met and (where building work has been carried out) whether the work is not inconsistent with the development consent).

9. Determine the application and prepare a notice of the determination.

10. If the application is granted, prepare an OC and issue it to the Client.

11. Forward copies of documents prepared to the consent authority and the council as required by the EP&A Regulation.

FEES AND CHARGES

Select one of the following agreements

Fixed Fee Agreement

Council will undertake for a fixed fee all work involved in assessing, determining and finalising the application as set out in the Description of Services, including the costs of any service provided by a third party and any fees for obtaining or lodging documents, except for contingency items (if any) specified below.

Fixed Fee

Contingency Items#*

Variable Costs Agreement

Council will undertake all work involved in assessing, determining and finalising the application as set in the Description of Services upon the following basis:

Council’s Fee for Service

Third Party Fees for services (including for another Accredited Certifier’s Services)*

Fees for Certificates and Lodgement of Documents*

Contingency Items#*

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What the Contract Agreement for Certification Work Covers

A Contract Agreement for Certification Work is a written contract that defines the scope, deliverables, responsibilities, timelines, compensation, and acceptance criteria for services performed to obtain a certification, inspection, or similar formal approval. Typical parties include a client requesting certification and a contractor or consultant performing testing, documentation, or corrective actions. The agreement sets technical standards, reporting requirements, milestones for inspections or tests, confidentiality and IP provisions, and dispute-resolution processes. It may require signatures, notarization, or witness statements depending on jurisdiction and industry.

Why a Clear Certification Work Agreement Matters

This agreement clarifies each party's expectations, reduces disputes by documenting acceptance criteria and testing protocols, and establishes liability and payment terms. It also supports regulatory compliance where certifications are legally required, providing an auditable record of work performed and outcomes.

Why a Clear Certification Work Agreement Matters

Who Typically Prepares and Signs This Agreement

Typical users include procurement managers, compliance officers, technical consultants, and quality assurance teams overseeing certification-related work.

  • Clients seeking certified status for products, manufacturing facilities, or professional services subject to regulatory approval.
  • Independent auditors, inspection firms, or consultants contracted to perform certification tasks.
  • Legal, procurement, and compliance teams reviewing scope, warranties, and indemnity language.

Use this agreement to document technical criteria, payment schedules, acceptance tests, and dispute resolution tailored to the certification project.

Primary Roles and Responsibilities

Project Lead

Project Lead, typically a client-side manager, authorizes scope changes, monitors milestones, and approves final acceptance testing. They coordinate internal stakeholders and ensure deliverables meet certification standards; their signature indicates formal acceptance and triggers final payment or release of deliverables.

Certification Vendor

Certification Vendor or Consultant performs inspections, testing, and documentation required for certification. They must deliver reports, maintain chain-of-custody where applicable, and comply with industry-specific standards; contract terms should specify liability limits, insurance, and timelines for corrective actions.

Essential Sections to Include

Core sections define scope of work, technical acceptance criteria, deliverables, schedule, payment terms, and liability — essential for certification-related contracts.

Scope of Work

Detailed description of tasks, standards to be met, testing methods, and any excluded services. Include reference to technical specifications, applicable codes, or certification body requirements that govern acceptance.

Deliverables

List of reports, test certificates, drawings, and supporting documents with formats, delivery methods, and required sign-offs. State who receives copies and any digital submission requirements.

Acceptance Criteria

Clear pass/fail thresholds, retesting procedures, acceptance testing schedule, and criteria for conditional approvals or partial certifications. Define remedy timelines for nonconforming work.

Schedule & Milestones

Timetable for inspections, interim deliverables, rectification periods, and final acceptance dates. Tie payments or retainage to milestone completion where appropriate.

Payment & Consideration

Fee structure, invoicing schedule, retainage, reimbursement for travel or materials, and payment triggers tied to deliverables or acceptance events, plus late-payment remedies.

Liability & Insurance

Warranties, limitations of liability, indemnification, required insurance types and limits, and responsibility for third-party claims arising from certification activities.

Required Basic Information

Party Names: Full legal names of all parties
Contact Info: Address, phone, and email
Scope Reference: Standards, codes, and specs
Payment Terms: Amount, schedule, and method
Acceptance Dates: Effective and final acceptance dates
Signature Blocks: Signatures, printed names, dates

Step-by-Step: Completing the Agreement

Follow these steps to complete the Contract Agreement for Certification Work accurately and create an auditable record.

  • 01
    Prepare Documents: Collect specs, test protocols, and prior reports
  • 02
    Fill Parties: Enter legal names and contact details
  • 03
    Define Criteria: Specify measurable acceptance and retest procedures
  • 04
    Sign and Record: All parties sign; retain copies and audit trail

How to Configure an Online Signing Workflow

Online configuration checklist for customizing and submitting the agreement using an eSignature platform and storage options.

Document Routing and Field Settings Where and how each field appears; signer order and notifications
Preferred Signer Order and Authentication Method Email link, SMS code, or KBA; set signer sequence
Conditional Field Rules and Visibility Settings Show or hide fields based on prior answers
Document Retention and Audit Trails Enable audit trail, download signed PDF, and retention options
Notification Triggers and Reminder Schedule Set automated emails for pending and overdue signatures

Platform Capabilities to Look For

Use eSignature tools that support tamper-evident PDFs, audit trails, and optional advanced authentication for certification agreements.

  • File Formats: PDF, DOCX, or editable templates
  • Integrations: Connect to NetSuite, Salesforce, or Google Workspace
  • Authentication: Email, SMS, KBA, or advanced methods

Typical eSubmission Flow

This section summarizes routing, signing, reviewer approval, and e-submission steps for completing the agreement online.

  • Upload Document: Upload final PDF with referenced attachments
  • Place Fields: Add signatures, dates, and checkbox fields
  • Set Signers: Assign roles and authentication methods
  • Distribute: Send signed copies to parties and archive

Key Dates to Track in the Agreement

Key dates and timing considerations for certification projects, including inspection windows, retest periods, deliverable due dates, and final acceptance.

Effective Date and Term:

Use MM/DD/YYYY for effective date; term length in clause

Inspection Window and Scheduling:

Dates when inspections occur; allow 48–72 hours notice

Retest and Cure Period:

Time allowed for corrective work before re-inspection

Invoice and Payment Due:

Payment due within agreed days after acceptance

Final Acceptance Deadline:

Final acceptance date that triggers warranty and retention terms

Milestone Sequence from Execution to Certification

High-level milestone sequence that tracks contract execution through inspections, corrective actions, re-testing, and final acceptance for the certification engagement.

01

Contract Execution

Parties sign and effective date begins obligations.

02

Initial Inspection

Certification vendor performs initial tests and issues findings.

03

Corrective Actions

Contractor completes remedial work within specified cure period.

04

Final Acceptance

Vendor certifies compliance or issues conditional acceptance.

Common Preparation Mistakes to Avoid

  • Vague acceptance criteria that permit disputes over whether work meets certification standards; specify measurable thresholds and testing methods to avoid ambiguity.
  • Mismatched party names or missing legal entity details that complicate enforcement; use full legal names and confirm signatory authority before execution.
  • Failure to tie payments to milestones leads to disagreements; include clear payment triggers, retainage provisions, and invoice timelines.
  • Insufficient recordkeeping for inspections or video evidence in regulated industries; require audit logs, version control, and secure retention.

Potential Consequences of an Incorrect or Incomplete Agreement

Contract Breach: Damages, specific performance, or termination risk
Delayed Certification: Project delays and potential regulatory noncompliance
Financial Penalties: Liquidated damages or withheld payments
Regulatory Fines: Industry regulators may impose penalties
Liability Exposure: Third-party claims and indemnity enforcement
Recordkeeping Failure: Loss of audit proof; compliance breaches

Pricing and Feature Snapshot: Common eSignature Vendors

Basic vendor pricing and feature comparison for eSignature platforms commonly used with certification contracts across organizations.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day trial No No Yes, limited Yes, limited
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Representative Use Cases

Representative use cases show how parties structure certification work agreements to manage scope, acceptance, and compliance across industries.

Manufacturing Project

A manufacturer contracted a third-party testing firm to certify product conformity, specifying test methods, sampling frequency, and reporting format.

  • Defined retest windows and sampling plan.
  • The clear technical annex reduced disputes, allowed faster corrective actions, and provided documentary evidence accepted by the certification body, shortening overall certification time and limiting liability under warranty clauses.

Construction Compliance

A general contractor required subcontractors to meet a site-specific inspection regime tied to milestone payments and lien waivers.

  • Milestone payment holdbacks enforced completion.
  • Using explicit acceptance tests and retainage provisions prevented payment disputes, ensured timely remedial work, and preserved lien rights until final certification was issued.

Supporting Documents to Attach

Attach supporting documents that clarify technical specifications, proof of prior compliance, insurance coverage, and any required certifications to streamline approval.

Technical Specs

Detailed test methods, standards references, drawings, and measurement tolerances. Where applicable, include sampling plans, calibration certificates, and chain-of-custody procedures to substantiate test results.

Previous Reports

Prior inspection or audit reports that demonstrate historical compliance and inform scope; include corrective action histories to contextualize current certification needs and expected remediation.

Insurance Certificates

Proof of liability, professional indemnity, and workers' compensation coverage with policy numbers and effective dates; confirm coverage limits meet contract requirements.

Certifying Body Docs

Accreditations, scope of accreditation, and any documented interpretation from the certifier that affects testing criteria or acceptance.

Frequently Asked Questions

Answers to common questions about preparing, signing, and enforcing a Contract Agreement for Certification Work in U.S. jurisdictions.


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