Whilst Building Contracts include the Housing Industry Association (HIA) or Master Builders Association legal requirements, they are large documents and are not always identical from builder to builder. Not all provisions of the Standard Building Contract are fair and reasonable. In our experience, terms and conditions are simply not understood by consumers.
If you are considering signing a building contract, but are uncertain whether or not your rights and building contract law are fairly protected and adhered too, it is advisable to have the contract reviewed by a professional and provide advice as to the reason-ability of its provisions.
A building contracts will contain a list of provisions relating to:
- The building to be constructed
- Its location
- Its cost
- Timeframe of construction
- Materials to be used
- The rights and responsibilities of each party
- Professional standards to be used
- Payment
- Inspections
- Rectification
- Warranties
- Indemnities and
- Other specific provisions that are relevant to the type of building being built.
Provisions of building contracts
It is important to review all the provisions of the building contracts to determine the following:
- whether the contract is fair;
- whether any provisions are unlawful, illegal or unreasonable; and
- what provisions are missing?
This could safeguard your rights and general advice concerning the negotiation process before the contract is executed and work commences.
There are many things to look out for when entering into a building contract including but not limited to the dangers that may be experienced where progress payments are weighted heavily in favour of the early construction stages, circumstances in which the price payable under the Contract may vary after the signing of the contract, damages for late completion and how much should reasonably be allowed in the particular circumstances of each case and many more.
Hunter Legal & Conveyancing provides a building contract advice service that includes a full review of the building contracts, a face to face meeting if required or phone consultation to ensure that you have no surprises relating to the executed contract. Once we have reviewed the contract and spoken with you we will provide you with a comprehensive letter of advice for your ease of reference.
Prevention is always better than cure and this especially applies to build issues as it can be a costly process if the wrong contract is entered into and preferably owners should seek advice regarding the Building Contract before it’s signed. This way, the advice given will highlight the changes that should be made to the contract before it is signed.
Call our team now on 1300 224 828 to make sure you’re protected. or use our contact page.
