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Master Builder contract: Brisbane solicitor recommendations
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Author:  alfabeta [ Mar 16, 2010 10:43 pm ]
Post subject:  Master Builder contract: Brisbane solicitor recommendations

Hi all,
Some of the builders I have investigated specifically use the Master Builders Association contract.

i was wondering if anyone could recommend a Brisbane based solicitor who has experience with these contracts?

Did anyone sign their contract without having a solicitor look over it?

Did anyone find any nasty surprises in their contract down the track?

Regards
Alf...

Author:  tsurf [ Apr 14, 2010 3:20 pm ]
Post subject:  Re: Master Builder contract: Brisbane solicitor recommendati

Hi alfabeta. i've already pm'd you about something different. Stay away from the MBA/BSA contracts. They are designed to advantage the builder only. The HIA contract, though still flawed, is the only contract worth signing in Qld. It gives the owner alot more legal rights and the BSA still by law has to insure you if anything goes wrong. . Do not deal with builders that use anything other than an HIA contract.

Author:  kesawi [ Apr 18, 2010 12:13 pm ]
Post subject:  Re: Master Builder contract: Brisbane solicitor recommendati

tsurf tsurf
Hi alfabeta. i've already pm'd you about something different. Stay away from the MBA/BSA contracts. They are designed to advantage the builder only. The HIA contract, though still flawed, is the only contract worth signing in Qld. It gives the owner alot more legal rights and the BSA still by law has to insure you if anything goes wrong. . Do not deal with builders that use anything other than an HIA contract.


I'm in a similar situation and have read through both the HIA and QBSA contracts and have to disagree with tsurf. For my personal situation I believe the QSBA major works contract is more balanced than the HIA contract (note the following is my interpretation and doesn't constitute legal advice):
  • HIA states the Owner must pay the progress claim regardless, whereas QBSA allows the Owner to dispute the claim.
  • HIA requires the Owner to give exclusive possession of site and restricts Owner access whereas QBSA allows Owner to have greater access.
  • HIA appears to allow the builder to claim variations due to omissions on the part of the builder, whereas QBSA specifically excludes this.
  • HIA states a specific licence fee for use of the plans by the Owner produced by the builder, whereas QBSA gives the Owner a licence to effect the work under the plans.
  • HIA has limited circumstances where the Owner can terminate the contract.
  • Under HIA the builder can suspend the works and terminate the contract for more reasons.
  • HIA doesn't contain a procedure for the owner disputing variations where as the QBSA contract does.

Personnally I would never build under a HIA contract for the reasons above.

Get your own independent legal advice on which building contract is best for you. Remember you are the one paying the money and therefore the choice of contract is up to you. If a contract is less favourable to a builder then they have the option to incorporate that into their price.

Author:  tpin70 [ Apr 18, 2010 12:52 pm ]
Post subject:  Re: Master Builder contract: Brisbane solicitor recommendati

kesawi kesawi
tsurf tsurf
Hi alfabeta. i've already pm'd you about something different. Stay away from the MBA/BSA contracts. They are designed to advantage the builder only. The HIA contract, though still flawed, is the only contract worth signing in Qld. It gives the owner alot more legal rights and the BSA still by law has to insure you if anything goes wrong. . Do not deal with builders that use anything other than an HIA contract.


I'm in a similar situation and have read through both the HIA and QBSA contracts and have to disagree with tsurf. For my personal situation I believe the QSBA major works contract is more balanced than the HIA contract (note the following is my interpretation and doesn't constitute legal advice):
  • HIA states the Owner must pay the progress claim regardless, whereas QBSA allows the Owner to dispute the claim.
    you are protected in this clause by the bank loan contract. Remember the loan contract is not just between you and the bank the builder also has responsabilities to the bank If there is a dispute
  • HIA requires the Owner to give exclusive possession of site and restricts Owner access whereas QBSA allows Owner to have greater access.
    the owner has full access to the site at anytime. construction and OH&s rules do apply though
  • HIA appears to allow the builder to claim variations due to omissions on the part of the builder, whereas QBSA specifically excludes this.
    Im not 100 percent sure on this .. I dont have a contract in front of me at work but that said any variation needs to be justified before it is actioned.
  • HIA states a specific licence fee for use of the plans by the Owner produced by the builder, whereas QBSA gives the Owner a licence to effect the work under the plans.
    this clause is to protect the intelectual rights of the builders plan. That said there also protections in place with the contract in the event of the builder not being able to complete the build requireing someone else to complete
  • HIA has limited circumstances where the Owner can terminate the contract.
  • Under HIA the builder can suspend the works and terminate the contract for more reasons.
    when you really look at this clause most of the reasons given are to stop the owner standing on the site and trying to direct traffic by telling different contractors what to do and when
  • HIA doesn't contain a procedure for the owner disputing variations where as the QBSA contract does.
the dispute process! if something is not correct you follow the disputes process
Personnally I would never build under a HIA contract for the reasons above.

Get your own independent legal advice on which building contract is best for you. Remember you are the one paying the money and therefore the choice of contract is up to you. If a contract is less favourable to a builder then they have the option to incorporate that into their price.


my points are not legal advice. I am not a representative of HIA or a fanboi .. We are currently building and Went down this road before signing our contract. We had it looked at by our solicitor as well as our independant building inspector. Both parties advised it is a very good contract, its not the best but by no means the worst. It is a little bit for the builder but there are also a lot of protections for you on the banking finance contractual side of things

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