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Contracts-Specialist
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Contracts-Specialist

Joined 18 May 2021
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5
Oct 13, 2021 1:30 pm
We are building a new custom build and have recently considered a cost plus contract in consideration of the current issues in delay of materials e.g. timber. We are looking at the contract template provided by the Master Builders Association and wondered if anyone has experience of using this kind...
Hi @Jacinta Rich Contracts issued by the Master Builders Association are generally written to favor builders, hence, yo...
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9
Oct 12, 2021 12:19 pm
Hi Everyone, Hope you are well! I am a new member and need your advice. I bought an "house and land" package in West Sydney in March 2021. The land size is 396 sq. meters and two floors house built up area is 244 sq. meters. The land has been settled in April 2021 and the house constructi...
Hi @tarunkumar Whether the variations, and the corresponding charges, are allowable, depends on what your contract says...
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8
Oct 11, 2021 10:23 am
We're currently building our new home and specified 2700mm ceiling heights on the ground floor. Upon inspection today from Slab to plaster ceiling, it came in at 2640mm. Once we put on the floorboards, it will probably be around 2630mm. So 70mm difference from the plans. Surely this can't be an acc...
Hi @ksun1985 If your builder does not build according to plan, and does not rectify the mistake, you may try to resolve...
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8
Sep 28, 2021 1:15 pm
Hi all, I am in the stages of reviewing and signing a building contract. I just wanted to check if this process seems ok: Obtain conditional finance approval from the bank (pre-approval) Sign building contract and pay 5% deposit Building plans submitted for council approval Approved building plans ...
Hi @an3035, You should not pay a deposit until you receive the Home Warranty Insurance. It is a breach of the Home Buil...
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37
Sep 28, 2021 1:06 pm
Hi Guys, Need some advice about a scenario I am facing. I had paid a builder initial deposit (says non refundable) of 2000$ based on there initial quote and inclusions list we discussed verbally. They then gave me an HIA contract with the same contract price as discussed and even a draft drawing. H...
Hi @sparshrohatgi It is possible that the Builder is breaching or repudiating the original agreement. If there is no Co...
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5
Sep 28, 2021 1:02 pm
Hello Everyone, Need help! We signed HIA fixed price build contract couple of months back and got finance approved for our first home in SE QLD. Now, the builder says he can't honor the contract due to price rise and has sent the revised contract increasing the price by more than 15 grand. I can't ...
Hi @ash19 It is possible that the Builder is breaching or repudiating the Contract. With the current surge in material ...
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14
Sep 28, 2021 12:57 pm
Hi - we are in Vic and would like to understand whether the final payment is due as soon as the occupancy permit is issued? We were advised by the building authority that if there are any claims to be made against the builder then it should have been done before the occupancy permit being issued? T...
Hi @GHEG You need to read your particular contract. Often, the contract prescribes upon completion of the stage of work...
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9
Sep 22, 2021 6:44 pm
I have signed a tender with my builder but have not seen or signed the building contract yet. On the tender it states that there is a $1500 admin fee for changes to the plans made after signing the tender. However, during the sales process the salesman told me that minor changes wouldn't attract th...
Hi @an3035 Assuming you are in NSW, then the Home Building Act applies. You should refer to section 7 of that law. It b...
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5
Sep 17, 2021 10:34 am
We've just signed a contract to build our new home. Shortly after our builder sent us a variation request for gutter on brickwork due to build-to-boundary. The gutter cost is around $400 - $550 per metre. This seems insanely high to us. We're new to building and want to get a feel for if this type ...
Hi @mintyLeaves Yes, the builder may charge to increase the price, but, you need to read the contract to know your righ...
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20
Sep 17, 2021 10:27 am
[EDIT: title change] Hello h1 brains trust, This first home buyer is in need of your collective wisdom and advice. Grateful for anything you can share that could help me out of this. Long story short(ish): I purchased a specific lot (untitled) on the say-so of a volume builder to build a specific d...
Hi @awkwajena One option is, you could sell the land and look to build your dream home elsewhere. Cheers, John
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1 person likes this.
4
Sep 17, 2021 10:22 am
I have signed a tender with my builder but have not seen or signed the building contract yet. On the tender it states that there is a $1500 admin fee for changes to the plans made after signing the tender. However, during the sales process the salesman told me that minor changes wouldn't attract th...
Hi @an3035 Assuming you are in NSW, then the Home Building Act applies. You should refer to section 7 of that law. It b...
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10
Aug 19, 2021 4:54 pm
Hi all, New member here. I hope it's ok posting in this section, as this property is a fairly new build. I've recently purchased and moved into a double storey townhouse (1 of 4 in the development) which was built in 2016. Steel frame construction. I've found when someone is walking upstairs, a ver...
Hi @yesplease It is not clear whether the issue is a defect, breach of contract, or breach of some other obligation of ...
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4
Aug 18, 2021 7:49 pm
Hello, we are building in NSW with Masterton. We signed our contract in 2019 (pre COVID) with the HIA contract edition 8a. Clause 19 is delays and extensions of time and our building is claiming an extension of time under 19.1 (b) an act of God, fire, explosion, earthquake or civil commotion due to...
Hi @Helentres This is currently a contentious issue that many projects are experiencing. It is costly to escalate contr...
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3
Aug 18, 2021 7:43 pm
Hi guys, I would like to ask for some advice. Has anyone opt out from a HIA contract before? Currently at the stage where I’ve signed the contract, layout and paid the preliminary deposit. Haven’t heard back from the builder and no prestart has been done yet. As far as I know the layout might not b...
Hi @dydx88 You should refer to your contract. It will specify the events and circumstances that gives rise to either pa...
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5
Aug 18, 2021 7:11 pm
Hi, urgently needing to know whether plans for complying development in NSW have to fully comply with the Building Code? We assume yes but our drafter provided us with plans which do not fully comply (one bedroom does not have ceilings that are at least 2.4m high over 2/3rds of the room). The draft...
Hi @being_Ripped_Off It sounds like the draftsman may have made a mistake. You might want to refer to your contract wit...
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4
Aug 04, 2021 10:23 am
Hi everyone, I’m at the early stage of a knock down rebuild project in Sydney’s eastern suburbs. A bit overwhelmed by the whole process. I have spoken with quite a few draftsmen/ architects and builders. At this stage I’m leaning towards using an architect recommended by one builder to go through C...
Hi @savagepuppy It probably doesn’t hurt to get alternative quotes from builders. Even if you intend to work with the r...
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8
Jul 29, 2021 8:04 pm
Hello, Our house renovation drawings specify 13mm plasterboard for all internal walls, however, I noticed our builder has used 10mm instead without telling us. It very much seems like a cost-saving for the builder as 13mm is double the price of 10mm. I know there are 10mm plasterboards suitable for...
Hi @bc89 You might want to consider whether or not the works breaches section 18B of the Home Building Act. It may or m...
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6
Jul 25, 2021 11:16 pm
Looking for advice here. We purchased a block of land in a new estate in October last year. The land is yet to title. In February this year, the developer got into a dispute with the gas distributor and refused to pay the $4m they were asking for, so now there will be no gas supplied to the estate....
Probably worthwhile reading your contract for your options.
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7
Jul 25, 2021 11:05 pm
I'm new to researching home building, but aren't you not permitted onto the site for "safety" reasons? Wouldn't any photos be deemed inadmissible? The photos probably would be admissible in the Tribunal. But the Builder might exercise his rights under the Contract. Some contracts would al...
The photos probably would be admissible in the Tribunal. But the Builder might exercise his rights under the Contract. ...
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3
Jul 16, 2021 8:59 pm
Do you need to go through a lawyer in order to take your builder to VCAT? Hi @jm7821 Nope. Just go to the website of VCAT and apply online. Make sure to check the VCAT site to see whether or not your matter should first be referred to the DBDRV(Domestic Building Dispute Resolution Victoria) prior t...
Hi @jm7821 Nope. Just go to the website of VCAT and apply online. Make sure to check the VCAT site to see whether or no...
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