Browse Forums General Discussion 1 Mar 07, 2011 8:22 pm Hi, we are going in to sign our building contracts soon and was wondering if it's worth while to get a solicitor in to look over them. Id like to hear from people that have and havnt used a solicitor and get your thoughts on whether its needed or not. Thanks Brenton. Re: solicitor for building contracts 2Mar 07, 2011 9:00 pm If its a HIA or Master Builders Contract I wouldn't bother. They are governed by fair conditions acts of Government. I have worked with contracts all my working life and consider them quite fair contracts. If you pay a solicitor and he changes things the builder may either refuse the proposed contract or put his prices up. Regards The Harder You Try - the Luckier You Get ! Web site http://www.anewhouse.com.au Informative, Amusing, and Opinionated Blog - Over 600 posts on all aspects of building a new house. Re: solicitor for building contracts 3Mar 07, 2011 10:43 pm I know a volume builder in Victoria who does not use the standard HIA New Homes Contract (Plain English Contract For Domestic New Homes October 2004). Instead, HIA has created a New Homes Contract 2008 that is customized for that specific volume builder. I am assuming that the volume builder had asked the HIA to make a tailor made contract, to give itself an advantage over the consumer. Re: solicitor for building contracts 6Mar 11, 2011 7:51 pm I agree with Bashworth, if it's a standard HIA or MBA contract then you're fine. As a side note; if it's a builder that uses one of those contracts, they're unlikely to add any special conditions or change the contracts to suit you anyway. I'd check first if they're open to other conditions or contracts before spending money on a solicitor. Re: solicitor for building contracts 7Mar 11, 2011 10:00 pm I have to say I think you would be very very wise to get a solicitor to look over yuor contract. My parents signed a renovation contract for 200k three years ago. The house still isnt satisfactorily finished, the builders registration is a complete waste of time and there are things that had my folks known would have put in the contract. For example 1. there is a weather clause that states that weather can cause delays. It can be argued by the builder that if there was any rain on a particular day that, that was a a no show day, even if it didnt rain where your house is. 2. Put a clause in about rent rebate for you if they go over time. An incentive for them to finish. There have been so many other things that we wish we had done but cant remember. My wording is not accurate but you get the jist of it. If we were to ever build with a builder again we would not sign a contract until we had seen a lawyer. You use a settlement agent to buy a house, why should a building contract be different. Re: solicitor for building contracts 8Mar 12, 2011 6:17 am Quote: For example 1. there is a weather clause that states that weather can cause delays. It can be argued by the builder that if there was any rain on a particular day that, that was a a no show day, even if it didnt rain where your house is. 2. Put a clause in about rent rebate for you if they go over time. An incentive for them to finish. Some comments The solicitor can't do much about weather clauses. Its an enforcement issue. You need to keep records of the weather on site. The standard contract includes a clause on additional costs like rent if the building overruns, its called Liquidated Damages. The issue is getting the builder to agree at a reasonble cost. For instance on my standard house build with a period of a year the amount was $250 a week. Now builders are offering periods of a year I have heard of amounts of $1 a week. If you want a higher amount the builder just puts thousands on the contract price. The Harder You Try - the Luckier You Get ! Web site http://www.anewhouse.com.au Informative, Amusing, and Opinionated Blog - Over 600 posts on all aspects of building a new house. Industry type domestic contracts are prepared by industry bodies for the benefit of the builders. This means that if you are the owner watch out. One of the points is… 0 3226 MBA and HIA both have sub contract agreements, check them out 2 7315 |