Browse Forums General Discussion 1 Oct 06, 2014 6:51 am Hi fellow heartlanders, We are new to the whole buying and building thing. Just wondering, is it the conveyancer who reads through and explains the contract to us as there are so many pages and things to read which we barely understand. Re: Who reads through and explains contract? 2Oct 06, 2014 7:11 am Talz01 Hi fellow heartlanders, We are new to the whole buying and building thing. Just wondering, is it the conveyancer who reads through and explains the contract to us as there are so many pages and things to read which we barely understand. read this http://www.buildingexpert.net.au/new-home-sign.htm Foremost Building Expert in Australia,assisting with building problems/disputes, building stage inspections,pre-contract review advice for peace of mind 200 blogs http://www.buildingexpert.net.au/blog Re: Who reads through and explains contract? 3Oct 06, 2014 11:47 am You will find a fair bit of advice on contract terms at this Link http://www.anewhouse.com.au/category/co ... documents/ 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: Who reads through and explains contract? 4Oct 06, 2014 2:20 pm Talz01 Hi fellow heartlanders, We are new to the whole buying and building thing. Just wondering, is it the conveyancer who reads through and explains the contract to us as there are so many pages and things to read which we barely understand. Just work your way through it. ITs plain English so whats the problem? Re: Who reads through and explains contract? 6Oct 07, 2014 6:58 am qebtel Talz01 Hi fellow heartlanders, We are new to the whole buying and building thing. Just wondering, is it the conveyancer who reads through and explains the contract to us as there are so many pages and things to read which we barely understand. Just work your way through it. ITs plain English so whats the problem? Anyone can read plain English but understanding what they read is something entirely different. My experience is that many people have problems understanding drawings, levels site elevations, drainage, provisional sums, retaining wall etc etc. Many of my clients are fairly new to this country and have no hope of understanding contract documents. Administrator can help but the explanation will be from builder's point of view and not necessarily complete and full disclosure. Also, how is someone who has not built before going to anticipate where possible problems may come from and when they do who is going to assist them? Apart from some basic checking pre contract consultation is also partly educational to prepare home owner for the process ahead so they can hit the ground running. This is what we do: http://www.buildingexpert.net.au/blog/b ... -anything/ Foremost Building Expert in Australia,assisting with building problems/disputes, building stage inspections,pre-contract review advice for peace of mind 200 blogs http://www.buildingexpert.net.au/blog Re: Who reads through and explains contract? 7Oct 07, 2014 9:30 am Talz01, it is important to remember that when it comes to building work, the contract (and any subsequent variation orders) is the most important document. If you have verbal conversations with the builder to make changes, these must be translated in the contract or a variation order. Verbal promises by a builder mean nothing. Do not sign a contract until you are happy with the content - do not sign it if something has to be added to it (as it might never eventuate and then you can be stuffed if something goes wrong). You can negotiate a contract and you can make written changes on the contract as long as all parties concerned sign the changes. (ie my building contract did not have the hallway included in the construction work and i put this in at every relevant point of the contract). An important term to understand is Liquidated damages, for when the builder goes over the completion date (without valid reasons as per the contract) and the client gets compensated. Do not sign zero, nil etc even if the builder promises to build within the time specified. Make sure you put in a reasonable amount. The Fair Trading or Consumer Affairs department in your state/territory should have information on building contracts that you will find helpful. I think that it is great you are asking these questions. Building Expert has good information on his website. Good luck with it all - but remember, there are no stupid questions and always ask if you need to understand something. Building and renovating is a serious business and you need to be informed and empowered as a consumer. Re: Who reads through and explains contract? 8Oct 07, 2014 11:26 am You could also seek advice from a lawyer. I went through my land purchase contract (had numbers of conditions which were heavily in favour of the land developer and whilst I knew they probably wouldnt entertain amending any of the contract terms for me, because there was demand for the land, it was then important for me to understand what my risks would be. I went through and made a list of questions referencing it to each contract clause. I didnt' want to pay my lawyer to try and understand poor written/worded questions on my part that were hard to relate to the contract references! This cost me about $600 and i felt I got awesome advice. I am going to do the same with some clauses around my build contract too. I see it as a small % of what you're spending on the actual land and build compared to the cost of the risk of things going wrong! Re: Who reads through and explains contract? 10Oct 09, 2014 6:12 am qebtel Agree with Beazely. I would make sure it is a lawyer that specialises in building contracts - not just any lawyer. The choice of using a lawyer specialising in building contracts to review your contract before you sign is a good one. However lawyers won't have "on the ground" technical and practical building experience. This then will still leave you with a black hole of knowledge in areas of compliance, design/drawing review and technical building matters and you will still need to employ your own inspector for stage inspections. Foremost Building Expert in Australia,assisting with building problems/disputes, building stage inspections,pre-contract review advice for peace of mind 200 blogs http://www.buildingexpert.net.au/blog Re: Who reads through and explains contract? 11Oct 09, 2014 11:17 pm qebtel Agree with Beazely. I would make sure it is a lawyer that specialises in building contracts - not just any lawyer. Yes, good point I didn't mention. And ask for evidence of projects the lawyer has previously worked on to help you feel confident in choosing one, or recommendations from others. Re: Who reads through and explains contract? 12Oct 19, 2014 9:46 am Hi everyone, So should I employ a lawyer or a building consultant (like Building Expert) to review the contract with me, or both? And where would I find the right kind of lawyer? My builder is pushing me to have contracts signed by end of December, which I don't mind but I do need to arrange who is going to help me check the contract. Thanks, Re: Who reads through and explains contract? 13Oct 24, 2014 5:27 pm i would 100% go with a building expert,the building laws must be also understood practically, something no lawyer can do,a building expert will know everyones angles from every direction,hire a building expert from contract to completion, then watch your build go lots smoother with no mixed truths coming out of the builders mouths. Re: Who reads through and explains contract? 14Mar 30, 2015 10:51 pm Hi Everyone, we are about to receive our building contract and would like to engage either a lawyer or Building Expert to go through the contract. Where can we find a database of Building Experts in Perth WA? Or some recommendations? Thanks! Re: Who reads through and explains contract? 15Apr 03, 2015 5:35 pm Same here who to contact in perth? You talk about deletions, are they variations or PS and PC adjustments? pleas list them 1 12063 Go to an actual paint store, not bunnings. Dulux even have trade centers. Don't have to be a trade to but their paint. 1 14094 yep sounds good make the footing bigger to to allow for the pipe in the middle 3 5303 |