Browse Forums Building A New House 1 Oct 24, 2023 4:05 pm Hi, I'm about to sign the building contract with a building company (Masterton.) Should I have the contract checked by a lawyer before I sign it? I presume, the contract is the same for all customers. Is there a risk in not getting it checked by lawyers? I would appreciate your thoughts/opinions. Thank you. Re: Should a building contract be checked by lawyers? 2Oct 25, 2023 9:08 am The worst thing you can do is sign a building contract without a pre contract review. Over the years many people have come to me with disputes where they just signed building contract thinking less than buying shoes, to their regret. Your pre contract review is your most important inspection, Why? Its because if you have signed off on a bad deal you are stuck. There are many independent inspectors mentioned on this forum but none offer a pre contract review? Why? Because they just dont have the top end qualifications and experience. As far as I know I am the only expert offering that service. Yes you can go to the lawyer and that is fine however it has limited benefits. Why? Usually they only know about the law. Have they inspected thousands of homes for pre purchase where they get to see how the house elements perform in time? Have they inspected thousands of homes during construction stages and learned from the experience, knowing problem hot spots? Have they dealt with thousands of building contracts, knowing hot spots for disputes? Have they dealt with hundreds of building disputes, knowing what to avoid? Have they managed building to instruct you and alert you to what to expect. Can they review drawings, critically looking at the design and levels, looking for hot spot problems? If you are in Victoria we can have one on one, otherwise via zoom or I can do a desktop review for you. 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: Should a building contract be checked by lawyers? 3Dec 29, 2023 9:47 pm I did and the report told me nothing about risks that I hadn't already identified myself. In saying that I didn't have complete confidence that I was interpreting it properly so it was just peace of mind really. Re: Should a building contract be checked by lawyers? 4Jan 01, 2024 6:36 am With regard to new builds - Formation of contracts are intended to preserve snd protect the consumer, they are built to protect the customer. Your main issues from a non construction background are.unknown costs. These factors are built into thr contract known as provisional sums. There are things that can occur which can cost more and are not the builders fault. It is all in terms of investigating your site. Do this. Become knowledgeable at items which can incur costs. You don't have the be Construction minded. Just know a thing or two. Sloped sites for example is one. Provision of existing services are another. Council levies. The rest is well documented on what is getting built for a stipulated price. Re: Should a building contract be checked by lawyers? 5Feb 07, 2024 9:06 pm While it's true that many building contracts might follow a similar template, there can still be nuances and clauses specific to your situation that could benefit from legal scrutiny. Having a lawyer review the contract can offer you peace of mind and ensure that your interests are fully protected. Re: Should a building contract be checked by lawyers? 6Feb 08, 2024 7:09 am A review may not result in significant changes to protect you better, but it can still be worthwhile. You need to understand your contract, and how to act to enforce the rights that it gives you. A good legal review should do that, not just identify clauses that you can try (and fail) to renegotiate with the builder. Re: Should a building contract be checked by lawyers? 7Feb 08, 2024 7:43 am SJT76 A review may not result in significant changes to protect you better, but it can still be worthwhile. You need to understand your contract, and how to act to enforce the rights that it gives you. A good legal review should do that, not just identify clauses that you can try (and fail) to renegotiate with the builder. That is actually a really good succinct explanation as to why you should have a lawyer check your contract, especially the HIA one and any special conditions. The likely hood of the builder allowing changes to their contracts are next to zero, but understanding your rights and enforcement procedures is critical. Great explanation! Architectural Homes & Duplexes - specialising in custom designing homes to your budget Get a Free Onsite Consultation Today or send a PM for information, questions or advice. Re: Should a building contract be checked by lawyers? 8Feb 09, 2024 6:01 pm I've decided, after a period of confusion (my building broker told me it's probably not worth it to use a lawyer, but others have said it is a must) that I definitely will use a lawyer to review the contract. My main reasons are that I want to fully understand the contract and all of the terms that need adhering to, and also that I want to make sure if we should put any clauses in/ask to have any clauses taken out, I want to make sure it is all done properly. Lawyers reviewing contracts happens all the time in business, why wouldn't it happen in building?? Also, has anyone requested their builder be negotiable on contract terms with success? I am hearing a lot of people saying there is no way they'd agree, but I'm keen to hear on those who had no problems finding a builder who would negotiate. Hi All, I just wanted to close this topic out with an update. So we ended up agreeing to a number with the insurance company, and after an extensive amount of hand… 8 24418 You talk about deletions, are they variations or PS and PC adjustments? pleas list them 1 17022 |