Browse Forums Building A New House Re: Should we get building contract looked at by solicitors? 2Feb 03, 2009 1:37 pm Blog - http://snakedr.blogspot.com/ Build Thread - viewtopic.php?f=31&t=12084&p=307406#p307406 Status - PCI 15/10. Things nearly done. Re: Should we get building contract looked at by solicitors? 3Feb 03, 2009 1:46 pm Building Thread viewtopic.php?f=31&t=13002 Site start: 8th July 2009 Handover: 11/12/2009! 5 months total build time. 40 sqs of luxuary...Bliss! Re: Should we get building contract looked at by solicitors? 4Feb 03, 2009 2:51 pm --- I don't have a signature - just this sentence saying that I don't have one - that'll do! Re: Should we get building contract looked at by solicitors? 5Feb 03, 2009 2:56 pm Stevep79 & Principessa Finished building Wisdom Homes Impression 33mkII in The Ponds, Sydney http://lilypadintheponds.blogspot.com Re: Should we get building contract looked at by solicitors? 9Feb 03, 2009 9:05 pm 'A bottle of wine contains more philosophy than all the books in the world.' Louis Pasteur Vegie garden: viewtopic.php?f=19&t=27637&start=0 My Backyard Adventure should we get a building contract looked at by a solicitor 10Feb 03, 2009 9:21 pm JNR... what is meant by "this is where the tricky stuff resides" ? Trust in the Universe Re: Should we get building contract looked at by solicitors? 11Feb 03, 2009 9:46 pm These are the conditions that are additional to those seen in the standard contract. The "tricky stuff" is a reference from a legal standpoint. JNR - Once bitten, twice shy. should we get a building contract looked at by a solicitor 12Feb 03, 2009 9:54 pm Thank you..but do you mean "tricky" as in dishonest ? or do you mean "tricky" as in difficult to understand. My solicitor friend has advised me that builders today generally use a HIA form of contract which I believe is a broad based document and then they add the clauses to make it more in line with the particular block they are building on or more particular any unusual circumstances that may exist.... Trust in the Universe Re: Should we get building contract looked at by solicitors? 13Feb 03, 2009 10:10 pm From a legal standpoint, tricky means difficult to understand to the layperson. Builders have an advantage in this instance. They deal with many contracts in any given year. Home buyers will see maybe one or two in a life time and are making a large commitment, emotionally and financially. They must be fully aware of their obligations, when they sign the contract. Most disputes arise out of misunderstandings. JNR - Once bitten, twice shy. should we get a building contract looked at by a solicitor 14Feb 03, 2009 10:31 pm But essentially isn't our quote to build our plain Englsh contract as such... dosen't that in simple terms tell us everything we are getting. I mean if we are building a simple project home for example what "tricky" bits can reside in a contract. Surely today in the general market we are talking about the ******* builder who hides behind 'tricks"in a contract was weeded out years ago by the authorities and us the consumers. Sure we are going to get caught for a bit of rock or unsuitabe ground if it exists but what else could hammer us... I don't think the majors for one minute would base their business on gaining an advantage out of a "tricky" special condition in a contract... surely the industry has come further than that in the last 20 years.
I like "billds" comment "we used a solicitor for our land purchase, which was great ...we then asked him to review our building contract, which was a waste of money... most of the building contract should be the default HIA contract, and the rest is pretty much common sense we just ensured we have everything we want in the original contract so its fixed price and we know what we're getting and its simple, so i personally wouldnt have a solicitor review the building portion again"... and i think that will be my attitude to a building contract when i find my builder... use a reputable builder, get your imput into the quote and get it right...right for you.... and then enjoy the experience... it spoils the fun looking for the 'tricky" bits Trust in the Universe Re: Should we get building contract looked at by solicitors? 15Feb 03, 2009 10:38 pm bel Steve - did you buy the blank contract from the HIA website? Nope, sorry Bel. My fiancee is a solicitor :p They deal with this sorta stuff every day. Hopefully someone else can tell you how to get one. Your builder should be able to provide you with a blank copy of their contracts before you go ahead as well, that's what ours did without us needing to ask. Robbuilding I mean if we are building a simple project home for example what "tricky" bits can reside in a contract. There's nothing really tricky, it's more to do with seeing what build time they specify before you receive damages, ours says 26 weeks, some say 8 months, etc. Just make sure it's a "reasonable" time frame. Also, builders tend to default to $15 per day for liquidated damages, others say $1. That is probably the biggest thing that can get argued. That liquidated damage figure is supposed to reimburse you for the time they go over the contract that is not due to weather and those sorts of things, anything that is their fault. I believe that you should be allowed to increase liquidated damages to cover the extra rent you are paying. Stevep79 & Principessa Finished building Wisdom Homes Impression 33mkII in The Ponds, Sydney http://lilypadintheponds.blogspot.com Re: Should we get building contract looked at by solicitors? 16Feb 03, 2009 10:45 pm the hia contract is pretty easy to read through, it is written for the buyer to make this easy and if they have added anything you should be able to spot it , but do read it to check they havent added anything odd or tricky
ive picked and changed our building contract for weeks to get it right but mostly to add inclusions or specify the items i want to see or notes on how i want things to be done, that way there can be no tears once its done friends of ours signed up with their builder the first time they spoke to him without checking or noting anything, in my books that is how people get burnt Blog - http://snakedr.blogspot.com/ Build Thread - viewtopic.php?f=31&t=12084&p=307406#p307406 Status - PCI 15/10. Things nearly done. Re: Should we get building contract looked at by solicitors? 17Feb 03, 2009 11:36 pm [quote="stevep79]Also, builders tend to default to $15 per day for liquidated damages, others say $1. That is probably the biggest thing that can get argued. That liquidated damage figure is supposed to reimburse you for the time they go over the contract that is not due to weather and those sorts of things, anything that is their fault. I believe that you should be allowed to increase liquidated damages to cover the extra rent you are paying.[/quote]
Hi Steve79, Have you had any luck negotiating this with Wisdom? or you are not at that stage yet? (I believe you are holding onto your contracts so you can put in your submission to SEPP instead of Council after the 27 Feb and be the guinea pig! )... Re: Should we get building contract looked at by solicitors? 18Feb 04, 2009 1:53 am My opion - YES YES YES you should get a conveyancor/solicitor to look over your contract.
At the very least make sure it is fully subject to finance... http://forum.homeone.com.au/viewtopic.php?t=6540 After 2 false starts, a year living overseas, two more world trips and 3 years of uncertainty we are now starting the build process again - hopefully for real this time! Re: Should we get building contract looked at by solicitors? 19Feb 04, 2009 1:05 pm Better be safe than sorry. Legal advice cost is neglible compared to the money you are spending on your home.
Think of it as another insurance policy you need to get for your home. Re: Should we get building contract looked at by solicitors? 20Feb 04, 2009 1:15 pm why don't you just read through your docs yourself. One page at a time.
Anything that doesn't make sense to you, have someone explain it to you until you are satisfied. Keep notes of your thoughts... Annie A thankful person is a happy person. [/color]My hobby design blog: http://aviewondesign.blogspot.com/ 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… 7 27906 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 23348 You talk about deletions, are they variations or PS and PC adjustments? pleas list them 1 16455 |