Browse Forums Building A New House 1 Mar 16, 2009 10:09 am Hi There,
We are building with Simonds and have contract appointment this week. Builder uses HIA contract. Could anyone suggest if we must use a solicitor .. considering that its an HIA contract and I am no sure if we can vary anything much even when using a solicitor. Could people who have signed HIA contracts (esp with Simonds) please advise ? Any other tips regarding contract signing ? Land Settled 27/04/09. Site Started 30/4/09. Slab poured 21/5/09. Frame up 27/5/09. Building thread : viewtopic.php?f=31&t=15699 Re: HIA contract ... should we use a solicitor? 2Mar 16, 2009 10:36 am Read these; they might be helpful :
http://forum.homeone.com.au/viewtopic.php?t=12437&highlight=hia+contract http://forum.homeone.com.au/viewtopic.php?t=12040&highlight=hia+contract http://forum.homeone.com.au/viewtopic.php?t=4910&highlight=hia+contract http://forum.homeone.com.au/viewtopic.php?t=632&highlight=hia+contract Built the Eden Brae Cambridge 34 Family with Boston Corner Facade Re: HIA contract ... should we use a solicitor? 3Mar 16, 2009 11:38 am Thanks Southies!
I have had a look ... but not sure if anyone has used a solicitor. Would be interesting to know who has used one and wether or not it helped. Land Settled 27/04/09. Site Started 30/4/09. Slab poured 21/5/09. Frame up 27/5/09. Building thread : viewtopic.php?f=31&t=15699 Re: HIA contract ... should we use a solicitor? 4Mar 16, 2009 9:52 pm I used a solicitor and got some of the special conditions deleted. Nothing major, but it gives piece of mind in something went wrong.
For the amount of money you will be spending, I think the small investment in legal advice is well worth it. It's a bit like insurance, you'll only be thankful you have it when you actually need it. Paul Re: HIA contract ... should we use a solicitor? 5Mar 16, 2009 11:39 pm I had mine looked at by a solicitor, and some changes were made. I'm thankful for one of them, which would have been in our favour if our builder had actually gone into liquidation (rather than Deed of Company Arrangement). I think it was worth the money. BTW, the main thing they would not change is the liquidated damages. Maybe they've had to pay out too often?
Judie Re: HIA contract ... should we use a solicitor? 6Mar 16, 2009 11:46 pm Judie I had mine looked at by a solicitor, and some changes were made. I'm thankful for one of them, which would have been in our favour if our builder had actually gone into liquidation (rather than Deed of Company Arrangement). I think it was worth the money. BTW, the main thing they would not change is the liquidated damages. Maybe they've had to pay out too often? Judie Judie, can you remember some details about the change that was made with regard to the builder going into liquidation? Demolition August 2009, Construction Started September 2009, Completed December 2010 Re: HIA contract ... should we use a solicitor? 7Mar 16, 2009 11:59 pm The main changes are to Clause 33 and 35:
Clause 33. Ending the Contract - Insolvency 33.1 The builder may end this contract by giving the owner written notice by certified mail or personal service if the owner: (a) being a person, is or becomes bankrupt; or (b) being a corporation, is or goes into liquidation. Our change is: 33.1 Either party may end this contract by giving the other party written notice by certified mail or personal service if the other party: ... Clause 35. Effect of the Owner Ending the Contract 35.1 If the ownder ends this contract under Clause 32 which is Ending the Contract - Breach the owner must complete the building works and keep records of the cost incurred. Our change is: 35.1 If the ownder ends this contract under Clause 32 which is Ending the Contract - Breach and Clause 33 which is Ending the Contract - Insolvency the owner must complete the building works and keep records of the cost incurred. The solicitor I used had some experience with the Beechwood Homes epic and wouldn't budge on these two points. HTH Judie [/i] Re: HIA contract ... should we use a solicitor? 9Mar 17, 2009 7:07 am If your going with a big builder chances are they are using the standard HIA contract and you wont really have much luck getting anything changed.
I wont be getting mine checked '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 Re: HIA contract ... should we use a solicitor? 10Mar 28, 2009 10:03 pm To use a famous quote: "The game is rigged" Having read through this thread and other linked threads (and given the fall of Westminster) I'm suddenly having reservations in building a new home. Re: HIA contract ... should we use a solicitor? 11Mar 28, 2009 10:17 pm we didn't use a solicitor. we read everything, and felt like we understood everything.. We have had a great build so far (in final stages now) so we have not had the chance to test our theory, thankfully. If we were to build again.. I may go to a solicitor... especially in these uncertain times. -Sha Re: HIA contract ... should we use a solicitor? 12Mar 28, 2009 10:27 pm What are my chances of getting clauses changed in the HIA contract if I go with a major builder? is the million dollar question. I might as well buy a copy "NSW Residential Building Contract for New Dwellings" from the HIA website, since there might be a mad rush to signing in the hope I make the cutoff for the $21k. Have the solicitor on standby before my tender meeting. Re: HIA contract ... should we use a solicitor? 13Mar 29, 2009 6:47 am We are on a Master Builders Association (MBA) contract and didn't get a solicitor to review it before we signed because we felt relatively comfortable with it, even through we knew full well that the conditions are always in favor of the builder. Instead got advice from a Quantity Surveyor and two sections I would pay close attention to are Liquidated Damaged and Builders Margin. Always specify a cost per week in the liquidated damages section no matter what he builder says, most builds run late so this is the only real penalty you can impose on the builder and encouraging them to get move on. Specify a figure at least equal to or above the average cost to rent in the area you are building. Variations will happen during your build and they can quickly add up, if you have many of them you will start to get pretty peeved off knowing that builders take a healthy slice (in many cases for doing nothing more than quoting). Typical builders margins range between 10% - 25%, you can negotiate this or even better specify tiers. For example any variation under $2,000 incurs 20% margin, between $2000 and $10,000 incurs 15% and anything over this is 10%. You talk about deletions, are they variations or PS and PC adjustments? pleas list them 1 16569 10 12324 Unless there is something in special conditions the builder does not have to give you timeline. If your demolition contractor has not removed Asbestos and it was found… 12 28812 |