Browse Forums Building A New House 1 May 18, 2009 12:25 pm Hi all, I was wondering if anyone of you guys has had a solicitor to look at their contract before signing it ? My builder uses the HIA contract and I'm not too sure whether I should have it looked it by a solicitor or not Your advice is very much appreciated Cheers Re: Recommendation for a solicitor to look at the contract ? 2May 18, 2009 12:47 pm HIA is the standard contract, the only thing you need to worry about is the number of days and the penalty amount. Even if you get a solicitor to look at it and they recommend changes, it is highly unlikely that your builder will change it. '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: Recommendation for a solicitor to look at the contract ? 3May 18, 2009 12:51 pm lisanne HIA is the standard contract, the only thing you need to worry about is the number of days and the penalty amount. Even if you get a solicitor to look at it and they recommend changes, it is highly unlikely that your builder will change it. Cheers Lisa, I already had a chat with my builder about these points and he's willing to pay $500/week compensation for late handover with 5 months building time. Comparring to PD, it's pretty much the same. It's about 20 weeks building time. Re: Recommendation for a solicitor to look at the contract ? 4May 18, 2009 1:50 pm iTalk lisanne HIA is the standard contract, the only thing you need to worry about is the number of days and the penalty amount. Even if you get a solicitor to look at it and they recommend changes, it is highly unlikely that your builder will change it. Cheers Lisa, I already had a chat with my builder about these points and he's willing to pay $500/week compensation for late handover with 5 months building time. Comparring to PD, it's pretty much the same. It's about 20 weeks building time. PD's only $250 a week either way depending on who delays the build time The HIA contract is fairly standard to cover the builder mainly but also the buyer. Also outlines your progress payments etc. The building contract which your builder will give you and is about 60 odd pages thick is the contract outlining everything to do with your build. If you wish, you can have that overlooked by your conveyancer / solicitor to see if anything doesn't look right. ---------------------------------------- Building the PD Lisbon 24 http://www.porterdavis.com.au/#homeviewer/lisbon/24 Blog of our progress. http://lisbon24.blogspot.com/ Homeone build thread https://forum.homeone.com.au/viewtopic.php?f=31&t=28665 Re: Recommendation for a solicitor to look at the contract ? 5May 18, 2009 2:04 pm TimmyDunlop PD's only $250 a week either way depending on who delays the build time The HIA contract is fairly standard to cover the builder mainly but also the buyer. Also outlines your progress payments etc. The building contract which your builder will give you and is about 60 odd pages thick is the contract outlining everything to do with your build. If you wish, you can have that overlooked by your conveyancer / solicitor to see if anything doesn't look right. Well I'm going through a small volume builder, so that's the advantage 60 pages I need a whole day to read the whole contract. Do these contract include your variations and standard inclusions or just standrard statements written by HIA ? I'm trying to find out how builders combine your variations and standard inclusions WITH your contract !! Something I need to ask the builder about... Cheers Re: Recommendation for a solicitor to look at the contract ? 6May 18, 2009 2:24 pm i'm in a similar positin to iTalk but we are building with a volume builder. we have signed a HIA contract and subsequently made a lot of variations. We are getting ready for the authority to commence, but the builders wont provide an amended contract or a list of all included variations with prices. Our variations include alot of deletions so i want a clear list of only the items we have settled on. Also, the adjusted progress payment schedule is in the form of a tax invoice and does not include a provision for signing by the builder or ourselves. The builders are very reluctant to amend the contract and provide definite details on the final variations. Has anyone found the builders to amend the contract or do you just go to the bank with a one page tax invoice? it seems to me that the variations dont have as much legal protection as they are not included in the signed contract. S Re: Recommendation for a solicitor to look at the contract ? 7May 18, 2009 2:49 pm Don't worry iTalk with the amount of info in the contract I'm sure you'll read through it more than once. The contract will (at least should) contain all measurements of your house, pricing and all standard inclusions and also any variations (and costs or deductions) that you've done to your house. It should have all the drawings of your house as well as other legal info. You'll go through it all with your builder before you sign it anyway. If you make changes to the house after the contract signing it should be done properly in writing by way of a post contract variation. Which should have the costs or deductions which you and the builder will both need to sign off on. Also, as everyone says on here, make sure you get everything in writting. Absolutely everything. It covers you and clarifies and mis-communication that can occur. Attached is an image of a PCV (post contract variation) for my insulation to give you an idea of how it looks. Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ ---------------------------------------- Building the PD Lisbon 24 http://www.porterdavis.com.au/#homeviewer/lisbon/24 Blog of our progress. http://lisbon24.blogspot.com/ Homeone build thread https://forum.homeone.com.au/viewtopic.php?f=31&t=28665 Re: Recommendation for a solicitor to look at the contract ? 10May 18, 2009 5:15 pm TimmyDunlop Don't worry iTalk with the amount of info in the contract I'm sure you'll read through it more than once. Thanks Timmy for the informative reply. I will try to go through it thoroughly before signing it. Cheers Re: Recommendation for a solicitor to look at the contract ? 11May 18, 2009 11:39 pm I also think ( know ) it’s best to have a solicitor look it over. Hey, most people get a 15 k second hand car checked over by the RACV or a mechanic. This is a 300k or around that purchase, the biggest purchase you will make in you life. And people try to save $200 bucks on a solicitor. Not only that, its not if there are “trying” to rip you off, people make mistakes. The contract maybe a standard HIA or what ever. But you need a solicitor to look at what’s not in it. The company/Builder puts what they want in it, and then expect you to agree, nod your head & sign. But hey you employ the solicitor to act for you, they will explain the content of the contract and how it could affect you. You put a buffer between you and the other party. You can tell your solicitor about the things that you want included & they will contact the company for you. Instead of the sales person telling you what they are told to tell you. As I said it’s not what’s in it It’s what’s not in it that matters most. Any way that’s my view on the matter. Regards King Willy………….. “It's just as unpleasant to get more than you bargain for as to get less” George Bernard Shaw. 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