Browse Forums Building A New House 1 Feb 15, 2015 11:28 pm Hi everyone Our first post to this great forum. Lots to learn here. Just wondering if someone can recommend an experienced solicitor or lawyer in Perth who is familiar with the WA HBCA Lump Sum Building Contract. Our builder has an annexure with special conditions which we would like to get some advise on before we sign. We also would like to add a clause to the special conditions which gives us the right to charge the builder a penalty rate if the build is not completed on time as suggested here: http://www.commerce.wa.gov.au/sites/default/files/atoms/files/homebuyerssurvivalguidesectionthreebuildingahouse.pdf Has someone added a penalty rate to the contract and can suggest the right wording? Any help would be appreciated. KG Re: WA HBCA Lump Sum Building Contract - need legal advise 3Feb 16, 2015 4:45 am kgperth09 Hi everyone Our first post to this great forum. Lots to learn here. Just wondering if someone can recommend an experienced solicitor or lawyer in Perth who is familiar with the WA HBCA Lump Sum Building Contract. Our builder has an annexure with special conditions which we would like to get some advise on before we sign. We also would like to add a clause to the special conditions which gives us the right to charge the builder a penalty rate if the build is not completed on time as suggested here: http://www.commerce.wa.gov.au/sites/default/files/atoms/files/homebuyerssurvivalguidesectionthreebuildingahouse.pdf Has someone added a penalty rate to the contract and can suggest the right wording? Any help would be appreciated. KG I can't give you legal advice but as experienced contract administrator I can tell you that penalty is not enforceable in building contracts. Instead you should be talking about liquidated damages which is agreed sum of damages/week that may be deducted in the event of builder running over time. It's a standard provision in building contract and you won't need clause in special conditions. The amount of liquidated damages must be carefully negotiated and agreed as by the time it kicks in you are nearly fully drawn on your loan and your loss is likely to be interest + rent. Almost always suggested amount $250 in standard contracts is insufficient. 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: WA HBCA Lump Sum Building Contract - need legal advise 4Feb 16, 2015 11:30 am building-expert kgperth09 Hi everyone Our first post to this great forum. Lots to learn here. Just wondering if someone can recommend an experienced solicitor or lawyer in Perth who is familiar with the WA HBCA Lump Sum Building Contract. Our builder has an annexure with special conditions which we would like to get some advise on before we sign. We also would like to add a clause to the special conditions which gives us the right to charge the builder a penalty rate if the build is not completed on time as suggested here: http://www.commerce.wa.gov.au/sites/default/files/atoms/files/homebuyerssurvivalguidesectionthreebuildingahouse.pdf Has someone added a penalty rate to the contract and can suggest the right wording? Any help would be appreciated. KG I can't give you legal advice but as experienced contract administrator I can tell you that penalty is not enforceable in building contracts. Instead you should be talking about liquidated damages which is agreed sum of damages/week that may be deducted in the event of builder running over time. It's a standard provision in building contract and you won't need clause in special conditions. The amount of liquidated damages must be carefully negotiated and agreed as by the time it kicks in you are nearly fully drawn on your loan and your loss is likely to be interest + rent. Almost always suggested amount $250 in standard contracts is insufficient. I don't remember seeing any clause or mention in our building contract about liquidation damages if it goes over time, can you seek this if it's not in the contract? Should it be in the standard contract? Our build thread: https://forum.homeone.com.au/viewtopic.php?f=31&t=70984 You talk about deletions, are they variations or PS and PC adjustments? pleas list them 1 16569 I am looking for someone who might have tackled a similar issue as me. I have a few rendered interior walls, the surface condition is hardly flat. I can see all the bumps… 0 7969 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 27958 |