Browse Forums Building A New House 1 Oct 24, 2015 7:32 am I am in Queensland, our builder uses the HIA contract, however when I read the teams and conditions in the contract I am surprised that most of them are in favor of the builder, HIA contract is totally biased towards the builder as it was written by the builders association to protect its members. The builder had to pay to use it. Very few builders would use the QBCC contract even though that is a free download. My lawyer has drafted a list of special conditions for me but our builder is not happy to sign it. What do people do usually ? Has anyone else add special conditions in ? What things should be changed ? Re: Special Conditions to HIA contract 2Oct 24, 2015 7:49 am Good luck having the terms amended. Most builders are oblivious to their actual legal obligations and will be reluctant to modify the contract. If they were serious they would have to get their solicitor to review any proposed amendments which would cost them time and money. Anyway wish you luck. Depending on the special condition you want to add if it's necessary for your piece of mind tell them you're pulling out. Happy for you to send me a pm to give you my thoughts. I'm not a lawyer or solicitor have just learnt a lot about that stuff. Re: Special Conditions to HIA contract 3Oct 24, 2015 8:03 am Hi Jessieyy Home building contracts have been simplified and designed so you shouldn't need lawyers? Special conditions can be added in, what is it you aren't happy with? Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs Re: Special Conditions to HIA contract 4Oct 24, 2015 9:19 am HIA terms are so unfair. I would like to add the following, are they in QBCC contract but not in HIA contract The Builder indemnifies the Owner against any the costs of any variation work: (a) was not agreed to in writing by the Owner prior to the commencement of that work; (b) the need for which could have been reasonably anticipated from a site inspection or foundations data, regardless of whether the inspection was performed or the data obtained; (c) the need for which would have been foreseeable to a reasonably competent builder at the time of entering into the Contract and/or at the time of entering into another variation, regardless of which party specified or requested the works being varied; or (d) are required to comply with manufacturers specifications or (where applicable) any covenants or estate design requirements that were available to the Builder at the time of entering into the Contract. Re: Special Conditions to HIA contract 5Oct 24, 2015 11:20 am I would add one further All structural work should be certified onsite by an Engineer as compliant or if non-compliant as "fit for purpose". Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs Special Conditions to HIA contract 6Oct 24, 2015 2:06 pm I think you need to familiarise yourself with the Domestic building contracts act document 1995. This document is the law and will override any contracts. Contracts should be based around this. Most of the things you mention are covered off in the act so just ensure they comply with that and you'll be fine. Download a free copy. I might add the majority of builders are unaware of this document and their lack of understanding of it is well documented in blogs by lawyers firms. You talk about deletions, are they variations or PS and PC adjustments? pleas list them 1 16693 10 12403 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 28883 |