Special Conditions to HIA contract

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 ?

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.

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?

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.

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".

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.

@Jessieyy I just had a quick look at the HIA contract and it covers off most the items your concerned about