Browse Forums Building A New House Re: building contract 2Apr 20, 2017 5:34 pm I've read several threads in this forum from people who ended up wishing that they'd gotten legal advice prior to signing the contract. Trying to save a few hundred dollars in legal fees ended up costing them significantly. With a building contract there's a lot at stake for you. There's also generally a lot less (comparatively speaking) at stake for the builder, so there's an inherent power imbalance that you should be aware of, along with all the ramifications of that. How good are you at law, both with contract law generally and specifically with building contracts? Are you 100% sure that you fully understand not just the terms of the contract themselves, but all the implications and ramifications? Do you fully appreciate what rights you're signing away, and what your options will be in case of dispute? Do you have a good appreciation of the balance of obligation and liability between yourself and the builder? Are you happy to accept sole personal responsibility if it turns out that you didn't fully understand all the implications of the contract and it ends up costing you more and/or delivering less than you thought? It's certainly possible to DIY, of course. But just as someone with little knowledge of cars probably shouldn't do their own servicing... Re: building contract 4Apr 20, 2017 6:49 pm arcadelt Depends on how good your relationship is with your builder and who wrote the contract. Noting that it's not just how good your relationship with your builder is now. It's how good your relationship with your builder is throughout the build from start to finish (i.e. in the future), and specifically at any points when (if) something goes wrong (where 'wrong' is defined from your point of view). A good contract doesn't just help when relationships break down - it can help prevent breakdowns in the first place. A good contract protects both parties. And, generally speaking, if both parties are clear about the contract (and their obligations and protections) from the start, then there's less likelihood of issues down the track. Problems can easily arise when expectations or understandings are misaligned. Re: building contract 6Apr 20, 2017 7:59 pm algernon Noting that it's not just how good your relationship with your builder is now. It's how good your relationship with your builder is throughout the build from start to finish (i.e. in the future), and specifically at any points when (if) something goes wrong (where 'wrong' is defined from your point of view). There is no temporal dimension inherent in the word relationship, so the current and ongoing status was implicit in my point. I reiterate, it depends on how good your relationship is with your builder and who wrote the contract. Both parties need to be protected and there is no value in the weight falling to one party over the other. If you don't think your relationship guarantees that, then seek professional advice. Re: building contract 7Apr 20, 2017 9:01 pm Joker Get it checked, Standard HIA contracts favour builders, and you end up with a much better understanding of your contract if it's checked by experienced home building contract specialist. Hey Joker, how do you find a good building home contract specialist? building contract 8Apr 20, 2017 9:54 pm Ezza78 Joker Get it checked, Standard HIA contracts favour builders, and you end up with a much better understanding of your contract if it's checked by experienced home building contract specialist. Hey Joker, how do you find a good building home contract specialist? If you are in Vic I think Darbecca offer a contract review service. I am using them for pre pour inspection and a few other stages and they have been great. When you are spending big $$ a few hundred spent on expert advice could save you a lot of money and stress in the long run. Re: building contract 9Apr 20, 2017 10:27 pm arcadelt There is no temporal dimension inherent in the word relationship, so the current and ongoing status was implicit in my point. I reiterate, it depends on how good your relationship is with your builder and who wrote the contract. Both parties need to be protected and there is no value in the weight falling to one party over the other. If you don't think your relationship guarantees that, then seek professional advice. Agreed, I was just (trying to anyway, sorry if I sounded like I was disagreeing with you) making it clear to other readers that just because you have a good relationship with a builder at the contract signing stage doesn't mean that you'll always have a good relationship in the future. Even best friends fall out sometimes (even without the stress of building a house), and best friends generally don't have the incentive of being on best behaviour to get you to sign on a dotted line. And definitely agree on ensuring even weight - there's no doubt the builder has already had legal advice on the contract from their side. Re: building contract 10Apr 20, 2017 10:38 pm Ezza78 Hey Joker, how do you find a good building home contract speciauselist? There's also some companies that provide homebuilder advocate or advisory services, e.g. one I've used is Before You Build (beforeyoubuild.net.au) that specifically provides contract advice (I can't speak for any of the others that a quick Google turns up, but it couldn't hurt to give them a call). You might also check out which solicitors/conveyancers in your area also specifically advertise something like 'Home building solicitor' or 'building contracts advice'. You talk about deletions, are they variations or PS and PC adjustments? pleas list them 1 16548 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 27950 |