Apr 29, 2020 7:56 pm
I'm wondering if there is anyone here who has used a building expert (not lawyers!) to review contract documents prior to signing?
If so, would you mind sharing who you used and did you find them of any use? I'm in Victoria BTW.
Re: Building Contract Expert Review2
Apr 30, 2020 10:53 am
hi5 if your builder is using a HIA or MBA contract template ask them to send you a preliminary 'generic' version which includes any of their variations. Most builders will do this prior to contract presentation to assist you. These documents are quite straightforward, although are heavily weighted towards minimizing any financial risks to the builder, not you. I suggest, initially, you read the contract and ensure you understand every clause and definition and what the personal, timing and financial implications of these are for you if anything goes wrong. For example if your build is delayed by 3 months can you afford to pay (or forgo) an extra $12,000 in rent. There are many online resources and experts available in this forum to explain the contract clauses you may not fully understand. Also ask the builder to explain details in their own contract.(that's really what they are selling you!) In addition, ask the builder to download their specifications and pricing onto an excel file so you can easily check things and track any changes. Most admin pricing 'mistakes' in the specs will always be in builders favour.
Re: Building Contract Expert Review3
May 02, 2020 9:29 am
An "expert" will not have the standing or knowledge of how to negotiate/direct any amendments so that that are compliant with legislation.
Pay a solicitor, it their job and you could have a path for recourse/action if something went wrong.
Re: Building Contract Expert Review4
May 02, 2020 10:08 am
CF It does not make sense of what you are saying. By definition building expert will know unless you are asking expert in Chinese medicine to review your contract.
Even if the expert is not a lawyer there will have been subjects done in contract law and administration, long term experience in contract management, knowledge in dispute hotspots and have negotiated countless disputes.
What if items under review require measurements? Lawyer will rely on expert QS anyway.
What if expert is also a builder and knows both sides of the building contract. What if your lawyer is specialising in family law or patent law and only has basic knowledge of building contract and no experience.
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
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