Browse Forums Building A New House 1 Jul 22, 2020 8:56 pm For people inexperienced with building a new home, who can we engage to have our contract reviewed? We have a conveyancer for the land but do they look after build contracts too? Re: Checking contract 2Jul 22, 2020 9:05 pm Have you already signed the contract? 3in1 Supadiverta. Rainwater Harvesting Best Practice using syphonic drainage. Cleaner Neater Smarter Cheaper Supa Gutter Pumper. A low cost syphonic eaves gutter overflow solution. Re: Checking contract 3Jul 23, 2020 11:08 am Pineapple23 For people inexperienced with building a new home, who can we engage to have our contract reviewed? We have a conveyancer for the land but do they look after build contracts too? Private building inspection companies, they would be the best to engage. Some suggest lawyers too, but I am not too sure if they know much about the build processes. Generally, the private inspector will give you an overview of the contract, point of the contract clauses which might need to be reviewed with builder or few which you need to be aware of. Do keep in mind that unless you question them they're not going to explain each point. In my case, the builder had changed the progress payment schedule which the private inspector did not have an issue with but was pushed back by the lender to stick to default. Just trying to say, you need to be aware as well, cannot rely completely on the reviewer. Re: Checking contract 4Jul 23, 2020 11:28 am Also spend the necessary time to read everything in the contract carefully yourself. This is effectively what you are purchasing and defines your relationship with the builder once they 'take away the red carpet' when the nice sales and selections / pre-construction phases are finished. Make sure you understand every word and sentence, and the financial & quality implications of these for you. Focus on both the standard contract clauses, as well as any special clauses. All can be modified it they don't suit you or the builder. If you don't understand anything ask the builder to explain their contract details, or a professional like a building consultant or an experienced building lawyer. The standard HIA contract is cunningly written by the HIA (the builders' lawyers) to transfer as much financial risk as possible to the homebuyer, and the builders often further amend this with their own very unfair special clauses to further transfer their financial risk to you. Don't be afraid to challenge anything, ask for changes, or add your own additional clauses to protect yourself. Re: Checking contract 6Jul 28, 2020 2:53 pm Pineapple23 Haven’t signed yet. It is so refreshing to come across someone who is taking the correct first steps on their journey. You can do a forum search using good keywords on this subject but my post in the thread linked below which asks the same questions makes some key points and also links to some other relevant threads and posts. I suggest that you read the entire thread. viewtopic.php?p=1832175#p1832175 3in1 Supadiverta. Rainwater Harvesting Best Practice using syphonic drainage. Cleaner Neater Smarter Cheaper Supa Gutter Pumper. A low cost syphonic eaves gutter overflow solution. Re: Checking contract 7Jul 28, 2020 4:42 pm Great advice. Thank you. We’ve picked up a number of errors in the initial communications so are particularly cautious moving forward. The industry seems to be in need of regulation that’s for sure. Re: Checking contract 8Jul 28, 2020 5:26 pm I agree that you personally need to be aware of the contents of the contract to avoid problems during the build. The contract can be reviewed for legality etc, but you'll need an operational understanding of the contract.
For example in our case, the builder specified the order of documents that would define the build, for example tender -> variations -> plans (I can't remember the actual order off the top of my head), but they also explicitly say emails and marketing brochures don't form part of the contract, so if you have an email that says something will be done, if its not noted in a variation (for example) it won't be properly recorded and likely not done. So being familiar with the contract you'd know to get a variation raised that accurately recorded the change. You also need to pretty particular about the wording so there is no ambiguity. The person writing the variation won't be the one on site building your house, so it needs to stand by itself. Re: Checking contract 9Jul 28, 2020 5:32 pm There is regulation but it is poorly 'regulated'. A major roadblock is when the site supervisor has numerous constructions to manage. 20 at a time isn't unusual and I remember a Homeone member once mentioning in a thread that their site supervisor had about 40 constructions to supervise. Many builders have a high turnover of site supervisors. Good luck with the build, I hope that it goes smoothly for you. 3in1 Supadiverta. Rainwater Harvesting Best Practice using syphonic drainage. Cleaner Neater Smarter Cheaper Supa Gutter Pumper. A low cost syphonic eaves gutter overflow solution. Re: Checking contract 10Oct 05, 2020 4:32 pm KameGame Pineapple23 For people inexperienced with building a new home, who can we engage to have our contract reviewed? We have a conveyancer for the land but do they look after build contracts too? Private building inspection companies, they would be the best to engage. Some suggest lawyers too, but I am not too sure if they know much about the build processes. Generally, the private inspector will give you an overview of the contract, point of the contract clauses which might need to be reviewed with builder or few which you need to be aware of. Do keep in mind that unless you question them they're not going to explain each point. In my case, the builder had changed the progress payment schedule which the private inspector did not have an issue with but was pushed back by the lender to stick to default. Just trying to say, you need to be aware as well, cannot rely completely on the reviewer. Hi KameGame, Did builder changed payment schedule in your case? I recently had payment schedule not accepted by bank. Re: Checking contract 11Oct 05, 2020 5:36 pm ConfusedSoul KameGame Pineapple23 For people inexperienced with building a new home, who can we engage to have our contract reviewed? We have a conveyancer for the land but do they look after build contracts too? Private building inspection companies, they would be the best to engage. Some suggest lawyers too, but I am not too sure if they know much about the build processes. Generally, the private inspector will give you an overview of the contract, point of the contract clauses which might need to be reviewed with builder or few which you need to be aware of. Do keep in mind that unless you question them they're not going to explain each point. In my case, the builder had changed the progress payment schedule which the private inspector did not have an issue with but was pushed back by the lender to stick to default. Just trying to say, you need to be aware as well, cannot rely completely on the reviewer. Hi KameGame, Did builder changed payment schedule in your case? I recently had payment schedule not accepted by bank. Yes, get the letter from your broker/lender requesting a modification of the Progress Payment schedule. Your builder should be able to accomodate this. Re: Checking contract 12Oct 07, 2020 8:02 pm Hi KameGame, Did builder changed payment schedule in your case? I recently had payment schedule not accepted by bank.[/quote] Yes, get the letter from your broker/lender requesting a modification of the Progress Payment schedule. Your builder should be able to accomodate this.[/quote] Thanks You talk about deletions, are they variations or PS and PC adjustments? pleas list them 1 16568 It seems very clear to me that your contract states that a security account does NOT need to be established so the answer to the builder is NO. If in doubt find a contract… 1 8510 10 12319 |