Contracts Under Home Building Act

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There is so much information available about Home Building ActContracts that we can't possibly present all of it here. Therefore, we have chosen what we feel are some of the most useful documents available concerning Home Building ActContracts and also Computer Home Repair Software and have compiled them here for your benefit.

Requirement

The Home Building Act 1989 (NSW) ('the Act') requires that all residential building work which costs over a $1,000.00 (inclusive of labour and material) should be done pursuant to a written contract.

Contents of the Contract

The Act and the Home Building Regulation 2004 (NSW) ('the Regulation') prescribe that the contract should be a written document and should have at least the following:

- the date of the contract - signatures of the parties to the contract - names of the parties, including the exact name of the holder of the contractor licence - the contractor licence number - description of the work to be performed under the contract - any plans and specifications attached to it - price, if known, prominently noted on the first page and if the price is not known or may be varied, then a warning to that effect - applicable statutory warranties - information as to the cooling-off rights - a note in respect to home warranty insurance - all work to be carried out under the contract is subject to the Building Code of Australia and other relevant legislations, codes, standards and specifications - a checklist for the owners entering into the building contract together with the necessary caution

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Other Information

Most of the time, the contractor will require a deposit to be paid before commencing work. If the contract price is up to $20,000.00, then a maximum of 10% deposit can be requested. If the contract price is more than $20,000.00, the deposit will be 5%.

The contractor is not required to have home warranty insurance if the work is less than $12,000.00. Where home warranty insurance is required, then the deposit should only be paid after the contractor has provided a certificate of insurance.

Together with the contract, the contractor should provide a copy of a guide prepared by the Office of Fair Trading.

The contractor is also required to give the owner a copy of the signed contract within 5 days of signing. The owner also has the right to rescind the contract during the cooling-off period.

It is illegal for a contractor to carry out work without a written contract meeting the legislative requirements and the contractor is not able to seek compensation or enforce any other remedy against the owner for any work done.

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There are a number of standard form contracts available all of which favour the builder, thus in these circumstances it would be advisable to consult a solicitor to explain the contract to you and draft any amendments prior to signing it. In the majority of cases which come before us the home owner ends up signing a document they do not understand and when problems arise they are put to considerable expense to obtain a remedy.

Irrespective of your circumstances call LAC Lawyers for an appointment to obtain proper advice whether you are at the pre-contract stage or after any problem has arisen following commencement of works.

Manoj Narsey is a solicitor employed at LAC Building Construction Lawyers Sydney. He has nearly 12 years experience as a lawyer.

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