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Construction Lawyers Melbourne

Having a contract reviewed will enlighten a homeowner to their statutory and consumer rights and ensure provisions do not breach these rights. For example, some contracts may attempt to require a homeowner to make progress payments outside the schedules legally permitted.

Contract review for only $450 (plus GST) *

Domestic Building Contract Review fee

What Happens When a Homeowner Does Not Receive Legal Advice Before Signing?
If you are a homeowner and did not receive legal advice before signing, there will be a cooling-off period of five days from the date the contract is signed. There will be no cooling-off period if you have received legal advice from a lawyer before signing.


Is There a Quality Domestic Building Contract?


Domestic building contracts have to be compliant and meet the requirements of the Domestic Building Contracts Act 1995. The builders in Australia can use a standard building contract template prepared by an industry association like the Housing Industry Association, Association of Victoria, and much more or use their template.


The Australian builders can amend any contract in a way that does not favour the homeowners. You need to contact a reputable lawyer to review both contract types; this can ensure that the special conditions and provisions do not restrict your right under the contract or impose unfair terms that are prohibited.


Do You Need a Written Domestic Building Contract?


As per the DBC Act, a major domestic building contract agreement needs to be in writing for any work that is more than $10,000.00. Even if the work is less than the stated value, there needs to be a written contract that will set out the terms and conditions of the work.


Who Can Enter into a Domestic Building Contract?


Only a registered builder can enter a major domestic building contract and take out the building insurance. Building insurance is needed for work that is more than $16,000.00 and can protect the homeowner if something happens to the builder.


What Are the Important Aspects of a Domestic Building Contract?


There are many important aspects of a domestic building contract and various information that you need to consider. Some of the essential aspects are as follows:
- Is the builder registered?
- What is the process of making changes to plans or specifications?
- Are you able to visit the building site?
- What are the progress payments that you must pay to the builder?
- Are there extra fees that you need to pay under the contract?
- What damages will you and your builder be responsible for, and when?
- Are the plans and specifications that are a part of the contract the same plans and specifications you agreed to?
- What is the starting date, and what delays are allowed under the building c contract?
- Who will be responsible for receiving and paying for the building and planning permit?
- What are the main costs and provisional costs in the contract?
- Why Does a Domestic Building Contract Need to be Reviewed by a Lawyer?


Some of the reasons why experts recommend a domestic building contract to be reviewed by property contract lawyers are as follows:
1. It is a standard building contract
Many builders use ‘standard’ building contracts prepared by industry bodies like Master Builders Australia or Housing Industry Association. These contracts are usually drafted to help create a balance between the consumer and the builder.


2. Protecting your rights and interests
The builders in Australia need to be properly licensed and insured to carry out important domestic building work, and a building contractor needs to have provisions that follow the relevant legislation. A lawyer can conduct proper checks to ensure that the builder is authorized to undertake the work.


3. To understand the allocation of responsibilities and risks
Similar to the other contracts, a domestic building contract needs to set out every party’s responsibilities, rights, and obligations. The contract must properly reflect the things negotiated and agreed upon between a builder and the homeowner.


4. Everything does not go as per the plan
There may be elements of uncertainty when someone undertakes a building project. Unpredictable events like bad weather, labour/supply shortages, and material and builder solvency issues can cause delays and affect the project.


5. Detecting the hidden costs
A building contract needs to include the proper costings for the full project and be as transparent as possible about the potential differences in pricing. The fittings and fixtures need to be set out in a schedule, specified per the make and model, in a manner that can avoid unpredictable extra costs.


6. To provide a proper and in-depth understanding.
Legal language can often confuse people; the best property and contract lawyers have undergone proper schooling that can help them understand the terms of these documents. If you manage contracts without the help of a lawyer, you might find that the necessary conditions are not included, or the critical terms are not understood properly.


7. Even contractual relationships
While using a building contract for formal agreement is normal, you must ensure that none of the parties involved is offended by the terms. A good building contract lawyer can take over the responsibility of drafting a licensing agreement and executing the building contract.


8. Filing the correct contracts
Other than a building contract, there may be other contracts you might need to draft for your business, like terms/ conditions, employment agreements, non-disclosure agreements, etc. The best lawyers will not only address the contract at hand but can also advise you on other documents that can provide enhanced protection to your business.


9. Can safeguard you when there is a breach of contract.
If you find that you are dealing with a breach of contract at a later time, you can call your lawyer for help. The person who helped you draw up the contract can also be the best resource for you when enforcing it.

 

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