Building Contract Reviews
Property & Conveyancing
Protect Your Interest with Burgess Thomson
Signing a building contract is a significant step in any construction project, whether you’re building your dream home or embarking on a commercial development. However, building contracts are often complex, containing detailed provisions that can be challenging to understand.
At Burgess Thomson, we provide expert building contract review services to ensure your rights and interests are protected before you sign.
Why You Need a Building Contract Review
A building contract is a legally binding agreement that sets out the terms and conditions between you and the builder. These contracts typically include details about the project’s scope, cost, location, timeframe, materials, and the rights and responsibilities of each party. While these elements are designed to ensure clarity, they can also include clauses that unfairly favour one party or expose you to unnecessary risks.
Building disputes are among the most common types of civil disputes handled by small claims tribunals and courts. Many of these disputes could be avoided with a thorough building contract review before signing. By engaging a qualified solicitor to review your contract, you can identify potential issues, mitigate risks, and ensure the terms are fair and reasonable.
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Find out more about how we can help with Building Contract Reviews.
Key Areas We Cover in a Building Contract Review
At Burgess Thomson, our experienced lawyers provide comprehensive reviews of residential building contracts and other agreements to safeguard your interests. We carefully examine every aspect of your contract, including:
- Scope of Work and Specifications: We ensure the description of the building project is clear and detailed, covering the location, design, materials, and workmanship standards.
- Cost and Payment Terms: We review clauses related to pricing, progress payments, and variations to ensure transparency and protect you from unexpected costs.
- Timeframes and Delays: We assess construction timelines and provisions for extensions, ensuring these terms are realistic and do not unfairly penalise you.
- Dispute Resolution: We review the dispute resolution process outlined in the contract to ensure it provides a fair and efficient mechanism for resolving issues.
- Liability and Warranties: We examine the builder’s obligations regarding liability, defects, and warranties to ensure your rights are protected.
Common Pitfalls in Building Contracts
Without professional review, you may overlook clauses that could lead to disputes or financial loss. Common issues include:
- Unclear specifications or scope of work, leading to disagreements about what is included in the project.
- Ambiguous or unfavourable payment terms, such as excessive upfront payments or unclear variation costs.
- Lack of clear provisions for delays or disputes, leaving you vulnerable in case of unforeseen issues.
- Unbalanced risk allocation, where you may bear more responsibility than is fair or reasonable.
A detailed building contract review helps avoid these pitfalls and ensures your contract is clear, balanced, and enforceable.
How Burgess Thomson Can Help
With decades of experience in property law, the team at Burgess Thomson provides expert building contract legal advice to clients across Newcastle and beyond. We work closely with homeowners, property developers, and investors to ensure their contracts protect their interests and comply with NSW regulations.
Our services include:
- Reviewing Residential Building Contracts: We specialise in reviewing residential building contracts to identify and address any unfair or unclear terms, helping you avoid potential disputes.
- HIA Building Contract Review: We provide expert reviews of Housing Industry Association contracts, ensuring compliance with industry standards while protecting your rights.
- Negotiating Contract Terms: If we identify terms that are unfavourable, we can negotiate with the builder or developer on your behalf to secure a fairer agreement.
- Ongoing Legal Advice: Beyond reviewing your contract, we can provide ongoing support throughout your project, offering advice on variations, disputes, and other legal matters as they arise.
Why Choose Burgess Thomson for Your Building Contract Review?
At Burgess Thomson, we are committed to providing clear, practical, and thorough legal advice to our clients. Here’s why people trust us with their building contract reviews:
- Expertise in Property Law: With decades of experience, we have an in-depth understanding of NSW property laws and construction regulations.
- Attention to Detail: We meticulously review every clause in your contract to ensure it is fair, clear, and enforceable.
- Personalised Service: We take the time to understand your goals and concerns, tailoring our advice to meet your unique needs.
- Proactive Risk Mitigation: Our reviews are designed to identify and address potential risks before they become problems.
- Transparent Communication: We explain complex legal terms in plain English, empowering you to make informed decisions.
Contact Us Today
If you need a building contract lawyer in Newcastle, contact Burgess Thomson today for expert assistance. Let us help you navigate the complexities of your building contract with ease and assurance. Contact us today to discuss your needs:
Phone: (02) 4929 5602
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Protect your investment and ensure your rights are safeguarded with a professional building contract review from Burgess Thomson. Don’t leave your property project to chance—reach out to our experienced team today.
Frequently asked questions
When is a Home Building Contract required?
A home building contract is required for work over $20,000. These contracts are extensive and require specific information including:
- The relevant warranties and insurance required
- A progress payment schedule (either fixed or made as costs are incurred)
- A termination clause
- A checklist of 14 items that are prescribed in the Home Building Regulation 2014
- A statement setting out the cooling-off period of five business days
- A clause about the contractor’s obligation to give an insurance certificate under the Home Building Compensation Scheme if the contract value is over $20,000.
If I enter into a preliminary agreement with the builder, do I have to sign a contract?
A preliminary agreement is a separate contract signed by you and the builder to carry out preliminary work. However, this does not mean you have to sign a building contract. The type of work usually defined and undertaken on the preliminary agreement include things like soil tests, plan preparation, engineering, foundation design and site survey.
Can parties make variations to a building contract?
Yes, most contracts allow the owner and the builder to make requested variations. The contract will set out a process for each party to request a variation, which must be consented by both parties to proceed. Where a party does not agree and disputes a variation, the parties will be referred to the dispute procedure under the contract. However, it is important that the terms written in the contract are agreed to by both parties. Often, a builder or agent will promise the client inclusions verbally but if these inclusions are not written in the contract, they will not be binding on the builder. Having a lawyer review the contract can ensure all terms agreed are in writing and enforceable.
What is an ‘Entire Agreement’ clause?
An ‘Entire Agreement’ clause stipulates that the written contract is the whole contract and no other representation is to be understood to be part of the agreement or used to interpret the contract. This clause aims to provide certainty by excluding any extrinsic material from the agreement. However, sometimes the courts will recognize extrinsic evidence as part of the agreement and ignore the ‘Entire Agreement’ clause. It is important to keep in mind that this is determined on a case-by-case basis.
