How to check inclusions and exclusions in building contracts?
A major issue when building a new home is discovering midway through construction that certain work items were excluded from the building contract.
When this happens, like it or not, the Building Contract is the single source of truth for resolving disputes. Often when issues arise, clients discover the contract doesn't fully reflect their expected scope of work. This is something I am passionate about preventing for my clients.
Here are my top tips for making sure the building works you expect are in the contract:
Read the Builders Specification
Ensure you are across any inclusions / exclusions written into the Specifications. When I review clients contracts, allot of my effort is put towards aligning the Contract Particulars with the Builders Specifications to avoid ambiguity and disputes during construction).
Reference all important documents
Drawings, schedules, specifications and important emails should all be expressly mentioned in the Contract. HIA has a great section called ‘Other Contract Documents’ for these documents to be attached to.
Review Permit & Utility Connection Roles & Responsibilities
The particulars of your contract outline who is responsible for permits and utility connections (electricity, water, and gas), including both the work and fees. Often owner’s are responsible for the arranging permits and paying for utility connections, so make sure you are aware of all responsibilities and costs before signing.
How to make understanding your Building Contract less complicated
My favorite thing to do is take the stress out of building a new home.
My services specialise in making the complicated simple by teaching first time home builders about what’s in their building contract before they sign.
Even if your contract is standard, exclusions can be hiding in there. If you want help understanding your contract and peace of mind that the terms are reasonable, it may be time to have a professional teach you about what’s in your building contract.
Building Contract reviews for New Home Builds & Renovations
If you're looking for a personalised review of your Building Contract at a reasonable price, you can find out more information about my Building Contract Health Checks here.
I support clients with their HIA and Master Builders Home Building contracts from all states in Australia, including Victoria, ACT, Queensland, New South Wales, Tasmania, WA, and the Northern Territory.
Building Contract reviews are for people who want to understand their contract better before they sign.
If you're a person like me who wants to dive into the details, wants education on what makes a good contract, and what to look out for - then you're a great match for a Building Contract Review with me.
Ultimately, I want you to walk away from our session with confidence to proceed with signing your contract.
We go through any of your questions like how to avoid delays, what to watch out for and how to keep costs within your original building quote.
Thanks for reading and catch you on my next post :)
Annelyse
Construction Management | M. Construction Law
