Who should be reviewing your HIA Building Contract?
When you’re about to sign a contract to the biggest investment of your life, the smartest thing you can do is seek advice on your building contract before you sign.
Finding the right person to give you that advice is another story. In this blog I share my tips on how to figure out what building contract advice you are looking for, and who is best placed to give you the help that you need.
I also discuss why it’s important to understand the distinction between specialist building contract advice, design and legal advice.
Understanding the advice you need
Understanding the exact advice you are looking for will help you build a team of advisors that are right for your project.
There are three distinct build industry experts who you can seek advice on your building contract from:
A building industry professional for advice specific to your contract, such as a Building Contract Advisor, project manager or builder,
Technical design advice from a design professional such as an Interior Designer, Draftsperson or Architect, or
Legal advice on interpretation of the law from a lawyer.
Some examples of common advice most first home building clients need includes:
Advice from a Building Industry Professional
A building industry professional, such as Build Together, can help review your building contract and provide advice on:
Checking that the draft contract aligns with industry best practices,
Checking the reasonableness of builder proposed special conditions,
Checking the particulars are filled out correctly,
Advice on what to look for and what to look out for in your building contract, or
The best way to approach negotiations with your builder before you sign.
This kind of advice can be invaluable before you start construction works. Advice on ‘best practices’ is best given by someone who has relevant experience in the Building Industry. A project manager or builder will be able to give advice to first home building clients on the inner workings of the Building Contract, identification of risks and recommendations on how to ensure you avoid common risks.
Our Building Contract reviews are centred ensuring you have a full understanding of your contract before you sign on the dotted line.
Advice from a Design Professional
A technical design professional such as an Interior Designer, Draftsperson or Architect, can help review your design documents and provide advice on omissions or discrepancies in your documentation that can be avoided before construction starts.
An experienced interior designer, drafts person or architect will be best to technically review your documentation to ensure any gaps are covered before construction works begin.
Advice from a Lawyer
A lawyer will be able to help with legal advice that extends beyond your building contract, such as addressing broader legal issues which include interpretation of the law, rights, and obligations.
The distinction between Contract Advice and Legal Advice for Building Contracts
It’s important to understand there is a distinction between contract advice and legal advice.
Contract Advice involves guidance on the terms, conditions and implications of your Building Contract. This includes advice from Building Industry experts (such as Build Together) who have expertise in the Building and Construction field.
Whereas Legal Advice focusses on interpretation of the law outside the bounds of your Building Contract.
Seeking advice on your building contract is a partnership!
Overall finding the best person to review your building contract depends on what kind of advice you specifically need.
So work hard on understanding your contract!
Thanks for reading and catch you in my next post :)
Annelyse
B. Construction Management | GD. Construction Law
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Written by Annelyse, Building Contract Enthusiast, Project Manager, and founder of Build Together Project Management.
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