Should I have my residential building contract reviewed by a lawyer?
If you’re about to sign a residential building contract, whether for a new build or renovation, the short answer is “yes” – you should have your residential building contract reviewed by a lawyer. While there are industry drafted building contracts that comply with the legal requirements in each jurisdiction, how those contract are completed, and the documents that are attached and form part of those contracts, can have a dramatic impact on your rights and obligations.
Seeking legal advice before signing your building contract (or any other agreement with your builder such as a preliminary agreement or variations) can empower you with knowledge on the build process and help prevent delays, cost blowouts, unfair risk allocation, and unnecessary disputes.
When should I seek advice?
Seek advice before you sign your building contract. You should also consider obtaining legal advice before you sign other related documents such as preliminary agreements, variations or extension of time claims.
What we do (at a glance)
Prior to signing your building contract, you should:
- make sure you understand the laws for building in your relevant jurisdiction as the law varies between States and Territories in Australia; and
- know your rights and what you are required to do under the building contract; and
- ensure you have read and understood your building contract and request amendments to the building contract where necessary.
That’s why a review of your building contract by a construction lawyer is always recommended. At Construct Law Group, we can help you if you are about to build a new home or renovate by:
- helping you to understand the building process so that you are confident to start your journey;
- reviewing your building contract and advising you on your rights and obligations prior to signing your building contract;
- highlight any hidden risks in the building contract documents; and
- recommend amendments to the building contract where necessary.
What happens if I don’t seek a review?
Not seeking legal advice before signing your building contract could end up costing you. Some common issues we see too often include:
- contracts that don’t comply with legal requirements (for example, taking a higher deposit than entitled to);
- builders with QBCC licensing issues that could have been identified prior to signing the contract;
- unclear terms relating to prime cost items and provisional sums;
- unclear progress claim stages;
- builder-drafted contracts or special conditions that unfairly shift risk or don’t comply with the law;
- hidden costs or ambiguous clauses (often these are contained in the specifications which are a listed as contract documents);
- incomplete or inconsistent documents that lead to confusion, delays, or unexpected costs.
A building contract review can help you avoid these risks and move forward with clarity and confidence.
Next steps
Once you receive your draft building contract, plans and specifications, complete this form, or send them to us via email and we will respond with our fee for a comprehensive review at a fixed fee price.
Disclaimer:
This article provides general information and should not be taken to be legal advice. Each agreement is different and therefore you should obtain specific legal advice. If you have any questions, please do not hesitate to contact your lawyer or our team at Construct Law Group on (07) 3139 1874 or at info@constructlaw.com.au.
