At Adams & Partners Lawyers we have a specialist team of Building Lawyers that can assist you with any building matter whether as an Owner or Builder, including but not limited to:-
- Advising on Contracts;
- Building Claims in NCAT and/or the Court System;
- Representation in NCAT/Court System;
- Drafting Contracts;
- Security of Payments Act Adjudications; and
Some frequently asked questions we receive are :
Q: Do you need a written Contract
A: Yes, with all residential building work over $5,000.00 inclusive of GST
Q: What is the maximum amount deposit payable under the law?
A: 10% of the Contract sum
Q: Is Home Warranty Insurance required under all Contracts?
A: Home Warranty Insurance must be provided if the residential building work exceeds $20,000.00.
*NOTE: a Builder is not entitled to demand or receive money until a Certificate of Insurance is provided to the Home Owner.
Q: Do I have a cooling off period to change my mind?
A: Yes. The Home Building Act 1989 provides a five  day cooling off period in Contracts in excess of $20,000.00. This means a Home Owner has five  business days to rescind/cancel the Contract within five  business days of receiving a signed Copy of the Contract from the Builder or becoming aware that they were entitled to receive a copy of the signed Contract from the Builder.
Q: Can a Builder place a Caveat on an Owner’s Property at the time of Contracting?
A: No, a Builder cannot place a Caveat on an Owner’s Property until the Builder receives an Order from NCAT or the Court system and subject to the Contract containing a charging Clause.
Q: What if an Owner wants to terminate a Building Contract?
A: The Contract must have a Termination Clause. The Common Law also provides a basis to terminate a Contract. Care should be taken before terminating any Contract with legal advice being obtained and preferably any Notice being drafted by a Lawyer.
There are many other questions that can be answered by our building law team at Adams & Partners Lawyers.