FAQs – Building Law 2019

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:-

  1. Advising on Contracts;
  2. Building Claims in NCAT and/or the Court System;
  3. Representation in NCAT/Court System;
  4. Drafting Contracts;
  5. Security of Payments Act Adjudications; and
  6. Appeals

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 [5] day cooling off period in Contracts in excess of $20,000.00. This means a Home Owner has five [5] business days to rescind/cancel the Contract within five [5] 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.

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