It’s complicated
Building is a complicated process involving many people and a large amount of money. That’s why, for the most part, people rely on contracts. These work to ensure things are done to an agreed standard, with correct materials, in a designated timeframe, all the while meeting statutory obligations.

The devil is in the detail
Not all building contracts are the same. When it comes to these contracts, the devil is in the detail. Before you sign anything when engaging the services of a builder it pays to make sure that the contract is working to achieve what you want.

Meeting your statutory obligations
If you are a builder, you need to make sure that the contract you are agreeing to takes care of your business needs while meeting all of your statutory obligations.

Home owners

New home or renovation contracts
Most people who renovate or build a new home are required to sign a domestic building contract. But just because this document is presented to you as a standard, doesn't mean it is right for you. We can help you understand all points of your contract and organise the changes you need make sure it reflects your build, time frames and budget.

Issues during building process
Sometimes after you have started the building process, you may find that things aren’t unfolding in the way outlined in your building contract. The builder might ask for money outside of the payment schedule. Or you may be facing unexpected delays. Or you may have noticed building defects, incorrect materials, or constructions not completed to meet specification. No matter what your issue, we can help you negotiate with a builder.

Issues after building is complete
When you have finally built or bought your dream home, it can be heartbreaking to discover defects. Whether it is a fault of the material, inferior workmanship or lack of compliance to building codes, it is important to get onto these issues quickly.  We can help you organise expert advice on the problem or call on the builder’s warranty to support the process of getting the builder to fix defective work.

VCAT
While negotiated outcomes are always the best result, if a deal cannot be reached then we can help you navigate claims through the compulsory conciliation process or through the Victorian Civil and Administrative Tribunal (VCAT). This includes organising expert advisers, preparing all documents and representing you if required

Domestic builders and developers

Initial contracts
One of the most difficult aspects of building is meeting the obligations of your contract while complying with the Domestic Building Contracts Act 1995, the Building Act 1993 and the Building and Construction Industry Security of Payment Act 2002 (Vic) .  To protect yourself from costly claims, you need to make sure your contract is reliable, enforceable and binding. We can help you with this.

Enforcing variations
Variations can be really difficult to manage and administer, especially for major building contracts. They require careful controls, or they could end up costing your business dearly. When you have identified that a variation is necessary, we can help you document them correctly and get them signed by the customer so you have legal grounds to enforce them.

Avoiding liquidated damages
Delays can arise due to changes in scope or suppliers providing the wrong materials or not delivering on time. We can help you negotiate an outcome to avoid liquidated damages provisions coming into play.

Builders managing subcontractors
Subcontractors are a key part of the success of your business. For them to work effectively, it is vital that they have a properly defined scope of work and a clear understanding of exactly what they are expected to do. Subcontractor contracts can make sure you are covered if people don’t deliver the services you have agreed upon.  

Developers managing subcontractors
If you are a developer, the Security of Payment Act now covers your domestic building work so its very important to stay on top of your administration of sub-contract claims and understand your obligations under that Act. We can help you understand these obligations and make sure you comply.

VCAT
While negotiated outcomes are always the best result, if a deal cannot be reached then we can help you navigate claims through the compulsory conciliation process or through the Victorian Civil and Administrative Tribunal (VCAT). This includes organising expert advisers, preparing all documents and representing you if required.