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INFORMATION FOR HOME BUILDERS

Our solicitors are qualified and experienced homebuilders

 

We are multi disciplined lawyers and experts in the field of home building law. Our home builder and commercial contractor clients receive the benefit of being able to communicate quickly and effectively with us.

Our team policy is to encourage our clients to make commercial decisions and to minimise financial loss. As members of the Housing Industry Association, we contribute to training and providing information to home builders to assist them when in disputes with home owners.

 

Good advice will inform you what mistakes home builders make that lead to unnecessary financial loss and personal worry. 

The following are examples of actual mistakes. This advice is based on actual cases involving home builders in New South Wales, and they should be avoided.

 

Costly Mistakes Made By Building Contractors:

 

1.     Very costly building disputes often arise because builders make mistakes preparing contract documents. Spend one to two hours with a building solicitor to check your documents for mistakes and to learn how to prepare them.

 

2.     Never allow a home owner to fill in the building contract in part or in full.

 

3.     Never rely upon an architect to prepare the building contract. Carefully check their work. If you are unfamiliar with the building contract, read it carefully. Seek legal advice if you do not understand it.

 

4.     Provide contract variation forms to the home owner before signing the building contract and explain the variation process. Put this in writing to the home owner before signing the building contract.Advise that this is the only way the building contract can be varied.

 

5.     Never, Never, Never, rely on oral conversations to record a contractual agreement.

 

6.     Keep a detailed hand written site diary, and keep all documents necessary to prove before a court that you have the legal right to be paid. 

 

7.     Act quickly to resolve complaints from home owners. Delay may cause the home owner to engage a building consultant. One to two actual defects can become an endless list of defects and ruin your relationship with the home owner. 

 

8.     Litigation is very expensive. Be cautious when engaging solicitors. Building law is a specialisation. A solicitor who will not attend the building site to examine the work may not understand what the dispute is actually about.

 

9.     Before contracting with a home owner, ask questions. Have they ever been to court with a builder before? How often has the home owner been to court in civil matters? Are you contracting with a serial litigant?

 

10.   If you feel that a dispute is about to occur, give consideration to engaging an independent expert witness to prepare photographic and video evidence of the building site. You may not have the chance to obtain this important evidence if the building contract is terminated.

 

Call us now on (02) 9460 6202 or 0421 695 571 anytime Monday to Saturday.

 

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