Our objective is to resolve disputes so you can enjoy a well built family home
The most important resource for home owners is knowledge. When contracting with home builders, attempting to resolve disputes and understanding what your legal rights are, it is important to know how to resource information.
There is much for you to learn. This page is to assist you in developing knowledge to empower you to reach the light at the end of the tunnel, that is, how to have a well built home or renovation project completed for you.
Home Building Law in New South Wales.
 When contracting with a builder it is essential to understand what your legal rights and legal responsibilities are. In NSW there is a regime of legislation in place that provides for home builders to be licenced, for home building contract documents to contain precise and essential information, and to provide for a logical series of procedures to help resolve disputes with home builders.
In NSW the primary legislation is the Home Building Act 1989, the Home Building Regulation, Consumer, Trader and Tenancy Tribunal Act 2001, Consumer, Trader and Tenancy Tribunal Regulation 2002 and the ongoing amendments to these Acts.
Further important information for home owners can be found at the following websites:
 This is one of the most important areas for home owners to get right. Marc Hutchings & Associates specialises in reviewing home building contract documents and providing legal advice to our clients before they are signed.
Statistically, almost 50% of clients who we perform this service for do not proceed to contract with the home builder. Why? Because many home builders do not have the legal skills to prepare these very complex legal documents.
A home building contract is not simply a printed booklet. The building contract is usually comprised of; a printed contract booklet, special conditions of contract, local council development consent terms and conditions, specification, architect’s plans, engineer’s plans, hydraulic plans and other documents.
It is surprising how few people go to the effort to retain a specialist solicitor to examine these documents and provide legal advice before home owners sign them. The phenomenon we see as legal practitioners is that most home owners do not understand, is that how information is inserted into the building contract can vary greatly what a home owner’s legal rights are. How reliable is a home builder in preparing complex legal documents?
When dealing with home builders and subcontractors, we recommend that you perform a simple licence check on the NSW Office Of Fair Trading (OFT) website. This search can provide essential information on the home builder you are negotiating with. You can also telephone the OFT and be provided with information concerning the licence holders past and present status.
For further information, please see Home Building Contract Checklist below.
 When a dispute occurs between a home owner and home builder it is important to learn as much as you can about your legal rights and your legal responsibilities. A large number of home owners who contract with home builders rarely read or understand the terms and conditions of contract and my have difficulty in understanding plans and drawings.
This is a complex industry and the building contract you have signed is one of the most complex legal documents in commerce. Think about how many material suppliers provide building materials for the work and how many subcontractors are used to construct the house. Structural steel, concrete, timber, electrical components, plumbing fixtures, wall and floor tiles, roof tiles, windows, doors, interior fix out items, wardrobes, kitchens, carpets, the list is a long one. Think about how many subcontractors are involved in carrying out the work. Excavators, plumbers, steel fixers, concreters, carpenters, bricklayers, roof tilers, wall and floor tilers, electricians, kitchen installers, carpet layers, painters and many others will attend the site. Think about how financial institutions, the local council, private or council certifiers, architects, structural engineers, town planners, electrical, plumbing and storm water authorities, work safety and the head contractor interact together and you begin to appreciate how complex the legal arrangement can be.
An important guideline to assist with resolving disputes may be as follows:-
- Carefully read the building contract terms and conditions. They may set out a procedure for resolving disputes. Carefully examine the drawings and plans.
- Always try to resolve disputes informally in the first instance. If your house is only half completed, then this is not the time to offend the home builder if the dispute can be simply resolved with some give and take.
- Becoming emotional often does not help. In the first stages of a disute, remain calm and polite.
- Listen to what the home builder has to say.
- Obtain advice from a building consultant who can give expert technical advice. There are many building consultants who can visit the site, take photographic and video evidence and provide written technical advice on what is acceptable and what is not. For referral to a reputable building consultant, contact our law firm.
- Think about the cost of the items in dispute. If the item is rather minor and inexpensive to rectify, is it not better to wait until the home is finished before requesting that it be fixed? Building work is heavy and difficult, confronting a home builder or tradesman with a complaint during their work can sometimes cause a rift and harm the ongoing relationship. Remember, your should have a defects liability period after the work is complete to have all items of work rectified. Further, is the item simply incomplete work rather than defective work?
- Keep a diary of events and photographs of the work as it progresses.
- If the dispute is serious and the home builder is unhelpful, then seek expert legal advice. An initial consultation with our law firm over the telephone may be all that is necessary to assist you.
- If the dispute cannot be resolved, a solicitor from our law firm can attend the site and speak with the home builder with you in attendance.
- You are not alone, Marc Hutchings & Associates are here to help you.
Common Mistakes made by Home Owners
Building Contract Checklist
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