building contract loop holes

Discussion in 'Legal Issues' started by rodder7, 31st Jul, 2017.

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  1. rodder7

    rodder7 New Member

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    Hi All

    I final settled on my land this week and now its tie to build .
    I have a copy of the contract but have found so many loopholes .
    By loopholes I mean . on the inclusion list it states that they going to install a split system ... and in the same contract further down in a another paragraph it says up to builders discretion , not only that the system by what I can tell is too small 1.1kw for around 40m2.... no way that's going to cool on 40 degree day
    penalty rates and damages if I am late with a payment slugged 14% but if the builder is late its only 250 a week....
    Just wondering I someone could give me some advise who could
    have a read of it and find all the loopholes for me?

    thanks for help Mario
     
  2. Scott No Mates

    Scott No Mates Well-Known Member

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    What form of contract is it? HIA, MBA or builder's?

    Have you had your solicitor look over it? You're spending $X00,000 so may need proper advice.
     
  3. rodder7

    rodder7 New Member

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    Its a hia contract .Was thinking of a solicitor but he will just look at the contract not the contents of it , WHat kind of solicitor would it have to be ? Any recommendations ? Thanks
     
  4. Joynz

    Joynz Well-Known Member

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    Hi
    There was lots of advice given on the other thread you started on this topic a few days ago!
     
  5. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Plus Member

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    Of course a solicitor will advise on the contents of the contract - if that is what you contract with them to do so.

    A property lawyer or a building lawyer is what you are after.
     
  6. Scott No Mates

    Scott No Mates Well-Known Member

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    VCAT ===} linky this will give you some guidance on the matter (they recommend using a solicitor but not naming one, google is your friend but get some recommendations if you can).
     
  7. Paul@PFI

    [email protected] Tax Accounting + SMSF Business Plus Member

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    A Claytons contract... HIA act for their members NOT the clients. See a solicitor. Dont sign. Its written to be misleading and deceptive but inducing belief its a standard contract and the only contract. Time to shop around.
     
    MTR and pwnitat0r like this.
  8. rodder7

    rodder7 New Member

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    In a building contract costing should there be just a final figure or should each task be broken down into materials and labour . I ask this because if I want to make a change and its a overall price the builder can say no I got this for $1 and you want that for $20 retail so in simple words I get ripped off .What other hidden cost can I be up for which are not in the contract ?
     
  9. scientist

    scientist Well-Known Member

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    Everything you mentioned and more were negotiable before you signed. If you saw something you didn't like, you should've asked for a change.

    I specifically asked my builder how long he reckons he can get it done by, then I added 2 months and ask him to pay me rent at $900 pw for any time period after that, net of wet weather / my late payment etc, was accepted.
     
  10. Scott No Mates

    Scott No Mates Well-Known Member

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    The contract is comprised of the contract (terms and conditions), plans, specifications, quote, any other supporting documentation which is listed eg emails, details negotiated.

    If there are schedules ET PC sums, inclusions, schedule of rates etc they should be included.