Top Tips from an Expert Building Contract Lawyer for Success

Starting a new building project can be an exciting phase. Whether constructing your dream home or tackling a commercial venture, you must create a building contract before laying the bricks. Construction projects can come with quite a few legal issues, and that’s where an experienced lawyer shares the right guidance.

Here, we have collated some of the expert tips from the top building contract solicitor from Perth, that provides clear and comprehensive knowledge about such contracts.

1. Having a robust knowledge of agreements and contracts

A contract can be defined as an agreement between two parties. It is a legal agreement that enforces certain legal rights and creates obligations to perform a particular duty. These clauses are applicable even if the agreement was verbally made. However, it is advisable to get the agreement’s details in writing to avoid confusion in the future.

The first step is to engage a professional like Perth property lawyers to manage your building contract. Apart from this, other professionals, including a project manager, building consultants or an architect, can be engaged to ensure that the building work meets the standard stated in your contract.

2. Types of Building Contracts in Australia

Before commencing any project, it is imperative to know about the types of contracts. There are three types of building contracts in Australia:

• Fixed price contracts: in these contracts, the cost of the projects is set at the beginning. Unless specified, the builder must pay for additional costs incurred during the completion of the project.
• Standard form building: These contracts are offered by the Master Builders Association, Housing Industry Association or Australian Institute of Architects. Such contracts are designed to be administered by architects or building contract lawyers in Perth and are available at a fixed price.
• Cost plus contracts: In these contracts, the owner agrees to pay the builder an additional percentage after paying the project’s actual cost. This means that the project’s final price is not mentioned when signing the contract. Although such contracts offer flexibility, you must monitor the work closely to track the expenses.

Before you sign any of these, it is important that you know them well.

3. Knowing what to include in a contract

If you are signing a major domestic building contract, it must contain certain information. These clauses protect you and the builder in case of different issues. Here is a list of things you can include in your building contracts.

• Total cost of the project
• Clarification of the terms and conditions
• Details like fittings, fixtures and finishes
• Deposits and warranties

4. Understanding your needs

If the client is clear about what they want and makes a written statement about it, then misunderstandings can be prevented. To ensure a streamlined construction process, you can contact property lawyers in Perth, who will see if the contract includes plans, specifications and scope of work. Apart from this, it must also mention things like sustainability, energy efficiency, and work quality.

5. What to watch out for before signing a contract

You must read the contract thoroughly before signing it to avoid unfair terms. Apart from this, you must look into the deposits made and check the cost of items not specified in the contract. This may include trivial fittings like door handles, cooktops, tiles or taps. Provisional sums must also be taken into account before signing the contract. Finally, once you sign the contract, you must always keep a copy of it.

6. When to hire a lawyer for assistance

Navigating building contracts by yourself can be a daunting affair. There are several consumer guarantees and implied warranties that are automatically applied when you have an agreement with the builder, even if you have not signed a contract. Therefore, hiring a building contract lawyer who can negotiate on your behalf with reasonable skill and care is essential.

The contract must state who is responsible for obtaining planning or building permits. In such cases, qualified property solicitors in Perth can assist you in applying or obtaining. Additionally, they can assist you in obtaining certificates from registered practitioners to confirm that the project meets safety standards.

Ending notes

In conclusion, we can say entering into a building contract entails quite a few important factors. If you are a contractor consulting a professional lawyer is always important and it’s right here that Property Lawyers Perth WA will be your trustworthy partner when you make such crucial decisions.