Building A Home? Here Is How To Navigate Your Contract With Your Lawyer
You’re building your first ever home and it’s a truly exciting time. But, remember this: don’t ever let a builder tell you that you don’t need a contract. You likely know this already, but many young homeowners have been stung in the past because their builder assured them that the work would be done within the budget and timeframe they said (the keyword here is “said”).
Yes, you need to put addresses, deadlines, materials, names, payments, scope and and more in written form and sign it alongside your builder. This way, you will have written evidence to fall back on should the builder slack off or do a subpar job.
Therefore, it’s imperative that you enlist reputable construction solicitors to help you navigate your contract, as this might be the first and only time you make such an agreement in your life.
The best building lawyer Melbourne has will help you navigate the following contractual elements:
- First, prep your documents
You must provide your solicitor with the provided contract and construction plans on your first consultation. This includes the design that the builder has agreed to complete for you. Your solicitor will then be able to help you understand what kind of deadlines, materials, payment dates and scope were set out in the contract as you don’t want to go without comprehending these key elements – they could really work against your favour!
In your initial consultation, you should also identify your homeowner goals and expectations so that the solicitor knows when you would like the home completed (within reason, of course!). Your solicitor will gladly fill you in on the further documentation you need regarding your specific build.
- Review your contract
Your solicitor will help you review your contract. This will help you comprehend everything you need to do on your end as well as what you can do if things aren’t going to plan.
The builder’s contract should include the following:
- Dispute resolution options
- Payment deadlines
- Scope of work
- Timelines
- Warranties & liabilities
As this may be your first time navigating a building contract, it’s important to allow your solicitor to go through each of these elements and anything else that could impact the overall construction. You never know when something outlandish will come up to impede on the completed process so it is absolutely pivotal that you and your solicitor go through these details.
- Review the key clauses
Your contract will also contain a range of key clauses that could define the project’s timeline and, consequently, outcome. These clauses include elements like delay penalties, dispute resolution, unforeseen events that could delay construction and cost you unwanted expenditure.
Having a clear understanding of your contract’s key clauses is essential to avoiding disputes should the project be delayed or subpar work be completed. Your solicitor will have a profound understanding of the building contract and its key clauses. This is essential to ensuring you get the best outcome from the build itself.
- What to discuss with your solicitor
Building a new home is complex – you will already be well aware of this. There are unforeseen elements like amendments, disputes, risks and more that could change the project’s scope and in an unfavourable manner. Therefore, it’s imperative that you discuss these potential pitfalls with your solicitor so that you have a clear understanding of how to navigate them if they arise.
- Keep a clear line of communication
Once you have enlisted your solicitor and construction has begun it is important to keep in contact with them if you think the builder isn’t getting the job done as planned. Because, sure, your solicitor helped you understand the key clauses during your initial consultations, but they can always look a lot different in real life situations!
