The importance of obtaining legal advice from experienced a residential building contract lawyer before signing a contract cannot be overestimated. It is to your benefit to understand critical clauses within the proposed contracts to make sure that they are in accord with your best interests as the landowner/developer.
We look at a range of issues for landowners who are engaging builders. We have extensive knowledge of how builders operate and what is reasonable in a domestic building contract. This has never been more important, following the unpredictable building environment post-COVID. It is wise to protect yourself – to ensure that you are not entering into a one-sided contract.
It is important to remember that even quality builders have their contracts drafted by lawyers who are only looking out for the interests of the builder. At the very minimum, it is helpful to understand what you are signing and how the building process and timeline will work. When we review your building contract, we certainly comment about particular clauses and concepts. We will provide specific explanation to you about what we consider important for you to know. Penalty clauses, for example, need explanation and consideration. However, we do more than just explain the meaning of certain clauses – we endeavour to put things in their practical context based on our industry experience and this, alone, can be very valuable.
Our lawyers will walk you through essential contractual terms such as:
We will also thoroughly review the special conditions in the contract, which without review and amendment are often disadvantageous to a landowner. It is easy to just “sign on the dotted line” but we have people come to us who have not had proper legal advice, or sometimes no legal advice at all, who regretted not having given sufficient consideration to their domestic building contract, before signing it.
Once we review your contract, if amendments are required (and they almost inevitably are), this often leads to constructive discussions upfront with the builder with a view to making the contract more favorable to you. At the very least, your residential domestic building contract needs to be fair. Going through this process should also ensure that the written contract mirrors the verbal discussions you had with your builder.
Given that we act for clients in disputes with their builders we have a good eye for recognizing the issues of which you ought to be aware prior to entering into a building contract.
Our Brisbane Lawyers will provide you with expert legal advice as well as practical solutions. Our law firm has extensive experience in guiding client through their matter addressing commercial considerations and real-life situations and resolving issues quickly.Request a meeting
Office Hours: Monday to Friday: 8:45am – 5:15pm
(We can accommodate appointments out of these hours if required.)
We provide our legal services across Brisbane and surrounds.