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Customer Rights

Understanding Building Contracts

Contract Requirements

For residential building work over threshold amounts, contracts must include:

  • Names and addresses of parties
  • Builder's license number
  • Description of work
  • Contract price or method of calculation
  • Payment schedule
  • Start and completion dates
  • Cooling-off rights

Important Clauses

Variations

  • How changes are handled
  • Must be in writing
  • Pricing method for variations

Delays

  • Extension of time provisions
  • Liquidated damages
  • Weather delays

Defects

  • Defects liability period
  • Notification requirements
  • Rectification process

Payment Schedule

  • Deposit: Maximum 10% (most states)
  • Progress claims: Against completed work
  • Final payment: After practical completion
  • Retention: 5% held back (sometimes)

Red Flags

  • Large upfront payments
  • Vague scope descriptions
  • No completion date
  • Clauses limiting your rights

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