Conveyancing
Builder Agreements
Getting a new home built is an exciting and, at the same time, terrifying process. We've all heard the horror stories of paying to have a home built and something goes wrong. Many of these stories feature builders as the villain.
While most builders are honest and aim to please their clients, there are a few that perhaps need a legal agreement in place to assure that the work gets done properly.
This is where a building agreement comes in handy. A builder agreement should cover exactly what the builder is expected to do (build your home to the design submitted and to your satisfaction) and state what the payment terms are (such as whether the builder is to be paid in stages or in full at the time of completion).
The builder agreement doesn't need to be a long, drawn-out contract. The terms and conditions should state up-front what is required of you and what is required of the builder. It should state the payment terms for the construction, and it should detail what happens if there is a disagreement, which usually is that the disagreement goes to an independant arbitrator.
Your builder agreement could also cover specific details that you've previsouly discussed with the builder, such as how a certain feature is to be implemented, for instance.
In the end, you shouldn't go into the building process assuming that you will be ripped off; rather, that is the exception rather than the rule. Most building projects go off without a hitch, but it never hurts to protect yourself in the off-hand chance something does go wrong.
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* In contentious business a solicitor may not calculate fees or other charges as a percentage or a proportion of any award or settlement.
The solicitors at Damian Nolan & Co.,
Solicitors (incorporating William A.
James & Co.)
have more than 40 years of combined experience
in the following areas of law:
Residential conveyancing, commercial conveyancing, family law, divorce, separations, child custody matters, personal injury*, business law, wills and probate, civil litigation*, employment law, defamation, civil litigation*

