New South Wales Consolidated Acts

HOME BUILDING ACT 1989 - SECT 18K

18K Form of contracts

(1) A contract must be in writing and be dated and signed by or on behalf of each of the parties to it.

(2) A contract must contain:

(a) the names of the parties, including the name of the holder of the building consultancy licence as shown on the building consultancy licence, and

(b) the number of the building consultancy licence, and

(c) a sufficient description of the work to which the contract relates, and

(d) the contract price if known.

(3) The contract must comply with any requirements of the regulations.

(4) If the contract price is known, it must be stated in a prominent position on the first page of the contract.

(5) If the contract price is not known or may be varied under the contract, the contract must contain a warning to that effect and an explanation of the effect of the provision allowing variation of the price. The warning and explanation must be placed next to the price if the price is known.

(6) A contract must not include as the name of the holder of a building consultancy licence:

(a) the name of any person other than the holder of such a licence, or

(b) any name that may reasonably be mistaken to be the holder’s name.

(7) This section does not prevent the holder of a building consultancy licence with a business name registered under the Business Names Act 2002 from also referring in such a contract to the business name.