New South Wales Repealed Regulations

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This legislation has been repealed.

HOME BUILDING REGULATION 1997 - SCHEDULE 5

SCHEDULE 5 – Additional contract provisions

(Clause 68 (1))

Form 1 - Checklist for owners entering building contracts

1 Checklist

1 Does the contractor hold a current contractor licence? Yes □ No □
2 Does the licence cover the type of work included in the contract? Yes □ No □
3 Is the name and number on the contractor’s licence the same as on the contract? Yes □ No □
4 Is the work to be undertaken covered in the contract, drawings or specification? Yes □ No □
5 Is the contract price clearly stated? Yes □ No □
6 If not, is there a warning that the contract price is not known? Yes □ No □
7 If the contract price may be varied, is there a warning and an explanation about how it may be varied? Yes □ No □
8 Are you aware of the cooling off provisions relating to the contract? Yes □ No □
9 Is the deposit within the legal limit? The limit is 10% for work costing $20,000 or less or 5% for work costing more than $20,000. Yes □ No □
10 Is the procedure for variations understood? Yes □ No □
11 Are you aware of who is to obtain any council or other approval for the work? Yes □ No □
12 Do you understand that the contractor must have a policy of home warranty insurance under the Home Building Act 1989 and provide you with a certificate of insurance before receiving any money under the contract (including a deposit) or before doing any work for more than $12,000? Yes □ No □
13 Has the contractor given you a document that explains the operation of the Home Building Act 1989 and the procedures for the resolution of contract and insurance disputes? Yes □ No □

2 Signatures

Do not sign this contract unless you have read and understand the clauses as well as the notes and explanations contained in this document.
If you have answered “no” to any question in the checklist, you may not be ready to sign the contract.
Both the contractor and the owner should retain an identical signed copy of this contract including the drawings, specifications and other attached documents. Make sure that you initial all attached documents and any amendments or deletions to the contract.

3 Signed copy of contract

Under the Home Building Act 1989 a signed copy of the contract must be given to the owner within 5 working days after the contract is entered into.

4 Home warranty insurance

The contractor must provide the owner with a certificate of home warranty insurance (for work over $12,000) before commencement of work and before demanding or receiving any payment.

5 Owners acknowledgement

I/we have been given a copy of the Consumer Building Brochure and I/we have read and understand it.
I/we have completed the check list and answered “ Yes ” to all items on it.

Note: Where the owner is a company or partnership or the contract is to be signed by an authorised agent of the owner, the capacity of the person signing the contract, eg director, must be inserted.

Signature
Name [print]
Capacity [print]

Signature
Name [print]
Capacity [print]


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