South Australian Consolidated Acts

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BUILDING WORK CONTRACTORS ACT 1995 - SECT 28

28—Formal requirements in relation to domestic building work contracts

        (1)         The following requirements must be complied with in relation to a domestic building work contract:

            (a)         the contract must be in writing;

            (b)         the contract must set out in full all the contractual terms;

            (c)         the contract must set out the name in which the building work contractor carries on business under the contractor's licence, the contractor's licence number and the names and licence numbers of any other persons with whom the contractor carries on business as a building work contractor in partnership;

            (d)         the contract must comply with any requirements of the regulations as to the contents of domestic building work contracts;

            (e)         the contract must be signed by the building work contractor and the building owner personally or through an agent authorised to act on behalf of the contractor or building owner;

            (f)         the building owner must be given a copy of the signed contract as soon as reasonably practicable after it has been signed by both parties together with a notice in the prescribed form containing the prescribed information;

            (g)         the copy of the contract and the notice given to the building owner must (apart from signatures or initials) be readily legible.

        (2)         If any of the requirements of subsection (1) is not complied with, the building work contractor is guilty of an offence.

Maximum penalty: $5 000.



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