DOMESTIC BUILDING CONTRACTS ACT 1995 - SECT 31 General contents etc. of a contract

DOMESTIC BUILDING CONTRACTS ACT 1995 - SECT 31

    (1)     A builder must not enter into a major domestic building contract unless the contract—

        (a)     is in writing; and

        (b)     sets out in full all the terms of the contract; and

        (c)     has a detailed description of the work to be carried out under the contract; and

        (d)     includes the plans and specifications for the work and those plans and specifications contain enough information to enable the obtaining of a building permit; and

        (e)     states the names and addresses of the parties to the contract; and

S. 31(1)(f) substituted by No. 21/2017 s. 102.

        (f)     states the registration number under the Building Act 1993 of the registered building practitioner who entered into the contract; and

S. 31(1)(fa) inserted by No. 21/2017 s. 102.

        (fa)     if a registered building practitioner has entered into the contract on behalf of a partnership, states—

              (i)     the names and addresses of each other member of the partnership; and

              (ii)     the registration number of each other member of the partnership who is a registered building practitioner; and

S. 31(1)(fb) inserted by No. 21/2017 s. 102.

        (fb)     if the builder is a corporation or a foreign company, states the ACN or ARBN of

the corporation or foreign company

(as appropriate); and

        (g)     states the date when the work is to start, or how that date is to be determined; and

        (h)     if the starting date is not yet known, states that the builder will do everything that it is reasonably possible for the builder to do to ensure that the work will start as soon as possible; and

              (i)     states the date when the work will be finished, or, if the starting date is not yet known, the number of days that will be required to finish the work once it is started ^[10] ; and

        (j)     states the contract price or, in the case of a cost plus contract, how the amount that the builder is to be paid is to be determined; and

        (k)     states the date the contract is made; and

        (l)     sets out details of the required insurance under the Building Act 1993 that applies to the work to be carried out under the contract (including any details required by the Director); and

        (m)     is in English and is readily legible; and

        (n)     has a conspicuous notice in a form approved by the Director advising the building owner of the right the building owner may have to withdraw from the contract under section 34 (the 5 day cooling-off period); and

        (o)     has a separate section that defines the key words and phrases used in the contract (for example, prime cost item and provisional sum); and

        (p)     indicates whenever a defined word or phrase is used that that word or phrase is defined in the definition section; and

        (q)     sets out the warranties implied into the contract by sections 8 and 20; and

        (r)     contains a checklist in a form approved, and containing the details required, by the Director; and

        (s)     complies with any other requirements set out in the regulations.

Penalty:     50 penalty units.

    (2)     A major domestic building contract is of no effect unless it is signed by the builder and the building owner (or their authorised agents).