Victorian Consolidated Legislation

House Contracts Guarantee Act 1987 - SECT 19

Variation of domestic building work contract

19. Variation of domestic building work contract



(1) Subject to subsection (2), if at any time after a domestic building work
contract is entered into a variation is made to the contract, the builder is
not entitled to recover in any court the cost of any work performed or
materials supplied under the variation unless the variation is in writing and
signed by the builder and the building owner personally or by an agent
authorised to act on behalf of the builder or building owner.

(2) Subsection (1) does not apply to a variation that is made necessary by-

   (a)  any written directions lawfully given by a building surveyor; or

   (b)  circumstances that could not reasonably have been foreseen by the
        builder at the time the contract was entered into-

if the builder gives to the building owner within seven days after the
variation is made a statement setting out the reason for, and the cost to be
incurred in consequence of, the variation and a copy of the directions (if
any) given by the building surveyor.

(3) This section does not apply in relation to a cost plus contract.