BUILDING CONTRACT

Date: [DATE]

BUILDER DETAILS Name: [BUILDER NAME OR COMPANY NAME] ABN: [BUILDER ABN] Address: [BUILDER ADDRESS] Phone: [BUILDER PHONE] Email: [BUILDER EMAIL] Licence Number: [BUILDER LICENCE NUMBER]

OWNER DETAILS Name: [OWNER NAME] Address: [OWNER ADDRESS] Phone: [OWNER PHONE] Email: [OWNER EMAIL]

PROPERTY DETAILS Address: [SITE ADDRESS] Lot/DP Number: [LOT/DP NUMBER]

1. DEFINITIONS AND INTERPRETATION In this agreement:

• "Works" means the building work described in Clause 2.
• "Contract Price" means the total amount payable by the Owner to the Builder.
• "Plans" means the drawings dated [DATE OF PLANS].
• "Specifications" means the document titled [SPECIFICATIONS TITLE].

2. SCOPE OF WORKS The Builder agrees to perform the Works at the Property in accordance with the Plans Specifications and this Contract.

Description of Works: [INSERT DETAILED SCOPE OF WORKS HERE]

Excluded Items: [LIST ANY ITEMS EXPLICITLY EXCLUDED]

3. CONTRACT PRICE The total Contract Price is $[TOTAL CONTRACT PRICE] (incl. GST).

This price is based on the Plans and Specifications. This price includes [COST TYPE e.g. Fixed Price / Estimate].

Provisional Sums: [ITEM] - $[AMOUNT] [ITEM] - $[AMOUNT]

Prime Cost Items: [ITEM] - $[AMOUNT] [ITEM] - $[AMOUNT]

4. PAYMENT SCHEDULE The Owner agrees to pay the Builder as follows:

1. Deposit: $[DEPOSIT AMOUNT] payable on signing this contract.
2. Progress Payment 1 ([STAGE NAME]): $[AMOUNT] payable upon completion of [STAGE].
3. Progress Payment 2 ([STAGE NAME]): $[AMOUNT] payable upon completion of [STAGE].
4. Progress Payment 3 ([STAGE NAME]): $[AMOUNT] payable upon completion of [STAGE].
5. Final Payment: $[AMOUNT] payable upon Practical Completion.

Invoices must be paid within [NUMBER] days of the date of the invoice.

5. TIMING The Builder agrees to commence work on [START DATE]. The Builder agrees to reach Practical Completion by [END DATE].

Time is of the essence. The Builder may claim an extension of time for delays beyond their control including inclement weather unavailability of materials or variations.

6. VARIATIONS The Owner may request changes to the Works. The Builder must provide a written estimate of the cost and time impact of any variation. Work on the variation will not start until the Owner approves the variation in writing. The Contract Price and completion date will be adjusted accordingly.

7. ACCESS TO SITE The Owner will give the Builder reasonable access to the site to carry out the Works. The site must be clear and ready for the Builder to start on the Start Date.

8. INSURANCE The Builder holds the following insurance:

• Public Liability Insurance: $[AMOUNT e.g. 10,000,000]
• Home Building Insurance / Home Indemnity Insurance: Policy Number [POLICY NUMBER]

The Owner must insure the property against existing risks.

9. PRACTICAL COMPLETION Practical Completion occurs when the Works are complete except for minor defects and the Owner can take possession. The Builder will give the Owner a written notice of Practical Completion. The Owner must pay the Final Payment within [NUMBER] days of this notice.

10. DEFECTS LIABILITY PERIOD The Builder agrees to rectify any defects that appear within [NUMBER e.g. 13] weeks after Practical Completion. The Owner must notify the Builder in writing of any defects during this period.

11. DISPUTE RESOLUTION If a dispute arises the parties will attempt to resolve it by negotiation. If this fails the parties agree to attend mediation. If mediation fails the matter may be referred to the relevant state tribunal or court.

12. TERMINATION The Owner may terminate this contract if the Builder abandons the site or fails to proceed with due diligence. The Builder may terminate this contract if the Owner breaches the contract and fails to remedy the breach within [NUMBER] days of receiving notice.

13. SIGNATURES

Builder Signature: __________________________ Date: //____

Owner Signature: __________________________ Date: //____

Witness Signature: __________________________ Date: //____