Home Services Home Building Contracts

Home Building Contracts

Our expert team is headed by a dual qualified leading industry expert and Accredited Adjudicator and 3 Accredited Specialists in Commercial Litigation, making us one of the most recognised Building & Construction Law teams in New South Wales. 
Free Case Evaluation
Jump to

Contracts for residential building work must comply strictly with the Home Building Act 1989 (NSW), incorporate important statutory warranties and are subject to statutory licensing and insurance requirements.

Our expert Home Building Lawyers have extensive experience assisting Builders and Home Owners to negotiate and perform complying residential building contracts.

We regularly deal with Housing Industry of Australia (HIA) and Masters Building Association (MBA) standard from contracts and Special Conditions.

How We Help

We help clients understand and make effective Home Building Contracts whatever the value of the project including by:

  • Preparing standard form Residential Building Contracts and Special Conditions for Builders,
  • Drafting Subcontracts and Preferred Subcontractor Agreements for Builders,
  • Drafting standard form contract documents and Terms & Conditions of Trade for Subcontractors and Suppliers,
  • Advising Builders and Home Owners in relation to Statutory Warranties and compliance with the Home Building Act,
  • Contract reviews and advice for Home Owners,
  • Recommending and negotiating contract amendments,
  • Negotiating and documenting Contract Variations, and
  • Advice in relation to contract performance issues, variations and delays.

Regulated Contract Terms & Rights

The Home Building Act regulates, for the benefit of Home Owners, the form and a range of terms applicable to residential building contracts, depending on the contract value, including:

  • Requirements that contracts be in writing and be dated and signed,
  • Inclusion of the Builder’s Contractor Licence number,
  • Prescribed clauses dealing with Plans & Specifications and Quality of Construction,
  • A Checklist for Home Owners,
  • Maximum Deposits,
  • Entitlement to Deposits,
  • Cooling Off Periods,
  • Builders’ Statutory Warranties,
  • Builders’ Insurance against Insolvency,
  • Authorised Progress Payments,
  • Charges over land, and
  • Mandatory Arbitration clauses.

The contracting, licensing and insurance requirements under the Home Building Act vary depending on the whether the value of the works in less than $5,000, between $5,000 and $20,000 or greater than $20,000. The various requirements and statutory warranties are detailed in the Home Building Act Guide below.

The Building and Construction Industry Security of Payment Act regulates, for the benefit of Builders:

  • Rights to progress payments,
  • Due dates for progress payments,
  • Interest on unpaid progress payments,
  • Statutory liability for progress payments and/or adjudication of Payment Claims, and
  • Rights to suspend works

Security of Payment Guide

Get Paid. When it matters most. The essential tool for every business owner in the building and construction industry.

Download Free Guide View eGuide

A Home Builder’s Guide to Resolving Disputes in NCAT

An essential Guide to help Home Builders develop a robust defence and achieve a more favourable outcome in an NCAT dispute. Don’t get caught out; get the right advice and get it fast.

Download Free Guide View eGuide

Home Building Act Guide

An introduction to contractor licensing, statutory warranties, mandatory contracting requirements and insurance under the Home Building Act 1989 (NSW).

View eGuide

Guide to Making Effective Business Contracts – Contractors

Making effective everyday contracts is simply a must for contractors and suppliers.

View eGuide

Work Health & Safety Guide

An introduction to PCBUs’ duty of care and Officers’ duty to exercise due diligence under the Work Health & Safety Act NSW (2011).

View eGuide

We are absolutely thrilled with the result Roberts Crosbie Mortensen achieved for our company!

“After a long battle over a very large sum of money, Ned achieved the best possible outcome for us. He was incredibly professional, while at the same time extremely patient and easy to talk to. We could not fault our experience with Roberts Crosbie Mortensen and would recommend them without hesitation.”

Ned always places his client’s best interests first.

“His focus on developing long term relationships, coupled with his industry and business experience, delivers great results for his clients.”

Ned speaks and understands the language of our industry.

Ned has always been very prompt in all his communication and he always explained things in an easy manner.

I was in trouble with my builder Ajit Construction. In 20 months the builder only did slabs of my house and was giving excuses every week. I engaged Ned who helped me in getting my contract terminated with Ajit Construction. He provided all the options to me so I could take required decesion.  Finally I engaged a new builder who took my job. I was so impressed with Ned’s deep knowledge that I referred him to all the clients of Ajit who were struggling with Ajit. Again thanks to Ned for bringing me out of the wood.

Amit Kumar Govil

We could not fault our experience with Roberts Crosbie Mortensen Lawyers and would recommend them without hesitation.

“We are absolutely thrilled with the result Roberts Crosbie Mortensen Lawyers achieved for our company! After a long battle over a very large sum of money, Ned achieved the best possible outcome for us. He was incredibly professional, while at the same time extremely patient and easy to talk to.”

Angela Whitney-Offen

I was very impressed with Roberts Crosbie Mortensen and grateful to the team.

“From my first phone call, I got the impression the whole team, admin included were professional and caring.

Sannan guided us through a difficult situation with ease and without him and the team at Roberts Crosbie Mortensen we would have had a very different outcome.”

Katherine

Ned handled our matter as if it was his own. His prompt assistance and excellent advice were very much appreciated.

More Accredited Specialists in Commercial Litigation than 99% of all law firms in NSW.
Our Specialists

Home Building Lawyers

Sam Roberts

Managing Director
Accredited Specialist (Commercial Litigation)
Newcastle

Sam is an Accredited Specialist in Commercial Litigation with over 20 years’ experience helping businesses solve complex legal problems.

Amanda Crosbie

Solicitor Director
Accredited Specialist (Business Law)
Newcastle

Amanda’s practice focuses on providing timely corporate and commercial services to established and growing SMEs.

Ned Mortensen

Principal Solicitor
Accredited Adjudicator (Security of Payment)
Newcastle

Ned’s considerable experience in the construction industry before coming to the law makes him a formidable opponent for any building dispute.

Tony Peterson

Principal Solicitor
Accredited Specialist (Commercial Litigation)
Newcastle

Tony has a decade of experience in national and international law firms representing high net wealth individuals and businesses in large and complex commercial disputes.

Jack Lindgren

Senior Associate Solicitor
Accredited Specialist (Commercial Litigation)
Newcastle

Jack is a specialist Commercial Litigation Lawyer adept at resolving complex commercial disputes, with a focus on Professional Negligence, Building & Construction, Employment and Insolvency related claims.

Andrei Jerdetski

Solicitor
Sydney

Andrei is a dual qualified Building & Construction Lawyer whose practice focuses on the resolution of complex commercial and residential building disputes.

Isabella Hudson

Solicitor
Newcastle

Isabella is a determined and energetic Commercial Litigation Lawyer who aspires to provide every client with a positive legal experience.
View all Lawyers

Related Articles

My Home Builder is “running late”. When can I terminate my residential building contract and get another builder to complete the work?

My Home Builder is “running late”. When can I terminate my residential building contract and get another builder to complete the work?

14 Jun, 2022
Ned Mortensen

Home Builders: Dealing with Material Shortages & Price Increases

We’re seeing more and more builders going into liquidation leaving homeowners with half finished houses that good builders don’t want to touch because firstly, the previous builder’s building work could be a warranty liability and secondly because they still have their own full books to run.

21 Mar, 2022
Ned Mortensen

Getting Security of Payments Right

Subcontractors often come to us at the eleventh hour for help when they haven’t been paid, but there are some common pitfalls that can put the benefit of the Security of Payments Act out of their reach. In this article I have summarised some of the most frequent problems encountered.

09 Nov, 2021
Ned Mortensen

New Risk Fines for Residential Builders – Are your Residential Building Contracts Compliant?

Residential builders in New South Wales risk significant fines if they do not comply with their newly-created obligations in relation to the Building and Construction Industry Security of Payment Act 1999 (NSW).

04 Nov, 2021
Jack Lindgren

What Home Builders Should do When Faced with a Dispute with a Difficult Homeowner

This article explores the various legal avenues available to Home Builders facing disputes with Homeowners.

11 Jul, 2023
Ned Mortensen

Security of Payment Laws – 4 Steps to Recover Progress Claims Over $200k

If you’re a builder or subcontractor owed more than $200,000.00, it’s possible to utilise the Act to obtain a Court Judgment for the outstanding debt in less than 40 days.

27 Sep, 2022
Ned Mortensen

PPSR – The importance of registering on the The Personal Property Securities Register

The prompt registration of security interests is crucial to ensure that your security will have priority after other creditors and is enforceable in the event of a debtors insolvency.

20 Sep, 2022
Amanda Crosbie

When Can I Claim Under a Policy of Insurance Under the Home Building Compensation Fund?

Insurance under the Home Building Compensation Fund is required to be obtained by a builder entering into a residential building contract of greater than $20,000 with a home owner prior to commencing any work under that contract.

23 Jan, 2018
Amanda Crosbie

Consequences of failing to comply with the Home Building Act

The Home Building Act 1989 (“the Act“) places obligations upon contractors who contract directly with home owners to undertake residential building work.

12 Jun, 2016
Amanda Crosbie
View all Articles
Free Case Evaluation 1300 553 343
Key Practice Contact
Ned Mortensen
Principal Solicitor
Accredited Adjudicator (Security of Payment)