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. 

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.

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.

Home Building Act Guide

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

Guide to Making Effective Business Contracts – Contractors

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

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).

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.”


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.

Home Building Lawyers