The New Home Construction Agreement is a comprehensive legal document used in Australia when engaging a licensed builder to construct a new residential property. It is essential for projects where a homeowner contracts a builder to construct a complete dwelling on their land. The agreement ensures compliance with the National Construction Code, state-specific building regulations, and consumer protection laws. It includes detailed specifications of the work, contract price, payment schedule, construction timeline, and quality standards. This document is particularly crucial as it provides mandatory consumer protections, includes home warranty insurance requirements, and establishes clear dispute resolution procedures. It's designed to protect both the homeowner's and builder's interests while ensuring the project meets all regulatory requirements in the Australian construction industry.
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1. Parties: Identification and details of the Owner/Client and the Builder, including license numbers and contact information
2. Background: Context of the agreement, including property details and purpose of construction
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Contract Price and Payment Terms: Total contract price, payment schedule, progress payments, and variations
5. Time for Completion: Project timeline, stages of completion, and provisions for extensions of time
6. Builder's Obligations: Core responsibilities including compliance with plans, permits, and regulations
7. Owner's Obligations: Client responsibilities including site access, approvals, and decision-making timeframes
8. Variations: Process for requesting, approving, and implementing changes to the original scope
9. Insurance and Warranties: Required insurances, statutory warranties, and home warranty insurance details
10. Work Health and Safety: Safety obligations and procedures during construction
11. Defects Liability: Defects period, identification and rectification process
12. Termination: Circumstances and procedures for contract termination by either party
13. Dispute Resolution: Process for handling disputes, including mediation and arbitration procedures
14. General Provisions: Standard legal provisions including notices, governing law, and assignment
1. Provisional Sums: Include when there are allowances for works that cannot be precisely costed at contract signing
2. Prime Cost Items: Include when there are allowances for items to be selected by the owner during construction
3. Rock and Site Conditions: Include when there are potential underground or site condition uncertainties
4. Environmental Requirements: Include when specific environmental protection measures are required
5. Heritage Considerations: Include when building on or near heritage-listed properties
6. Staging Requirements: Include when construction needs to be completed in specific stages
7. Third Party Approvals: Include when additional approvals from bodies other than local council are required
1. Schedule 1 - Contract Details: Key project information including contract price, completion date, and party details
2. Schedule 2 - Progress Payment Schedule: Detailed breakdown of progress payment stages and amounts
3. Schedule 3 - Plans and Specifications: Approved architectural plans, engineering drawings, and detailed specifications
4. Schedule 4 - Inclusions and Exclusions: Detailed list of items included and excluded from the contract price
5. Schedule 5 - Prime Cost and Provisional Sum Items: Details of items with allowances and estimated costs
6. Schedule 6 - Special Conditions: Any special or additional conditions specific to the project
7. Appendix A - Council Approvals: Copies of development approval and building permits
8. Appendix B - Insurance Certificates: Copies of required insurance policies
9. Appendix C - Construction Program: Detailed construction timeline and milestone dates
Relevant legal definitions
Agreement
Approved Plans
Base Stage
Building Approvals
Building Code of Australia
Building Works
Certificate of Occupancy
Commencement Date
Completion Date
Construction Period
Contract Documents
Contract Price
Date of Possession
Defects Liability Period
Domestic Building Work
Extension of Time
Final Payment
Force Majeure Event
Frame Stage
Home Warranty Insurance
Insurable Amount
Lock-up Stage
Material Breach
Practical Completion
Prime Cost Items
Progress Payment
Progress Payment Schedule
Project Site
Provisional Sum Items
Reasonable Access
Site Conditions
Specifications
Statutory Requirements
Substantial Breach
Variation
Work Health and Safety Requirements
Working Days
Works
Approved Plans
Base Stage
Building Approvals
Building Code of Australia
Building Works
Certificate of Occupancy
Commencement Date
Completion Date
Construction Period
Contract Documents
Contract Price
Date of Possession
Defects Liability Period
Domestic Building Work
Extension of Time
Final Payment
Force Majeure Event
Frame Stage
Home Warranty Insurance
Insurable Amount
Lock-up Stage
Material Breach
Practical Completion
Prime Cost Items
Progress Payment
Progress Payment Schedule
Project Site
Provisional Sum Items
Reasonable Access
Site Conditions
Specifications
Statutory Requirements
Substantial Breach
Variation
Work Health and Safety Requirements
Working Days
Works
Clauses
Interpretation
Contract Price
Payment Terms
Time for Completion
Extensions of Time
Building Works
Quality Assurance
Variations
Site Access
Insurance
Warranties
Work Health and Safety
Environmental Protection
Permits and Approvals
Progress Payments
Provisional Sums
Prime Cost Items
Defects Liability
Practical Completion
Risk and Property
Termination
Default and Breach
Dispute Resolution
Force Majeure
Assignment
Notices
Confidentiality
Indemnity
Governing Law
General Provisions
Contract Price
Payment Terms
Time for Completion
Extensions of Time
Building Works
Quality Assurance
Variations
Site Access
Insurance
Warranties
Work Health and Safety
Environmental Protection
Permits and Approvals
Progress Payments
Provisional Sums
Prime Cost Items
Defects Liability
Practical Completion
Risk and Property
Termination
Default and Breach
Dispute Resolution
Force Majeure
Assignment
Notices
Confidentiality
Indemnity
Governing Law
General Provisions
Relevant Industries
Residential Construction
Real Estate Development
Building and Construction
Property Development
Construction Materials
Architecture and Design
Insurance
Legal Services
Relevant Teams
Legal
Construction
Project Management
Compliance
Risk Management
Quality Assurance
Customer Relations
Sales
Property Development
Contract Administration
Relevant Roles
Construction Manager
Project Manager
Contract Administrator
Building Surveyor
Quantity Surveyor
Site Supervisor
Legal Counsel
Risk Manager
Insurance Specialist
Compliance Officer
Building Inspector
Architect
Construction Lawyer
Property Developer
Sales Manager
Customer Relations Manager
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