Construction Contract Review
Building Contract Review
Expert review of construction contracts before you sign, identifying risks, gaps, and compliance issues across all Australian jurisdictions
A building contract review before signing is a cost-effective way for an owner, builder, or architect to identify issues early and reduce the risk of construction disputes. Many contract disputes arise from issues that were visible in the contract before signing.
Christopher Larcos provides specialist construction contract review services, with a particular focus on ABIC contracts and residential building contracts across Australia. His dual qualification as a solicitor and architect means his reviews address both the legal implications and the practical construction consequences of contract terms, whether the project is in Sydney, Melbourne, Brisbane, Perth, Adelaide, Hobart, Canberra, or Darwin.
A contract review by a construction contract specialist differs from a general legal review. Where a generalist solicitor might identify legal issues, a specialist who has administered contracts, adjudicated payment disputes, and drafted hundreds of special conditions understands how contract terms play out in practice, which clauses cause problems during construction, not just in theory.
Christopher reviews ABIC contracts (SW 2018 H, CP-2014 C), Master Builders contracts, HIA contracts, and bespoke construction agreements. If you are still weighing up which form to use, his guide comparing the main building contracts sets out how the HIA, ABIC and Master Builders forms differ. For residential building projects, he also checks compliance with the applicable state legislation: the Home Building Act 1989 (NSW), Domestic Building Contracts Act 1995 (Vic), Home Building Contracts Act 1991 (WA), or the equivalent Act in Queensland, South Australia, Tasmania, the ACT, or the Northern Territory.
What a Contract Review Covers
A thorough construction contract review examining the terms that matter most to the outcome of the project, for contracts in any Australian state or territory.
ABIC Contract Review
Specialist review of ABIC SW 2018 H and ABIC CP-2014 C contracts, identifying gaps in the standard form, assessing proposed special conditions, and checking the contract against identified requirements of the residential building legislation applicable to the project in NSW, Victoria, Queensland, Western Australia, South Australia, or Tasmania.
Risk Allocation Assessment
Analysis of how the contract allocates risk between the parties, identifying clauses that create disproportionate exposure, assessing whether the risk allocation matches the commercial intent, and recommending targeted amendments.
Payment Regime Review
Detailed review of the contract's payment provisions: progress claim procedures, payment certification timelines, retention mechanisms, and interaction with security of payment legislation in the relevant Australian jurisdiction.
Compliance & Legislation Check
Review of the building contract against identified mandatory content and procedural requirements of the legislation applying to the project, including the Home Building Act 1989 (NSW), Domestic Building Contracts Act 1995 (Vic), Home Building Contracts Act 1991 (WA), and equivalent Acts across Australia.
Contract Review for Subcontractors
Review of subcontracts before you sign: back-to-back terms passed down from the head contract, payment and security of payment provisions, retention, set-off, variation and delay clauses, and the terms that most often leave subcontractors carrying risk they never priced for.
Common Issues Found in Building Contract Reviews
Across reviews of ABIC, Master Builders, HIA and bespoke contracts, recurring issues include:
- Payment provisions that don't comply with security of payment legislation in the relevant state
- Special conditions that conflict with the standard-form terms they purport to amend
- Missing or inadequate variation procedures that leave parties exposed to scope disputes
- Extension of time provisions that are unworkable in practice or that create unintended bar dates
- Non-compliance with the Home Building Act (NSW), Domestic Building Contracts Act (Vic), or equivalent legislation
- Ambiguous contract administration provisions in ABIC contracts that blur the architect's role
These issues can often be identified before signing and addressed through suitable contract amendments or special conditions, or by choosing a different contract approach. Early correction is generally less costly than resolving a mid-construction dispute through adjudication or litigation.
How a Building Contract Review Works
A specialist review is a structured read of the whole contract, not just the clauses that catch the eye. Each review moves through the same stages, adapted to the contract in front of it:
Confirm the form and the parts
Identify the standard form and edition, and gather the general conditions, annexures or schedules, special conditions, drawings and specifications that make up the agreement.
Map the commercial deal
Check that the price, payment mechanism, program and scope match what the parties agreed, and that the special conditions do not contradict the standard form they amend.
Test the risk allocation
Work through variations, extensions of time, delay costs, latent conditions, liquidated damages, security and insurance, including whether the allocation is workable and insurable.
Check statutory compliance
Check the contract against identified requirements and risks under the residential building legislation and security of payment regime applying in the relevant state or territory.
Report with recommendations
Set out the issues in plain language, ranked by importance, with practical amendments or special conditions to fix them before signing.
Contract Review in Every State and Territory
Construction contracts are read against the law of the state or territory where the work is carried out, and that law differs across the country.
NSW, Victoria and Western Australia
Residential reviews check the Home Building Act 1989 (NSW), the Domestic Building Contracts Act 1995 (Vic), or the Home Building Contracts Act 1991 (WA), as applicable to the project.
Queensland and other jurisdictions
Queensland projects are checked against the QBCC Act, with the equivalent legislation applied in South Australia, Tasmania, the ACT and the Northern Territory.
Practical review across Australia
Advice is provided remotely from a New South Wales base. Every contract is read by a reviewer who has administered contracts and adjudicated payment disputes, for how it will run on site as well as how it reads on the page.
Who Should Get a Building Contract Review?
Owners about to sign an ABIC, Master Builders, or HIA building contract
Builders reviewing contract terms proposed by an owner or architect
Architects preparing ABIC contracts for projects in Sydney, Melbourne, Brisbane, Perth, or Adelaide
Subcontractors reviewing head contract flow-down provisions
Parties concerned about compliance with state residential building legislation
Legal practitioners seeking specialist construction contract input for their clients
Need a Building Contract Reviewed?
Whether you’re about to sign an ABIC contract, a Master Builders contract, or a bespoke agreement, get in touch for a specialist review that identifies the issues that matter, before construction begins.
Common questions
When should a building contract be reviewed?
A review is most useful before signing, while unclear terms, disproportionate risks and compliance issues can still be identified and addressed through negotiation or amendment.
What does a construction contract review cover?
The review examines the contract form, commercial terms, risk allocation, payment regime, variations, extensions of time, special conditions and applicable statutory requirements.
Which building contracts can be reviewed?
Reviews can cover ABIC SW 2018 H and CP-2014 C contracts, HIA and Master Builders forms, bespoke construction agreements and subcontracts.
Does an ABIC review include special conditions and state compliance?
Yes. An ABIC review can assess proposed special conditions and check the contract against the residential building legislation that applies in the project's jurisdiction.
More on getting a building contract right before you sign
Front-End Construction Lawyer
Contract selection, structuring, drafting and negotiation before the build begins.
Front-end construction law adviceWhat Happens If Your Builder Becomes Insolvent?
The payment, security and termination terms that decide your position if a builder fails.
Builder insolvency and your contractResidential Contract Rules by State
The Act that governs residential building contracts in each state, and what it requires.
Find the Act for your stateSpecialist Credentials
- Fellow of the Australian Institute of Architects (FRAIA)
- Dual-qualified solicitor and registered architect
- 40+ years in the construction industry
- Adjudicator across five Australian jurisdictions
- Former NSW & Queensland Editor, Building & Construction Law Journal