Residential Building Contracts

Residential building contracts in Australia are heavily regulated. Every state and territory imposes mandatory requirements on the form and content of contracts for domestic building work, requirements that differ materially from one jurisdiction to the next.

In New South Wales, the Home Building Act 1989 mandates specific contract inclusions, imposes limits on deposits, requires home building compensation fund certificates, and provides statutory warranties. In Victoria, the Domestic Building Contracts Act 1995 imposes different mandatory provisions and progress payment limits. Western Australia’s Home Building Contracts Act 1991, Queensland’s QBCC Act, and the legislation in South Australia, Tasmania, the ACT, and the Northern Territory each have their own requirements.

Christopher Larcos provides specialist advisory on residential building contracts, with a particular focus on ABIC contracts used for architect- administered residential building work. His dual qualification as a solicitor and architect means he understands both the legal compliance requirements and the practical construction context, whether the project is in Sydney, Melbourne, Brisbane, Perth, Adelaide, Hobart, Canberra, or Darwin. If you are still deciding on a form, his guide on choosing the right building contract compares the HIA, ABIC and Master Builders options.

Depending on the governing legislation and the nature of the issue, a non-compliant residential building contract may affect enforceability or payment rights, or expose a party to statutory consequences. Advice at the contract stage can identify those risks early and reduce the likelihood of those consequences, at a fraction of the cost of dealing with them mid-construction.