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HC-7 (2018)
HC7
MASTER BUILDERS ASSOCIATION
OF VICTORIA
NEW HOMES CONTRACT
WHERE THE CONTRACT PRICE IS
MORE THAN $10,000
(must be completed in English)
Between
Oakwood Plains P/L t/as G.J. Gardner Homes Geelong
(Builder)
AND
(Owner)
Builder’s Copy / Owner’s Copy
(Delete as Applicable)
(Both the Builder and the Owner should retain a fully executed copy of this Contract)
ÓCopyright Master Builders Association of Victoria. All rights are reserved. No part of this publication
may be reproduced, copied, stored in a retrieval system, distributed or transmitted in any form, or by
any means, including photocopying, scanning or other mechanical or electronic methods without the
prior written permission of the copyright holder.
WARNING
THIS NOTICE SHOULD ONLY BE COMPLETED BY THE OWNER IF THE OWNER
WISHES TO WITHDRAW FROM THE CONTRACT WITHIN THE COOLING OFF PERIOD
STATUTORY NOTICES REQUIRED BY SECTION 31(1) OF
THE DOMESTICBUILDING CONTRACTS ACT 1995
COOLING OFF PERIOD
Notice to the Owner:
You may end this Contract within five (5) clear Business Days after receipt by you of a signed copy of the
Contract by filling in the notice below and giving it to the Builder in one of the following ways:
1. Personally;
2. Leaving it at his or her address set out in the Contract with a person who appears to be at least 16
years old;
3. Sending it by pre-paid certified mail to the address set out in this Contract;
4. Sending it by facsimile to the facsimile number (if any) set out in this Contract.
Detach along dotted line
NOTICE THAT CONTRACT IS ENDED
An Owner cannot withdraw from a contract under the Act if:
1. The Builder and the Owner have previously entered into a major domestic building contract that
is in substantially the same terms for carrying out of the Work in relation the same home or Land;
OR
2. The Owner received independent legal advice from a practicing solicitor concerning the Contract
before entering into the Contract.
To (Builder)
I/We give notice under our Contract with you that
the Contract is ended. Please refund the deposit less $100 and any out of pocket expenses incurred by
you which I have previously approved.
Owner(s) signature:
Date: / /
ANY ENQUIRIES CONCERNING THIS CONTRACT
SHOULD BE DIRECTED AS FOLLOWS:
FOR MEMBERS OF MASTER BUILDERS ONLY – CONTACT
THE MASTER BUILDERS ASSOCIATION OF VICTORIA
332 ALBERT STREET, EASTMELBOURNE 3002
FOR OTHERS – CONTACT
YOUR SOLICITOR OR CONSUMER AFFAIRS VICTORIA
Owner(s) Initials Builder’s Initials
hader heade
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________ ________
________ ________ ________________________
HC-7 (2018) 1
CONTENTS
SECTION A – GENERAL CONDITIONS OF CONTRACT 1
1. DEFINITIONS 1
2. INTERPRETATION 3
3. DISCREPANCIES AND AMBIGUITIES 4
3.1 Parties to consult if discrepancy or ambiguity found 4
3.2 Order for precedence of documents 4
3.3 Figured dimensions prevail over scaled dimensions 4
4. APPROVAL TO COMMENCE BUILDING WORK 4
4.1 Necessary steps to be taken to obtain any required permits 4
4.2 A party may terminate if necessary permits not obtained within 60 days 4
4.3 Excess amount from deposit to be refunded to Owner on termination 4
4.4 Permit is a pre-condition of Commencement 4
5. INSURABLE DOMESTIC BUILDING CONTRACTS (WARRANTY INSURANCE) 5
5.1 Definitions 5
5.2 Application to this contract 5
5.3 Before the Builder may enter an insurable domestic building contract 5
5.4 Alternative to clause 5.3 5
5.5 Costs of warranty insurance 6
6. GENERAL INSURANCE 6
6.1 Builder's obligation to comply with WorkCover requirements 6
6.2 Contract works policy to be provided by Builder 6
6.3 Public liability insurance to be provided by Builder 6
6.4 Public liability insurance to be in joint names and for specified amount 6
6.5 No responsibility on Builder if injury, death, loss or damage caused by Owner 6
6.6 Evidence of policies to be provided by the Builder upon written request 6
7. THE LAND 7
7.1 Evidence of title to the land 7
7.2 Licenses 7
7.3 Consents by registered proprietors 7
7.4 Fundamental breaches (etc) 7
7.5 All-weather access for vehicles 7
7.6 Owner’s right to view the works upon request 8
7.7 Identification of land to be provided by Owner 8
7.8 Evidence of boundaries or position of the land to be provided by Owner 8
7.9 Owners failure to provide evidence of boundaries or position of the land 8
7.10 Available services and facilities to be provided by Owner during construction 8
8. COMMENCEMENT DATE AND COMPLETION DATE 8
8.1 Commencement date 8
8.2 Commencement notice 9
Owner(s) Initials Builder’s Initials
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HC-7 (2018) 2
8.3 Reasonable allowances are included for certain delays 9
8.4 Works to be completed by the completion date 9
9. PRIME COST ITEMS AND PROVISIONAL SUMS 9
9.1 Provisional sums warranty 10
9.2 Owner to provide directions relating to prime cost items or provisional sums 10
9.3 Where a prime cost item is unavailable 10
9.4 If Owner fails to specify alternative prime cost 10
9.5 Amounts not fully expended on prime cost items or provisional sums 10
9.6 Contract price to be adjusted for amount expended in excess of prime cost item or provisional
sum allowed 10
9.7 Prime cost allowance made includes the cost of supply and delivery 10
9.8 Amount for installation, Builder’s profit and overheads is included in the contract price 10
9.9 Builder to provide copies of invoices, receipts etc to the Owner 11
10. BUILDERS OBLIGATIONS 11
10.1 The Builder’s Warranties 11
10.2 No liability for breach of a warranty if breach already known to Owner 11
10.3 Written progress claims and final claim to Owner 11
10.4 Each progress claim and the final claim to show certain details 12
10.5 If any materials are unavailable Builder will notify Owner 12
11. OWNER’S OBLIGATIONS 12
11.1 Evidence of capacity to pay the contract price 12
11.2 Continuing obligation upon Owner to provide evidence of capacity to pay 12
11.3 Builder may request evidence of capacity to pay during the contract 12
11.4 Owner’s obligation if capacity to pay is reduced or ceases 12
11.5 Owner’s obligation to pay the contract price 13
11.6 Owner’s obligation to pay deposit 13
11.7 Limits on deposit payable by the Owner 13
11.8 Owner to pay progress payments 13
11.9 Owner to pay progress claims within the stated period 13
11.10 Interest payable on outstanding payments 13
11.11 Materials supplied by Owner to be good and suitable for their purpose 14
11.12 Any plans or specifications supplied by Owner to be accurate and sufficient number of copies
to be provided 14
11.13 Foundations data provided by Owner to be accurate and may be relied upon by the Builder 14
11.14 Owner’s obligation not to interfere 14
11.15 Owner to act in furtherance of program 15
11.16 Owner’s obligation to appoint private building surveyor 15
12. VARIATIONS BY THE OWNER 15
12.1 Notice required when Owner requests a variation 15
12.2 Builder not obliged to perform variation but may agree to do so 15
12.3 Builder to provide notice to Owner in certain circumstances 15
12.4 Builder not to commence variation until certain matters satisfied 16
12.5 If variation decreases contact price, adjustment to be made in the next progress claim or the
final claim 16
12.6 Owner to pay deposit for a variation in certain circumstances 16
12.7 Builder under no obligation to commence any variation until Owner provides the required deposit
and evidence of capacity to pay 17
12.8 Owner’s obligation to pay for variation 17
Owner(s) Initials Builder’s Initials
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