Mandatory disclosure and minimum requirements for residential building contracts are now law.This will affect you if you are:. a residential building contractor;. a house-building company; or. a developer offering house-and-land packages.What has happened?On 20 November, the Government used urgency to pass the Building Amendment Bill (No.4), now the Building Amendment Act 2013. This Act will be effective as soon as relevant regulations under it are drafted (likely to be early 2014). One of the key changes to building legislation that the Act has made is that there are new mandatory disclosure requirements and minimum contractual requirements for all residential building contracts.
What are residential building contracts?A 'residential building contract' is any agreement relating to building work on a residential dwelling.There are some exceptions, including:. subcontracts;. contracts for design work only (ie, agreements with architects);. contracts for boarding houses or specialised accommodation (eg, retirement villages (but not independent units) and student accommodation).New requirementsA residential building contractor will now be required to meet certain documentation requirements. These means that you need to provide the client:Pre-contract disclosure. certain disclosure information;. a prescribed checklist;Form of contract.
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a written contract containing certain minimum requirements;Completion information. certain completion information, such as details of guarantees and maintenance requirements (this information also needs to be provided to the relevant council).Pre-contract disclosureThe exact content of the disclosure and minimum contract requirements will be set out in the regulations currently being drafted.
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Government model RFx templatesRFx is a generic acronym used to cover an assortment of tender types, such as Request for Quote (RFQ) and Request for Proposal (RFP). Government model RFx templates are standardised templates intended to cover the majority of tenders that an agency undertakes.Individuals, working for a government agency, who wish to use these templates should check first with their internal procurement or legal team. It is not recommended that you use these documents without seeking advice from these teams.Refer to the section of the website on what else you should do at this stage of the procurement process.