Who should be reviewing your HIA Building Contract?
You think getting the contract reviewed is optional. It's actually the moment you decide how your build will go.
Last month, I got a call from Sarah.
She'd already signed her building contract. Three months into construction, her builder hit her with $47,000 in extra costs she didn't see coming.
"I thought the contract was just standard, I didn't think I could change anything."
Here's what most people building their first home believe: the contract is a formality. Something you glance at, then sign so they can get on with the exciting stuff like choosing tiles and paint colours.
But here's what's really happening.
Your building contract isn't just paperwork. It's the rulebook for your entire build. And most of the clauses that cause budget blowouts, timeline delays, and stressful disputes? They're sitting right there in your contract before you sign.
The problem is, you don't know what you're looking at.
Who can help
Understanding the exact advice you are looking for will help you build a team of advisors that are right for your project.
There are three distinct build industry experts who you can seek advice on your building contract from:
Techincal advice from a building industry professional for advice specific to your contract, such as a Building Contract Advisor, project manager or builder,
Design advice from a design professional such as an Interior Designer, Draftsperson or Architect, or
Legal advice on interpretation of the law from a lawyer.
Building contract advice
This is where someone like me comes in. We look at the contract from a construction perspective. What's reasonable? What's risky? What should you push back on before you sign?
We help you understand things like:
Whether the particulars are filled out correctly
If the builder's special conditions are standard or weighted heavily in their favour
How to approach negotiations without damaging the relationship
What to watch for during the build based on what's in your contract
When I review a contract, I'm looking for the things that cause problems three months, six months, a year down the track.
Things like:
Does your contract lock in a clear scope of works, or is it vague enough that the builder can claim extras later?
Are the payment milestones tied to actual progress, or could you end up paying for work that hasn't been done yet?
What happens if the builder runs late? Does the contract give you any recourse, or are you just stuck waiting?
How are variations handled? Can the builder charge you whatever they want, or is there a process that keeps things transparent?
These aren't legal questions. They're practical, building specific questions that determine whether your build stays on budget and on track.
I worked with a couple recently who were about to sign a contract with a progress payment schedule that would have had them paying 70% of the build cost before the frame was even up. We renegotiated it before they signed. That one change gave them so much more control during the build.
Design advice
An interior designer, draftsperson, or architect reviews your plans and specs to make sure nothing's missing or contradictory. They catch things like incorrect measurements, missing fixtures, or design elements that won't work in practice.
This advice is critical for avoiding variations caused by incomplete documentation.
Legal advice
A lawyer interprets the law and advises on your legal rights and obligations for issues arising from contract itself. A lawyer will be able to help with legal advice that extends beyond your building contract, such as addressing broader legal issues which include interpretation of the law, rights, and obligations.
Why this matters before you sign
Once you sign, the contract is locked in. You can't go back and change the payment schedule. You can't renegotiate how variations are priced. You're committed.
And if something goes wrong during the build, your contract is the only tool you have.
I've worked with too many clients who came to me mid-build, frustrated and overwhelmed, asking "can they really do this?" And the answer is almost always: yes, because it's in your contract.
But when clients come to me before they sign? We can spot the issues, have the conversations, and make changes that give them control and clarity from day one.
One client I worked with was worried about cost blowouts. We went through her contract together and identified three clauses that would have let the builder add costs without much justification. We got those tightened up before she signed. Her build came in on budget.
That's the difference a proper contract review makes.
What you should do next
If you're about to sign a building contract, or you've just received one from your builder, don't treat it like a formality.
Get it reviewed by someone who knows construction. Someone who can tell you what the clauses actually mean in practice, and whether they protect you or leave you exposed.
Your home is probably the biggest investment you'll ever make. The contract is your only protection during the build. Make sure it's working for you.
I support clients with their HIA and Master Builders home building contracts from all states in Australia, including Victoria, ACT, Queensland, New South Wales, Tasmania, WA, and the Northern Territory.
Thanks for reading and catch you on my next post :)
Annelyse
Construction Management | M. Construction Law
