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New Construction Home Contract

New Construction Home Contract Template for Australia

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Key Requirements PROMPT example:

New Construction Home Contract

"I need a New Construction Home Contract for a luxury beachfront property in Gold Coast, Australia, with specific provisions for coastal construction requirements and high-end finishes, with construction planned to commence in March 2025."

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Document background
The New Construction Home Contract is a legally binding agreement used in Australia for the construction of new residential properties. It serves as the primary document governing the relationship between a licensed builder and a property owner, setting out their respective rights, obligations, and responsibilities throughout the construction process. This contract type is essential for any new home building project and must comply with state-specific building legislation, such as the Home Building Act and Domestic Building Contracts Act. It includes detailed specifications of the works, pricing structures, progress payments, construction timeframes, quality standards, and warranty obligations. The document also addresses critical aspects such as variations, dispute resolution procedures, and statutory insurance requirements, making it suitable for both standard residential construction and custom home builds.
Suggested Sections

1. Parties: Identification of the Builder and Owner, including full legal names, addresses, and license details

2. Background: Context of the agreement, including property details and purpose of construction

3. Definitions: Defined terms used throughout the contract

4. Contract Price and Payment Terms: Total contract sum, payment schedule, and progress payment conditions

5. Scope of Works: Detailed description of the construction works to be performed

6. Construction Period: Commencement date, completion date, and provisions for extensions of time

7. Builder's Obligations: Core responsibilities including workmanship, compliance with codes, and insurance requirements

8. Owner's Obligations: Access requirements, approvals to be obtained, and cooperation obligations

9. Variations: Process for requesting, pricing, and implementing changes to the works

10. Quality and Inspections: Quality standards, inspection rights, and defects liability period

11. Insurance and Risk: Required insurances, risk allocation, and indemnities

12. Default and Termination: Events of default, termination rights, and consequences

13. Dispute Resolution: Process for handling disputes including mediation and arbitration procedures

14. General Provisions: Standard boilerplate clauses including notices, governing law, and entire agreement

Optional Sections

1. Provisional Sums: Include when certain costs cannot be accurately determined at contract signing

2. Prime Cost Items: Include when specific fixtures or fittings are to be selected later

3. Finance Conditions: Include when contract is subject to owner obtaining finance

4. Rock and Site Conditions: Include for sites with potential ground condition issues

5. Statutory Warranty Insurance: Include when required by state legislation (varies by jurisdiction)

6. Environmental Requirements: Include for projects with specific environmental compliance needs

7. Display Home Provisions: Include if the house will be used as a display home

8. Stage Release Requirements: Include for staged subdivisions or developments

Suggested Schedules

1. Schedule 1 - Contract Details: Key contract information including parties' details, price, and dates

2. Schedule 2 - Progress Payment Schedule: Detailed breakdown of progress payments and completion stages

3. Schedule 3 - Plans and Specifications: Approved architectural plans, engineering drawings, and specifications

4. Schedule 4 - Fixtures and Fittings: Detailed list of included fixtures, fittings, and their specifications

5. Schedule 5 - Prime Cost and Provisional Sum Items: Items and allowances for PC items and provisional sums

6. Schedule 6 - Special Conditions: Any special or additional conditions specific to the project

7. Appendix A - Site Investigation Reports: Soil tests, survey reports, and other site-specific investigations

8. Appendix B - Planning and Building Approvals: Copies of relevant permits and approvals

9. Appendix C - Energy Efficiency Requirements: Energy rating certificates and compliance documents

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions











































Clauses



































Relevant Industries

Residential Construction

Real Estate

Construction Services

Building Materials

Architecture and Design

Property Development

Construction Finance

Home Insurance

Relevant Teams

Legal

Construction Operations

Sales

Contract Administration

Risk Management

Compliance

Project Management

Finance

Client Relations

Quality Assurance

Relevant Roles

Construction Manager

Contract Administrator

Project Manager

Legal Counsel

Risk Manager

Building Supervisor

Quantity Surveyor

Sales Manager

Client Relations Manager

Compliance Officer

Operations Manager

Site Manager

Estimator

Building Designer

Finance Manager

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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