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use plain language when speaking to your clients
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don’t rush your clients, as building or renovating may be new to them, so they are on a sharp learning curve. In other words, give your clients time and understanding to think things through.
The importance of contracts
By law, home building work, renovations, additions, maintenance and swimming pool installations must be covered by a written contract between you and your client, the home owner where the contract price (including labour, materials and GST) exceeds $1,000.
Disputes can easily arise between builders and owners if there isn’t a written record of what has been agreed to. That is why written contracts are a legal requirement.
It’s always a good idea to provide your client with a copy of the contract prior to signing. This allows them time to read it through and ask questions. It is also helpful to take your client through the contract and discuss possible variations at this time. This helps to manage their expectations.
Before signing the contract, outline to your client the materials specified for the job (eg. type of door handles, doors, number of power sockets etc). Don't forget the importance of explaining to your client about the different termite management systems.
You must provide your client with a copy of the contract within five working days of signing the contract. If the contract price or the cost of labour and materials is more than $12,000 (including GST), the contract is subject to a cooling-off period of five clear business days. Within the cooling-off period, your client may cancel the contract.
The Office of Fair Trading produces two plain English contracts for residential building work. The simple, easy-to-understand contracts contain explanatory notes and instructions to give you and your client a step-by-step guide to the contracting process.
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To find out more information or to buy contracts, call 13 32 20 or visit the Fair Trading website.
| REMEMBER – Any changes to specifications or conditions must be agreed to by all parties. These changes are known as ‘contract variations’ and must be in writing and signed by all parties. Attach the variations to the original contract. |
Home warranty insurance
If a contract involves more than $12,000 (including labour, materials and GST), then home warranty insurance is a legal requirement. Before commencing work or receiving any money up front (including deposits) you must provide your client with a certificate of home warranty insurance. This informs your client that in the event that anything happens (you become insolvent, die or disappear), the work to be done is covered for structural defects, failure to commence or finish work, or any breaches of statutory warranties.
Talk to your clients
Things don’t always go to plan. With something as complex as building, you have to expect the unexpected. For this reason, it makes sense to hold regular meetings with your clients to outline progress.
Two-way communication helps prevent disputes. Most home owners don’t understand the building process. For example, they may see a nail sticking out in a wall stud (which will be covered later) and ask about it. Use these regular contacts to educate and inform them. It will stimulate positive interaction between you and your client, and they will appreciate your efforts.
| HANDY TIP – It’s a good idea to have a weekly discussion with your client, either on-site or over the phone. It provides an opportunity to talk over matters and helps ensure the project remains hassle-free. |
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