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Builder Buyer Agreement for Australia

Builder Buyer Agreement Template for Australia

A comprehensive legal agreement governed by Australian law that establishes the contractual relationship between a builder and a property owner/buyer for construction works. The document outlines the scope of construction work, payment terms, timeframes, warranties, and obligations of both parties. It incorporates relevant Australian building regulations, consumer protection laws, and state-specific requirements, ensuring compliance with the Building and Construction Industry Security of Payment Act and other applicable legislation. The agreement includes detailed specifications, quality standards, dispute resolution mechanisms, and provisions for variations to the original scope.

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What is a Builder Buyer Agreement?

The Builder Buyer Agreement is a crucial legal document used in the Australian construction industry when a property owner engages a builder for construction works. This agreement is essential for both residential and commercial construction projects, providing a legally binding framework that protects both parties' interests. It must comply with Australian federal and state building regulations, consumer protection laws, and industry standards. The document typically includes detailed specifications of the work, payment schedules, completion timeframes, quality standards, and dispute resolution procedures. It's particularly important in Australia due to specific regulatory requirements such as the Home Building Act and the Building and Construction Industry Security of Payment Act. The agreement should be customized based on the project's scope, complexity, and jurisdiction-specific requirements while maintaining its core elements as a Builder Buyer Agreement.

What sections should be included in a Builder Buyer Agreement?

1. Parties: Identifies and provides full details of the builder and the buyer/property owner

2. Background: Outlines the context of the agreement, including the buyer's ownership of the land and builder's qualifications

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Works: Detailed description of the construction work to be performed

5. Contract Price and Payment Terms: Specifies the total price, payment schedule, and payment methods

6. Timeframe and Completion: Details start date, completion date, and stages of construction

7. Builder's Obligations: Lists all responsibilities and obligations of the builder

8. Buyer's Obligations: Lists all responsibilities and obligations of the buyer

9. Variations: Process for requesting and approving changes to the original scope

10. Insurance and Warranties: Details of required insurances and statutory warranties

11. Defects Liability: Specifies defect inspection, reporting, and rectification processes

12. Termination: Circumstances and procedures for contract termination

13. Dispute Resolution: Process for handling disputes between parties

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

What sections are optional to include in a Builder Buyer Agreement?

1. Site Access and Conditions: Used when specific site access arrangements or unusual site conditions need to be addressed

2. Environmental Requirements: Include when project has specific environmental considerations or requirements

3. Heritage Considerations: Required when building work involves heritage-listed properties or areas

4. Rock Clause: Include when there's potential for hitting rock during excavation

5. Provisional Sums: Used when certain costs cannot be accurately determined at contract signing

6. Prime Cost Items: Include when buyer will select specific fixtures or fittings later

7. Staged Completion: Used for large projects with multiple completion stages

8. Third Party Approvals: Include when specific external approvals are required

9. Special Conditions: Any unique requirements specific to the project

What schedules should be included in a Builder Buyer Agreement?

1. Schedule 1 - Plans and Specifications: Detailed architectural plans, engineering drawings, and specifications

2. Schedule 2 - Payment Schedule: Breakdown of progress payments and payment milestones

3. Schedule 3 - Construction Timeline: Detailed project timeline including all major construction phases

4. Schedule 4 - Inclusions and Exclusions: Itemized list of what is and isn't included in the contract price

5. Schedule 5 - Prime Cost and Provisional Sum Items: Details of items with allowances and estimated costs

6. Schedule 6 - Site Requirements: Specific requirements relating to the construction site

7. Appendix A - Required Insurances: Details of all insurance policies required for the project

8. Appendix B - Warranties: Copies of all applicable warranties and guarantees

9. Appendix C - Permits and Approvals: Copies of all building permits and relevant approvals

Authors

Alex Denne

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

Jurisdiction

Australia

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions








































Clauses








































Relevant Industries

Construction

Real Estate

Property Development

Building Materials

Architecture

Engineering

Insurance

Banking and Finance

Legal Services

Relevant Teams

Legal

Construction

Project Management

Contracts Administration

Risk and Compliance

Property Development

Architecture

Engineering

Finance

Insurance

Relevant Roles

Construction Manager

Project Manager

Contract Administrator

Legal Counsel

Property Developer

Building Surveyor

Quantity Surveyor

Site Manager

Architect

Building Inspector

Risk Manager

Compliance Officer

Insurance Underwriter

Property Lawyer

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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