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  • | 6 Jun 2013

    Waste Management Contractors

    Most of the contractors who specialise in recycling construction and demolition materials in Western Australia will negotiate removal logistics and prices for materials with you so that solutions are tailored to your project. Enquire about different costs for any separated waste. Ensure that at all times collectors implement litter management controls like covering their loads […]

  • | 6 Jun 2013

    Site Works and Contracts

    Site costs can be a difficult element of a building contract. In most situations, builders will not specify an exact amount for site works, but will nominate a “provisional sum” or best estimate which may be adjusted up or down depending on work actually required. Under the Home Building Contracts Act a builder cannot just […]

  • | 6 Jun 2013

    Shared Equity Scheme

    A shared equity arrangement is where two or more parties agree to co-purchase an asset, and share in any capital appreciation of that asset over time.  The parties may agree on a 70/30 ownership or any other shared arrangement.   The parties need to consider whether recurring expenses such as stamp duty rates and taxes and […]

  • | 6 Jun 2013

    Rise and Fall Clause

    In times of volatile building costs, builders will look at ways of reducing the risk of signing “fixed price” contracts with clients, contracts which leave the builders bearing the total burden of fluctuating costs over the construction period. In the last boom, massive increases and fluctuations in the price of roof tiles, steel and copper […]

  • | 6 Jun 2013

    Off the Plan

    An off the plan property transaction involves signing a contract with a developer to buy either vacant land, or land to be developed with a building on it, before land sub-division or titles are issued. Usually an initial deposit is paid at the time of contract signing, with the balance payable at settlement, after title […]

  • | 6 Jun 2013

    Preliminary Agreements

    A Preliminary Agreement (PA), or Preparation of Plans Agreement, is a common document used by builders dealing with clients in the early stages of building a new home. These agreements do not involve building work and are preparatory to entering a building contract. Some common features are: the consumer is committed to paying a “deposit”, […]

  • | 6 Jun 2013

    Government Tendering

    The Department of Treasury and Finance oversees Tenders WA, which commenced from March 2009.  The system replaced Gem Tendering, also known as the Contracting Information Bulleting Board, as the central online source of information on Western Australian public sector tenders and awarded contracts. Key functionality enhancements to the previous system include: ·         Automatic email notification of new tenders ·         […]

  • | 6 Jun 2013

    Fixed Price Contracts

    Fixed price contracts are the most common form of domestic building agreement. As the name suggests a fixed price agreement is where the builder agrees to perform building work for a fixed sum. This provides a degree of certainty to both parties, but during a period of escalating costs the builder is likely to include […]

  • | 6 Jun 2013

    Progress Payments and Disputes

    Many building contracts have an agreed price for the whole of the work with payments made when the house reaches certain stages – slab, plate height, lock-up – and so on.  Usually the builder makes a progress claim which needs to be settled within a specified time period or else penalties and interest can apply […]

  • | 6 Jun 2013

    Legal Aspects of Home Purchase

    Normally a buyer first comes into contact with the property through a real-estate agent. Remember that the agent works for the seller, not for the buyer, and that the seller pays the agent’s fees or commission for negotiating the sale. This means that the agent’s obligations are primarily owed to the seller, not to the […]