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Old 26-01-2005, 11:51 PM
serotonin sid
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Default Help Deciphering Contract…

I would appreciate anyones comments/suggestions with regard to the following aspects of the contract that I have just received.

The development isn’t covered by homebond although I remember the builder telling me that they use an alternative (I think it was premier bond). There is no mention of this in the contract.
1. Am I covering myself legally if I just request proof of this separately rather than getting it included in the contract itself?

2. Is the following standard? I want everything on my snag list completed before they get the final payment….what sort of things are minor defects?
The purchase must be competed within 14 days once notice from the builder has been received. Failure to complete the purchase within the time limit – unless due to major defects – entitles the builder to charge interest for late payment.

3.Is the following standard – and how does the law quantify “minor” variations..?
2.(c). No minor deviation from or minor variation of the plans shall vitiate this agreement

4.Is the following standard?
The following defects to be excluded from the contractors liability:
(i). hair cracks in plaster work;
(ii). Defects or damage in paint work;
(iii). Defects in plasterwork or damage occurring in the works by reason of the operation of the central heating system.
(iv). Consequential loss arising as a result of any defect or the remedying thereof.

There were no plans forwarded with the contract despite the first clause in the contract saying that a copy has been provided to me!
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Old 26-01-2005, 11:55 PM
ClubMan ClubMan is offline
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1. Am I covering myself legally if I just request proof of this separately rather than getting it included in the contract itself?

Where a property is covered by Homebond the relevant documentation (HB47 form?) is included with the deeds. If an alternative to Homebond is used then presumably documentary evidence should be forthcoming?

2. Is the following standard?

Such contracts are always weighted in the developer's favour unfortunately!
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Old 27-01-2005, 05:57 AM
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Get your solicitor to get the documentation that should be included with the contract. Remember anything that has been said etc isn't binding , it's what you sign up to in the contract.
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Old 29-01-2005, 12:23 AM
serotonin sid
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Thanks for the input guys.
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