Home Building Act 1989
7Form of contracts (other than small jobs)
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7 Form of contracts (other than small jobs)
7 Form of contracts (other than small jobs)
Note.
Section 7AAA applies to contracts for small jobs.
(1A) This section applies to a contract only if the contract price exceeds the prescribed amount or (if the contract price is not known) the reasonable market cost of the labour and materials involved exceeds the prescribed amount. The prescribed amount is the amount prescribed by the regulations for the purposes of this section and is inclusive of GST.
(1) A contract must be in writing and be dated and signed by or on behalf of each of the parties to it.
(2) A contract must contain—
(a) the names of the parties, including the name of the holder of the contractor licence shown on the contractor licence, and
(b) the number of the contractor licence, and
(c) a sufficient description of the work to which the contract relates, and
(d) any plans and specifications for the work, and
(e) the contract price if known, and
(f) any statutory warranties applicable to the work, and
(f1) the cost of cover under Part 6 or 6B (if insurance is required under Part 6), and
(g) in the case of a contract to do residential building work—a conspicuous statement setting out the cooling-off period that applies to the contract because of section 7BA, and
(h) in the case of a contract to do residential building work (other than a construction contract to which the Building and Construction Industry Security of Payment Act 1999 applies)—details of any progress payments payable under the contract, and
(i) in the case of a contract to do residential building work—a statement that the contract may be terminated in the circumstances provided by the general law and that this does not prevent the parties agreeing to additional circumstances in which the contract may be terminated, and
(j) any other matter prescribed by the regulations for inclusion in the contract.
(3) The contract must comply with any requirements of the regulations.