Are you wondering why your strata work to repair or maintain your strata building is over budget, riddled with delays, plagued with costs overruns and variations at every turn?
It is important to consider and follow these steps:
- Before tendering for the work to be done, have your building contract, consultancy agreement and/or separate superintendent contract, prepared or reviewed by an experience strata and construction lawyer
- Select the appropriate type of construction contract for your project such as a minor works construct only contract, or a design and construct contract and understand which party is responsible for the preparation of all necessary designs for the contract works
- Search for a builder or tradesperson current contractor or tradesperson licence , building practitioners licence and/or design practitioner licence (if relevant) Verify licence — the place to look up and verify NSW licence and registration information, and review an ASIC search to check for any compliance transgressions
- Appoint a separate superintendent to oversee and assess the builder’s work, and assist with the contract administration during the project
- Request and ensure your contract price is actually a lump sum price and contract ie no adjustments for things like: delay caused by the builder, rise and fall or bad weather. This means limiting variations and ensuring all variations are approved by the owners corporation or owners association
- Include contractual and statutory warranties holding the builder accountable for defects and rectifying defects. This can include shifting risk, analysing and considering the interplay between the ordinary contractual clauses, indemnities, warranties (either statutory or contractual) and representations [insert link to article on contractual clauses]
- Ensure the builder has the correct and appropriate insurances eg: site/building works insurance, vehicle insurance, workers compensation insurance, professional indemnity insurance (for any design). Check the contract does not jeopardise your strata insurance policies; consider sending the contract to be checked by your insurance broker or insurer; your strata manager can assist with facilitating this
- Include provisions for access to common property and lots, storage of material and work areas, parking, cleaning and repairs to property damaged during the works
- Ensure all laws specific to strata and residential building work have been included such as: the Home Building Act 1989 (NSW), Design and Building Practitioners Act 2020 (NSW), Strata Schemes Management Act 2015 (NSW), Building and Construction Industry (Security of Payments) Act 1999, Environmental Planning and Assessment Act 1979, Work Health and Safety Act 2011 (NSW), National Construction Code
- Consider if the proposed contract has any Unfair Contracting Terms which are prohibited by the Australian Consumer Law, refer articles, Owners Corporations / Associations now subject to Unfair Contract Terms and Unfair contract terms in outdated standard form contracts could cost you a fine of $50 million (Companies) or $2.5 million (Individuals)