Rostron Carlyle Rojas Lawyers are experts in providing unmatched knowledge and experience in the preparation and interpretation of building contract documents. Our assistance can be fully inclusive, extending from assistance in: negotiations; to the contract document phase (including contract of sale document); and with any disputes or concerns if they arise.
What are the contract documents and why are they so important?
A common question we receive is, “what is included in the contract documents”? A contract is a written or spoken agreement that is intended to be enforceable by law and the contract documents are all of the written material which combine together to make up the contract.
Contract documentation for a building project are crucial to get right as improper and unclear contract drafting can be detrimental, potentially leaving your interests unprotected, which may result in financial loss or your inability to use a right that you should have under the contract.
Contract document management is vital to get right and many different standard form contracts exist to try to assist in ensuring that your contract is valid and fit for purpose (such as HIA standard construction contract (for domestic building works) and as4902 design and construct contract (for commercial building).
What must I do for my contract to be valid?
Building contracts must meet the same standard as any other contract under Australian Contract Law, but they also must fulfill legislative requirements.
Namely this legislation being the:
- Building Industry Fairness (Security of Payment) Act 2017; and
- Queensland Building and Construction Commission Act 1991.
We offer services in the following:
- Advice on all forms of Industry Standard Contracts, i.e. design and construct, cost plus contracts, fixed price contracts, period trade contracts, subcontracts, trade contracts, novated contracts/deeds;
- Drafting bespoke contracts and terms and conditions;
- Advising, negotiating and amending contracts as required;
- Contract negotiation and representation;
- Amending Industry Standard Contracts with special conditions tailored to your business;
- Yearly contract review and advice consultation.