HIA vs MBA Contracts

HIA and MBA are the two main standard-form residential building contracts used in South Australia. They are not the same, and the differences can affect your rights.

Two different standard forms

The Housing Industry Association (HIA) and Master Builders Association (MBA) each publish their own contracts. A builder will usually present one of them.

They handle key issues differently

Variations, extensions of time, progress payments and dispute resolution can be structured differently between the two forms. The label on the cover does not tell you the detail.

Special Conditions change both

Either form can be heavily amended by Special Conditions. Two builders using the same standard form can still offer very different bargains.

Know which form you are signing

If the builder hands you a contract without explaining what it means, you are signing something you have not truly read.

Compare like with like

When comparing builders, compare the actual contractual terms, not just the price or the brand of the contract.

Questions to ask before signing

Which standard form is this? How does it treat variations, time and disputes? What Special Conditions have been added? How does it differ from the other common form?

The key lesson

The contract type and its amendments shape your rights. Understand the specific form and its Special Conditions before you sign.

Before You Sign

This guide provides general educational information for South Australian homeowners. It is not personalised legal advice. The effect of any issue depends on the wording of your own contract, schedules, Special Conditions, plans, specifications and the facts of the project. A good builder and a well-understood contract should work together. Before committing to one of the largest financial transactions you may ever undertake, consider having the actual contract reviewed so you understand the obligations, notice requirements and consequences before they are tested on site.

Before You Build. One Signature. One Chance.