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24Pre-Contract

Independent Legal Advice

A building contract is one of the largest financial commitments most people make. Getting independent advice before signing is far cheaper than resolving a dispute afterwards. The…

Independent Legal Advice

A building contract is one of the largest financial commitments most people make. Getting independent advice before signing is far cheaper than resolving a dispute afterwards.

The document is more complex than it looks

Standard forms, Special Conditions, schedules, plans and specifications interact in ways that are not obvious on a first read.

A lawyer acting for you reads it differently

A construction lawyer who works for you sees a different set of risks than a builder’s administrator preparing the paperwork.

Timing matters

Advice before signing can change the bargain. Advice after signing can only explain a commitment you have already made.

The cost is proportionate

The cost of a contract review is a fraction of the cost of a dispute during or after construction.

Advice is specific to your contract

General information cannot tell you what your particular documents actually say. A review is tailored to the deal in front of you.

Questions to ask before signing

Have I had the actual documents reviewed?

Who is advising in my interest?

What are the main risks in this contract?

What should be changed before I sign?

The key lesson

One conversation before you sign is cheaper than one dispute afterwards. Get independent advice on the contract you are actually being asked to 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.

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