Contract Checklist

Listen to this Topic

You must ensure all your contract documentation complies with the DBCA. You may develop your own contracts with legal advice or use contracts that have been developed by QBCC or industry associations since 1 July 2000 and comply with the DBCA. Interstate contracts generally will not comply with this Queensland legislation.

Contracts that comply with the DBCA are available for free download from QBCC’s website.

The DBCA requires, among other things, that your contract must:

• Indicate whether the client is a resident owner (will live in the house within six months of completion of the domestic building work)
• Be in English and legible (i.e. clear and easy to read)
• Show the names and addresses of both you and the homeowner
• Indicate your licence number
• Show the date the contract is made
• The contract sets out in full all of the terms of your agreement with the homeowner
• Provide a detailed description of the work
• Contain a conspicuous notice advising the homeowner of their right to withdraw from the contract under the cooling-off provisions (Section 72)
• State the start and finish dates for the work. If the start date is unknown, the contract should state how the start date is to be decided, the number of days required to finish the work, and that work will start as soon as possible.
• Indicate allowances you have made for certain types of delay (including bad weather, weekends, public holidays, rostered days off and other likely delays)
• State the location of the building site, including a lot-on-plan or similar description
• Clearly state the total price and payment provisions. Check that the deposit does not exceed the maximum permitted under the DBCA (see the ‘Deposits and progress payments’ section of this information booklet), and that any progress payments are in accordance with the requirements of DBCA. If varied by mutual agreement with the homeowner, the replacement payment schedule must be clearly noted in the contract and must not involve payment in advance of work progress
• Include a clear warning located near the contract price referring the homeowner to any clause in the contract that may have the effect of changing the price (e.g. variation clauses and prime cost or provisional sum clauses)
• Include definitions of key terms
• Set out the warranties provided under the DBCA
• Include appropriate plans and specifications if these are required for the work. These must be sufficiently detailed to enable you to obtain any necessary approvals or authorisations from authorities. Homeowner requirements for finishes (for example, number of coats of paint required) should be stated in the specifications.
• List and describe any fixtures or fittings which are not included (i.e. not supplied by you), and
• If the work involves or affects footings or slabs, you must obtain appropriate foundations data before entering the contract (see section on ‘Foundations data’ later in this booklet). If they have paid for it, you must give homeowners a copy of this information.

NOTE: If you wish to develop a new contract that complies with the DBCA you should seek legal advice. QBCC is NOT able to assist you with contract development.