I wonder how to word the building inspection special clause for a new construction of townhouse in the building contract.
I use the HIA standard contract.
Thanks
Hello evisional, what exactly are you wanting to do??
are you the builder or the customer??
if you are the customer there is a section in the HIA contract where you can add special provisions such as independent building inspections. However most builders will allow independent inspectors just by being upfront and asking.
I am the customer.
I think about adding a clause ensuring the builder to fix all building inspector's report issues before making progress payments to the builder. How this clause should be worded?
There isn't really anyway of wording that kind of clause into a HIA contract.
The best thing to do is be upfront before signing the contract and let the builder know that you will be using an independent inspector and that you will not be making progress payments until you or the inspector are happy the issues raised have been rectified.
Yes, a clause like that could be added to the standard contract. If it is not in the contract then it won't be enforceable.. But you should use a solicitor to draft it/ You should also note that the builder may not agree to it.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
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