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Are you up-to-date with the proposed reform of the laws affecting home building in New South Wales?

The Issues Paper prepared by the New South Wales Government highlights a number of matters for your input.

Some important matters are:

1. Should homeowners be required to allow builders back on site to rectify?
   
   Currently homeowners can refuse to allow builders back on site and still commence proceedings against them.
   
   
2. Should it be set out in the Home Building Act that homeowners have a duty to maintain their property and mitigate their loss?
   
   Currently this is not set out in the Act but homeowners do have this duty at common law. 
   
   
3. Should contracts be in a simpler form for jobs up to $20,000?
   
   Currently the requirements are simpler for jobs between $1,001 and $5,000.
   
   
4. Should contracts contain a progress payment schedule which correlates with details of work done and milestones?
   
   Currently this is not a requirement.
   
   
5. Should a termination clause be included in contracts?
   
   Currently termination clauses are not compulsory.
   
   
6. Should the use of cost plus contracts be restricted?
   
   Currently the cost plus contracts are restricted in some states of Australia but not New South Wales.
   
    

Your comments or submission should be provided by 5pm, 18 August 2012. You can read the Issues Paper and respond at www.fairtrading.nsw.gov.au

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