NSW Home Building Act 1989
Part 2: Contracting for and doing residential building work and specialist work – NSW Home Building Act 1989

NSW Home Building Act 1989 s7: ss 7 and 7A Written contract with the required content for jobs above the prescribed amount

Where the contract price (or, if unknown, the reasonable market cost of labour and materials) exceeds the amount prescribed for s 7 (GST inclusive), the licence holder may contract only under a written contract that is dated and signed by or for each party and states: the parties' names, including the licence holder's name as shown on the licence; the licence number; a sufficient description of the work; any plans and specifications; the contract price if known; any statutory warranties that apply; the cost of Part 6 or 6B cover where insurance is required; for residential building work, a conspicuous statement of the s 7BA cooling-off period, details of any progress payments (unless the Security of Payment Act applies) and a statement that the contract may be ended in the circumstances allowed by the general law without preventing agreed further grounds; and any other prescribed matter. A known price goes in a prominent position on the first page; if the price is unknown or can vary, a warning and an explanation of the variation provision sit next to it. No name other than the licence holder's may appear as, or be mistakable for, the holder's name, although a registered business name may also be used. The contract must meet any regulation requirements. Section 7A makes it an offence to contract without meeting ss 7, 7AAA and 7E (80 penalty units for a corporation, 40 otherwise). Contracts between licence holders for work each is licensed for, and contracts for specialist work that is not residential building work, are outside s 7. A contract that is not in writing or lacks a sufficient description cannot be enforced by the contractor (s 10).

Maintained by Gerard Blokdyk

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This control maps to 1 controls across 1 other frameworks. If you already hold one of them, the evidence you collected for it is the starting point here rather than new work.

  • sch1b-14 Sch 1B s 14 Level 2 regulated contract with the full prescribed content

Every mapping shown was judged rather than inferred from wording similarity, and the ones that failed review are published too. See the coverage reports and what was rejected.

Other controls in Part 2: Contracting for and doing residential building work and specialist work – NSW Home Building Act 1989

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