{{ propApi.closeIcon }}
Our industry
Our industry $vuetify.icons.faArrowRight
Economic research and forecasting Economics Housing outlook Tailored market research Economic reports and data Inspiring Australia's building professionals HOUSING The only place to get your industry news Media releases Member alerts Submissions See all
Business support
Business support $vuetify.icons.faArrowRight
Become an apprentice host Hire an apprentice Why host a HIA apprentice? Apprentice partner program Builder and manufacturer program Industry insurance Construction legal expenses insurance Construction works insurance Home warranty insurance Tradies and tool insurance Planning and safety services Building and planning services How can HIA Safety help you? Independent site inspections Solutions for your business Contracts Online HIA Tradepass HIA SafeScan HR Docs Trusted legal support Legal advice and guidance Professional services Industrial relations
Resources & advice
Resources & advice $vuetify.icons.faArrowRight
Building it right Building codes Australian standards Getting it right on site See all Building materials and products Concrete, bricks and walls Getting products approved Use the right products for the job See all Managing your business Dealing with contracts Handling disputes Managing your employees See all Managing your safety Falls from heights Safety rules Working with silica See all Building your business Growing your business Maintaining your business See all Other subjects COVID-19 Getting approval to build Sustainable homes
Careers & learning
Careers & learning $vuetify.icons.faArrowRight
A rewarding career Become an apprentice Apprenticeships on offer Hear what our apprentices say Advice for parents and guardians Study with us Find a course Get your builder's licence Learn with HIA
HIA community
HIA community $vuetify.icons.faArrowRight
Join HIA Sign me up How do I become a member? What's in it for me? Get involved Become an award judge Join a committee Partner with us Get to know us Our members Our people Our partners Mates rates What we do Mental health program Charitable Foundation GreenSmart
Awards & events
Awards & events $vuetify.icons.faArrowRight
Awards Australian Housing Awards Awards program National Conference Industry networking Events
HIA products
HIA products $vuetify.icons.faArrowRight
Shop @ HIA Digital Australian Standards Contracts Online Shipping and delivery Purchasing terms & conditions Products Building codes and standards Hard copy contracts Guides and manuals Safety and signage See all
About Contact Newsroom
$vuetify.icons.faTimes
$vuetify.icons.faMapMarker Set my location Use the field below to update your location
Address
Change location
{{propApi.title}}
{{propApi.text}} {{region}} Change location
{{propApi.title}}
{{propApi.successMessage}} {{region}} Change location

$vuetify.icons.faPhone1300 650 620

Excluding works from your building contract

How often has an owner changed their mind and asked you to remove certain works from a job? Have you excluded these works from the contract properly?

Variations to the contract

When carrying out domestic building works valued at $12,000 or more, it is important to properly document any variations or changes to the contract to ensure compliance with the Building Work Contractors Act (SA) 1995. 

Such variations are not just when an owner wants extra works, but also include exclusions and deductions from the agreed scope of works. If you do not properly exclude works from your contract, you may still be held liable for the quality of the works carried out – when they are directly done by the owner or other contractors and for any potential defects. 

Variation process 

Once you have agreed to a variation with your client a variation document should be prepared in writing. It should include: 

  • details of the variation work to be carried out or omitted 
  • the price of the variation (for exclusions this may include a deduction in the overall contract price) 
  • when this price is payable 
  • if there will be a delay because of the variation 
  • if there is a delay, a reasonable estimate of the delay. 

Importantly, the client must sign and initial the document for it to be enforceable. 

When considering variations that exclude works under your contract, you should take into account whether or not the contracted works will still comply with the Building Code of Australia and Council requirements. For example, if an owner wants you to build a deck but they now wish to complete the railings and balustrading, you could be liable for leaving the works in an unsafe manner. 

In such circumstances you should reconsider the removal of the entire works from the contract or refuse the variation request. HIA’s contracts reflect the builder’s right of refusal of a variation in such circumstances. 

To find out more, contact HIA's Workplace Services team

Email us

Share with your network:

More articles on:

{{ tag.label }} {{ tag.label }} $vuetify.icons.faTimes
Find guides, how-tos, resources and more

Business support


 

Supporting building professionals with custom built services and products.

  • Legal support
  • Contracts Online
  • Host an apprentice
  • Insurance services
  • Managing safety

Explore Business support

Contracts Online 


The industry’s go-to digital platform. 

No matter the size of the job, a watertight building contract is critical to protect your business, and the current climate presents a great opportunity to go digital with your contracts.

Take me there