{{ propApi.closeIcon }}
Our industry
Our industry $vuetify.icons.faArrowRight
Housing industry insights Economics Insights Data & forecasts Tailored research and analysis Advocacy & policy Advocacy Policy priorities Position statements Submissions News and inspiration Industry news Member alerts Media releases HOUSING Online
Business support
Business support $vuetify.icons.faArrowRight
For your business Contracts Online Safety systems & solutions HIA Tradepass Advertise jobs Member perks Toyota vehicles The Good Guys Commercial Ampol fuel savings See all Industry insurance HIA Insurance Services Construction works insurance Home warranty insurance Tradies & tool insurance Apprentices Why host a HIA apprentice? Hire an apprentice Support & guidance Contracts & compliance support Building & planning services
Resources & advice
Resources & advice $vuetify.icons.faArrowRight
Building it right Building codes Australian standards Getting it right on site See all Building materials & products Concrete, bricks & 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 Safety rules Working with silica See all Building your business Growing your business Maintaining your business See all Other subjects Getting approval to build Sustainable homes See all
Careers & learning
Careers & learning $vuetify.icons.faArrowRight
A rewarding career Become an apprentice Apprenticeships on offer How do I apply? Frequently asked questions Study with us Find a course to suit you Qualification courses Learning on demand Professional development courses A job in the industry Get your builder's licence Continuing Professional Development (CPD) Further your career Find jobs
HIA community
HIA community $vuetify.icons.faArrowRight
Join HIA Sign me up How do I become a member? What's in it for me? Mates rates Get involved Become an award judge Join a committee Partner with us Our initiatives HIA Building Women GreenSmart Kitchen, bathroom and design hub Get to know us Our members Our people Our partners Support for you Charitable Foundation Mental health program
Awards & events
Awards & events $vuetify.icons.faArrowRight
Awards Awards program People & Business Awards GreenSmart Australian Housing Awards Awards winners Regional Award winners Australian Housing Award winners 2024 Australian Home of the Year Enter online Industry events Events in the next month Economic outlook National Conference Events calendar
HIA shop
HIA shop $vuetify.icons.faArrowRight
Most popular products National Construction Code Vol 1 & 2 Waterproofing wet areas AS 3740:2021 HIA Guide to Waterproofing HIA Guide to NCC Livable Housing Provisions Top categories Building codes & standards Contracts & documents Guides & manuals Safety products Signage For your business Contracts Online Digital Australian Standards Digital Resource Library Forecasts & data
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 Contracts and Compliance team

Email us

Share with your network:
More articles on:
{{ tag.label }} {{ tag.label }} $vuetify.icons.faTimes
Find the latest expert advice, guides and much more!

Managing your business


 

Can’t find what you need, check out other resources that might be closer to the mark.

Explore resources

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

2022 National Construction Code - Volume One

Product comes in an A4 binder and will be mailed to you once it's purchased online. Volume One of the National Construction Code (NCC) relates to commercial buildings – Class 2 to Class 9. The code details technical provisions for...

2022 National Construction Code - Volume Two

Product comes in an A4 binder and will be mailed to you once it's purchased online. Volume Two of the National Construction Code (NCC) relates to residential buildings – Class 1 and Class 10. The code details technical provisions ...

2022 National Construction Code - Volumes One and Two

Product comes in an A4 binder and will be mailed to you once it's purchased online. This pack contains Volume One (commercial buildings – Class 2 to Class 9) and Volume Two (residential buildings – Class 1 and Class 10) of the Nat...

HIA Guide to NCC Livable Housing Provisions

This resource provides practical examples of applying the new requirements and explains common solutions and methods that may assist building practitioners to meet the new requirements for house and apartment designs.

HIA Guide to Waterproofing

Guidance provided by HIA on the changes to waterproofing of wet areas requirements and what they mean for common solutions and compliance.

HIA Guide to Condensation Management

The HIA Guide to Condensation Management is a HIA companion to designing and building to achieve compliance with National Construction Code (NCC) 2022.