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The information below sets out the procedure in the HIA Victorian New Homes and Alterations, Additions and Renovations Contract. The relevant clauses in the HIA Victorian contracts are:
When you have completed the building works under the contract, you must give your client a Notice of Completion and a Final Claim, together with a copy of either:
the occupancy permit, or
the certificate of final inspection from the building surveyor (if not completing the works to the final stage of the contract).
‘Notice of Completion’ forms are available to purchase from the HIA bookshop [LINK TO THE HIA BOOKSHOP] or your local stationary supplier.
You and your client must meet within seven days of your client receiving the Notice of Completion and final claim for a final inspection of the completed works. A list of defects and incomplete works is prepared and signed by both parties as an acknowledgement. The fact that you sign the list is not an admission that the defects exist or there is incomplete building works.
You must complete the items on the list that you believe are defective or incomplete. Once these items are complete you have to give your client a further written notice stating that you have completed the work.
The final payment is payable within 7 days of your client receiving the notice in Step 3.
On payment you should give your client possession together with all keys, certificates and warranties.
If your client takes possession before final payment, and without your written consent, then your client is in substantial breach of the contract. You can elect to either:
You should seek advice before making any decision as the consequences and procedures are different for each option.
If your client breaches the contract (including repudiates) you have the right to recover damages or exercise any other right or remedy.