Residential building contracts
41H Residential building contracts
For section 48B(2) and (2A) of the Act, a residential building contract must include provisions:
(a) relating to prescribed building work that is to be carried out on a single project (the work); and
(b) identifying the prescribed building contractor who will carry out the work; and
(c) specifying the prescribed building contractor's registration number entered in the register maintained under section 16 of the Act; and
(d) specifying the extent of the work and the total contracted price for the work; and
(e) if the contract provides for the payment of a deposit – specifying the deposit payable to the prescribed building contractor for carrying out the work, which must be no more than 5% of the total contracted price; and
(f) unless paragraph (g) applies – specifying the percentage of the total contracted price payable to the prescribed building contractor after completion of a stage of the work in accordance with the standard progress payments; and
(g) if the parties have agreed to a variation of the standard progress payments or if the contract relates to the construction of a retaining wall – specifying that progress payments are to be made in accordance with a progress payment agreement made under the contract; and
relating to dispute resolution, subject to regulation 41HC.
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