Building (Residential Consumer Rights and Remedies) Regulations 2014

  • Corrections have been made to Schedule 2 on 27 January 2017 under section 25(1)(d) of the Legislation Act 2012.
6 Prescribed content for residential building contracts for prescribed minimum price or more

(1)

This regulation applies to every residential building contract where the price for the building work is not less than the prescribed minimum price.

(2)

The contract must contain the following:

(a)

the names of the parties; and

(b)

each party’s—

(i)

physical address; and

(ii)

postal address; and

(iii)

address for service; and

(iv)

contact telephone number or numbers; and

(v)

email address; and

(c)

the address (or location description) of the site where the building work will be carried out; and

(d)

the date or dates when the contract was signed by both parties; and

(e)

a description of the building work covered by the contract, including—

(i)

the materials and products to be used (if known); and

(ii)

the person or persons who will be carrying out the building work; and

(iii)

the person or persons who will be supervising the building work (if applicable); and

(iv)

which party will be responsible for obtaining the building consents and any other approvals required to carry out the building work; and

(f)

the expected start date of the building work; and

(g)

the expected completion date of the building work; and

(h)

the contract price or the method by which the contract price will be calculated (for example, fixed hourly rate with materials invoiced separately); and

(i)

the number of payments under the contract and, if there is more than 1 payment under the contract,—

(i)

the interval between payments; and

(ii)

the amount of each payment; and

(iii)

the date on which each payment is due; and

(iv)

mechanisms for determining the matters referred to in subparagraphs (i) to (iii); and

(j)

terms prescribing how payments will be invoiced, made, and receipted; and

(k)

terms prescribing how notices are to be given under the contract; and

(l)

mechanisms for negotiating and agreeing on variations to the building work; and

(m)

terms prescribing how possible delays will be dealt with (for example, delays as a result of force majeure events); and

(n)

terms prescribing how any defects in the building work will be remedied, including a reference to the existence and application of the implied warranties in sections 362I to 362K of the Act; and

(o)

dispute resolution procedures; and

(p)

an acknowledgement that the building contractor has supplied, and the client has received, the disclosure information and checklist prescribed in regulation 5.