Q&A with Kristie Burt

Posted 5 April 2019

Q&A with Kristie Burt

Q: When do I need to commence works under the ACT Home Building Contract?

A: Clause 9 of the ACT Home Building Contract provides that the builder must commence works on the latest of the following dates:


  1. On the date in Item A9 of Appendix A; or
  2. Within thirty (30) days of the Owner complying with Clause 5 (Owner’s Responsibilities); or
  3. Within fifteen (15) days of receipt of the Commencement Notice being issued in accordance with Part 3 of the Building Act 2004 (ACT).

Q: My client has purchased some of the materials for their build. Can I advise against the quality of the product and what can I do to protect myself?

A: Yes, you can and you should if there are concerns about the quality, where the products do not meet legislative requirements or where the products supplied are not suitable for its intended purpose. 

Clause 13(d) allows you (the builder), in your sole and absolute discretion, to refuse materials or products supplied by the client that are deemed to be unsuitable for use, defective or do not meet the legislative requirements.  If this occurs, you can substitute a material (but remember to follow Clause 13(b)) and the client will be responsible for the costs associated with the removal or substitution of an alternative product.


Kristie Burt will be on leave between Friday 22 March 2019 and Friday 12 April 2019. 

For any IR and/or legal queries during this time, please contact Ashlee Berry

on 6175 5900 or aberry@mba.org.au.

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