Home Building Tips for Builders in NSW
Whose instructions should the Builder follow?

Here is a common scenario:

Your clients are a husband and wife who have engaged you to perform substantial renovations to their home.

Your clients had engaged an architect to initially prepare the plans, and they have now asked the architect to assist them in supervising the progress of the construction works.

You are the builder, and on a daily basis you are receiving conflicting instructions from the husband, the wife, and the architect.

As a builder, what can you do to protect yourself and keep everyone happy?

Issue 1 – Determine if the Architect is acting as an Agent

Your very first step is to determine whether the architect has officially been appointed as the clients’ agent by your clients.  The quickest way of doing this is by asking the clients themselves.

The clients can respond as follows:

1. YES, the architect is acting as our agent – as the builder, you should immediately arrange for one of the clients to sign a ‘Representation by Agent’ document, which states that the architect has the authority to act on behalf of the clients and give instructions to the builder.
   
   
2. NO, the architect is NOT acting as our agent – you should simply advise the clients that you will not follow any instructions given by the architect.

Issue 2 – Conflicting instructions given by husband and wife

As a builder, you should always make sure that your home building contract states that if there is more than one owner, only one of the owners is required to give an instruction, direction or other communication to the builder, to legally bind all of the owners.

However, before you start pulling out the contract to show the clients this clause, you should always advise them of this clause upfront, and suggest that they themselves discuss all matters beforehand and come to an agreement before one of them provides you with instructions.

Using such a method of communication will reduce the likelihood of disputes arising (both with the builder and between themselves!) and ensure that the construction works progress smoothly.

UPCOMING CPD SEMINARS All of our CPD Seminars are now 6 hours in length and allow you to claim 12 CPD Points in one day, and builders will have six (6) different CPD Seminars to choose from.

To REGISTER for a CPD Seminar, complete the attached Registration Form or visit www.homebuildingonline.com.au

Online CPD Courses

We have 4 NEW Online CPD Courses to choose from – a total of 24 Online CPD Courses that are now available for builders in NSW.

Listed below are our available Online CPD Courses – click on an Online CPD Course to view further information about that Course:

1. Liability of Building Professionals - NEW
   
2. Construction Management Tips - NEW
   
3. Safety Hazards On Site (Part A) - NEW
   
4. Safety Hazards On Site (Part B) - NEW
   
5. Project Management
   
6. Preparing Business Documents
   
7. Financial Management
   
8. Going Green with Building Sustainability
   
9. Builder’s Summary of the Home Building Act
   
10. Security of Payment Laws 
    
11. Do It Yourself Debt Recovery
    
12. Tendering Tips in Home Building 
    
13. Home Building Contracts in NSW 
    
14. Dealing with Sub-Contractors      
    
15. Running a Small Building Business 
    
16. Tax Summary for Small Business
    
17. Tips on Playing the Building Game 
    
18. Basics of the Employment Relationship            
    
19. Basic Contract Law            
    
20. Fair Work Laws – A Summary 
    
21. Handling Home Building Disputes 
    
22. Understanding Workers Compensation 
    
23. Builder’s Guide to OHS 
    
24. Bullying on the Building Site

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