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MASTER BUILDERS VICTORIA
MEMBERSHIP
By Laura Jubb Reception/Retail Coordinator ljubb@mbav.com.au
Designed for you: Master Builders contracts
F
rom where I sit, at the front desk at Master Builders’ headquarters in East Melbourne, of all the contracts we offer, the New Homes and Home Improvement edition is by far the most popular. And for good reason. These contracts are designed to cover almost all the domestic builders needs when starting any renovation or new home project. However we also stock commercial contracts, where the ‘General Conditions of Contract’ is the most popular. This contract is written by Master Builders Association of Victoria to be between a contractor and an owner directly, without a third party contract administrator, for use in Victoria. It is the most “builder friendly” standard commercial contract available. The new look version will be available shortly and is also available to purchase online as an e-contract. We also have a range of national commercial contracts available which are prepared mostly by Master Builders Australia. These include the ‘Construction Management CM 2012’ contract, and ‘Design and Construction Lump Sum’. As the title suggests the Construction management CM 2012 contract is for use where there is a construction manager who usually is not physically undertaking the work, but instead is acting as the principal’s agent in organising works and engaging contractors and consultants. The primary purpose of the ‘Design and Construction Lump Sum’ contract is to transfer the design liability from the principal to the contractor. In addition to the head contracts we also have the following commercial subcontracts in stock: ■ Period Trade Contract ■ Independent Contracts Agreement ■ TC 2012 Trade Contract ■ Decon 2013 Subcontract For those jobs where an architect will be overseeing the work, we have the Australian Building Industry Contracts (ABIC) available. These are primarily prepared by the Australian Institute of Architects with some input from
Master Builders Australia. These include: ■ ABIC Simple Works - Housing ■ ABIC Simple Works- Commercial ■ ABIC Major Works- Housing ■ ABIC Major Works- Commercial ■ ABIC Commercial Cost Plus- Commercial We are often asked to explain the difference is between the ‘Simple Works’ and ‘Major Works’ contracts. The main difference is not so much the value of the contract works but more their complexity. The ‘Major Works’ is
similar to the ‘Simple Works’ but, among other elements, includes the provision for additional security to a contractor and provision for separable parts. Please understand the above is not legal advice and we strongly suggest seeking independent legal advice before using a contract if you are uncertain it fits your needs. We continually review our contracts to ensure they are best suited to protect our members, and offered at a great value.