Last Updated: 5 November 2026
The Act is not background reading. It sets the floor beneath every residential contract, and it gives you rights you cannot sign away. The main ones to know before you sign:
Without a written contract, you rely on memory and goodwill.
The projects that run smoothly are almost always the ones where the contract was read properly before anyone picked up a tool.
A common mistake is treating the contract as paperwork to sign at the end. It is the plan for the whole job.
Watch out: the Act sets minimums, not maximums.
Three contract types cover most residential work: lump-sum, cost-plus and design-and-build. Each shifts risk in a different direction, so the right choice depends on how settled your plans are.
A fixed price building contract locks in a total price for a defined scope of work. The builder carries the risk of most cost overruns, which is why this type suits homeowners who want certainty.
It works best when:
The catch is that a fixed price is only as good as its scope. If the drawings are vague, the builder either prices in a buffer or excludes items you assumed were included.
A cost-plus contract pays the builder for actual costs plus an agreed margin. It suits complex renovations where hidden problems are likely, such as opening up an old kitchen wall.
A design-and-build contract bundles design and construction with one party.
Watch out: cost-plus can reward a builder for spending more unless the margin and reporting rules are tight. Ask for a clear schedule of rates and regular cost reports.
A fixed price building contract should lock down the scope of work, the contract price, the payment schedule, the completion date and the process for variations.
Check that the contract includes:
The scope of work is where most disputes begin. “Allowance for tiling” means nothing. “Supply and lay 40 square metres of 600×600 porcelain tile to the ensuite floor and walls” means something you can hold a builder to.
Prime cost items and provisional sums are placeholder amounts for work or materials not yet finalised.
These are not tricks. They are honest ways to price uncertainty. The problem starts when they are used to make a quote look cheaper than it is.
Ask three questions:
If the answers are vague, treat the allowance as a gap in the price, not a fixed number.
A variation is any change to the work after the contract is signed. It might be a different tile, an extra power point or a wall that moves. Every variation should be documented in writing before the work happens, but the mechanics matter more than the principle. This is the part most guides skip, and it is where budgets quietly fall apart.
A well-run variation follows a predictable order. If your builder skips a step, slow down.
The contract should say how variations are priced. Common approaches include:
A common pattern is for a variation to look small in isolation and large in aggregate. Ten variations at a few hundred dollars each add up quickly. Keep a running total of approved variations against the original contract sum so you can see the drift before it becomes a problem.
Every variation has a time cost, even if the builder does not say so. A change to the kitchen layout may push tiling, cabinetry and plumbing back in sequence.
Watch out: a variation that is agreed on site but never priced or signed is the most common source of end-of-project disputes. If work has started and the paperwork has not caught up, ask for the variation notice before the next progress payment, not after.
A simple variation register is the single most useful document you can keep during construction. For each variation, record:
This register becomes your evidence if a dispute arises, and it makes progress payment claims easier to check. If you are worried about cost creep, our guide on how to avoid renovation cost blowouts walks through the tactics that keep budgets on track. For projects where design decisions shift mid-build, it helps to understand whether you need a mid-project design changes policy.
Every variation should follow the same approval sequence, with each step documented in writing.
| Step | What to do | Time or frequency |
|---|---|---|
| 1 | Request or identify the change in writing | Before work starts |
| 2 | Builder prices it with a breakdown | Before approval |
| 3 | Builder states the time impact | Before approval |
| 4 | You approve in writing | Before work starts |
| 5 | Variation recorded in contract sum and programme | After approval |
A residential construction contracts checklist turns a dense document into a set of decisions you can actually make. Work through it line by line before you sign, not after.

Comparing quotes fairly means comparing the same scope, not the same headline number. A lower quote often just includes less.
Line up each quote against your checklist and mark what is missing. If one builder excludes site costs and another includes them, the prices are not comparable. Our step-by-step guide on how to get a quote for a home renovation shows how to brief builders so the numbers line up.
Delays and disputes happen on real projects. What protects you is knowing the process before you need it.
If your builder is running late, check the extension of time clause first. Legitimate delays, like severe weather or council hold-ups, may be covered.
If a builder becomes insolvent, act quickly:
For disputes, most contracts set out a resolution process starting with discussion and moving to a formal body. Follow the steps in order.
Choosing the right builder upfront is the best defence. Our vetting guide for finding reliable home builders covers the checks worth doing before you sign anything.
Independent review before signing is the cheapest money you will spend on the project. A lawyer reads the contract for legal risk. A building consultant or architect reads the plans and specifications for technical gaps.
What each review catches:
Neither review needs to be lengthy. If a term in the contract is unfamiliar, our plain-English guide to understanding residential construction jargon explains the language before you sit down with a lawyer.
Under the Domestic Building Contracts Act 1995, a major domestic building contract must be in writing and set out the contract price and payment schedule, the plans and specifications, the scope of work, the completion date, and any prime cost items or provisional sums. It must also name the builder and their registration details, include domestic building insurance details where required, and explain the cooling-off period. Ask for a residential building contract checklist and confirm every item is present before you sign.
A fixed price building contract locks in the total cost for the defined scope, so the builder carries the risk of price rises on materials and labour. A cost-plus contract pays the builder for actual costs plus an agreed margin or fee, which means the final figure can move. Fixed price suits homeowners who need budget certainty on a well-documented scope. Cost-plus can suit projects where the scope is genuinely uncertain, but it demands careful record-keeping and regular cost reporting.
A variation is any change to the scope, plans, materials or timeframe after signing. It should be documented in writing, priced before work proceeds, and signed by both parties. Check your contract for how variations must be notified and how long you have to respond. Always ask for the cost and time impact in the same document. Unapproved verbal changes are the most common source of budget blowouts, so insist on paper for every adjustment.
Common exclusions include council and building permit fees, planning application costs, site investigations such as soil testing, rock removal, tree protection, and connection charges for utilities. Prime cost items and provisional sums cover allowances for items not yet selected, so the actual cost can differ from the allowance. Ask your builder to list every exclusion in writing and confirm which allowances are realistic for the finishes you want, so the contract price reflects the finished home.
Signing a residential construction contract is the moment your project stops being an idea and becomes a commitment. Get the scope, price and variation process right, and the build has a solid foundation. At Archibuilt, we bring over 12 years of experience, a jargon-free approach and end-to-end service from design through to construction, so you always know what you are signing and why. Get started with Archibuilt and build with a contract you actually understand.
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