Standard Terms & Conditions

Welcome to Yarrabrook Developments. These Terms and Conditions govern all major domestic building contracts, custom residential builds, home extensions, renovations, and structural landscaping works carried out by Yarrabrook Developments Pty Ltd ("the Builder") for the building owner ("the Building Owner").

Our contracts are fully compliant with the Domestic Building Contracts Act 1995 (Victoria) and are designed to establish a balanced and transparent partnership throughout the construction lifecycle.

1. Cooling-Off Period Notice

Under Victorian consumer protection laws, the Building Owner enters into a "cooling-off" period of five (5) clear Business Days starting from the receipt of a signed copy of the contract.

The Building Owner may withdraw from the contract within this timeframe by providing a written notice to the Builder in person, via certified mail, or by email. In the event of cancellation, the Builder will refund all deposit monies paid, less $100 and any pre-approved out-of-pocket expenses.

Note: The cooling-off period does not apply if the parties have previously entered into a contract in substantially the same terms for the same site, or if the Owner received independent legal advice before signing.

2.Foundations Data

As required by section 30 of the Act, the Builder must obtain comprehensive Foundations Data (including soil test reports and foundation engineering designs) before executing any major building contract. This ensures the structural footings are correctly engineered and priced for the specific soil class of the Building Site.

3. Deposit & Statutory Progress Payments

The law limits the initial deposit a builder can request. For contracts valued at $20,000 or more, the maximum deposit is 5% of the Contract Price.

Yarrabrook Developments structures the 5% deposit into two stages to guarantee compliance and client assurance:

• 80% of the deposit is payable upon the Yarrabrook representative issuing policy documents and certificate to the Owner.
• 20% of the deposit is payable within five Business Days of the Owner receiving notice of substantial commencement of work on-site.

Subsequent progress payments are claimed strictly upon completion of the statutory construction stages in accordance with Section 40 of the Act:

5. Variations, Prime Costs, and Provisional Sums

• Variations: Any alteration to plans or specifications requested by the Owner, or required by a building surveyor, must be documented in writing on a formal Variation Form and signed by both parties before the varied work begins.
• Prime Cost Items (PC): Allowed amounts for fittings/fixtures not yet selected. Actual costs will be adjusted against the allowance, with the Builder's margin applied to any overages.
• Provisional Sums (PS): Estimates for work where exact details cannot be determined at signing. The Builder warrants that all PS estimates are calculated with reasonable care and skill based on current material/labour rates.

6. Site Access and Work Health & Safety (WHS)

Under the building contract, the Builder takes legal possession of the Building Site for the duration of the works and is the primary occupier for Work Health & Safety purposes.

The Building Owner has a statutory right to inspect the works at reasonable times during construction. However, for safety and insurance compliance, the Owner must notify the Builder in advance and be accompanied by a Yarrabrook supervisor when entering the site. The Owner must not give direct instructions to subcontractors or site labourers.

7. Builder's Warranties & Defect Rectification

Yarrabrook Developments provides robust statutory warranties in accordance with Section 8 of the Act, warranting that:

• All work will be performed with reasonable care and skill, and in accordance with the plans and specifications.
• All materials supplied will be good and suitable for their purpose, and, unless otherwise stated, will be new.
• The work will be completed in accordance with the Building Act 1993 and all associated building regulations.

Following Practical Completion, a 90-day defect rectification period applies, during which Yarrabrook will repair any minor shrinkage cracks or adjustments at no cost. Structural warranties extend for a period of 10 years under Victorian law.

8. Dispute Resolution

In the event of a dispute regarding work standards, progress payments, or variations, the parties agree to resolve the issue using the contract's Dispute Resolution Procedure:

1. Provide written notice of the dispute detailing the issue and the desired outcome.
2. Convene an on-site meeting between the Owner and the Builder's Representative within 7 Business Days to negotiate in good faith.
3. If unresolved, refer the matter to Domestic Building Dispute Resolution Victoria (DBDRV) for conciliation.
4. Unresolved disputes may be escalated to the Victorian Civil and Administrative Tribunal (VCAT).