Terms & Conditions

These terms apply to quotes, services and building work provided by HAWK Projects Pty Ltd (ABN 11 701 109 079), holder of NSW contractor licence no. 479614C, referred to as "HAWK Projects", "we", "us" or "our". By requesting a quote or engaging us, you agree to these terms. They do not replace, and are read together with, any written building contract we sign with you and the laws referred to below.

Licensing and compliance

We are licensed to carry out residential building work in New South Wales. Under the Home Building Act 1989 (NSW), all residential building work valued over $5,000 (labour and materials, incl. GST) must be done by a licensed contractor under a written contract. We carry out our work in accordance with the Home Building Act, the National Construction Code and all other applicable laws and Australian Standards.

Quotes and pricing

Quotes are based on the information and site conditions known at the time and, unless stated otherwise, are valid for 30 days. Prices may change if the scope, site conditions, access, or materials differ from what was quoted, or where latent conditions are discovered. Any change will be handled as a variation (see below).

Contracts, deposits and cooling-off

For work over $5,000 we will provide a written contract, signed and dated by both parties, as required by the Home Building Act:

• Small jobs ($5,000-$20,000) are done under a small jobs contract.
• Large jobs (over $20,000) are done under a large jobs contract, which sets out progress payments, insurance and warranty details and includes a 5 business day cooling-off period.

The maximum deposit we may ask for is 10% of the contract price, in line with the Home Building Act.

Home building compensation cover

For residential building work over $20,000 we obtain Home Building Compensation (HBCF) insurance before commencing work or taking any money, and provide you with the certificate of insurance, as required in NSW.

Statutory warranties

Every contract for residential building work carries the statutory warranties implied by section 18B of the Home Building Act 1989 (NSW), including that:

• the work is done with due care and skill, and in accordance with the plans and specifications in the contract;
• all materials supplied are good and suitable for the purpose, and (unless stated) new;
• the work complies with the Home Building Act and other laws;
• the work is done with due diligence and within the agreed time (or a reasonable time); and
• the work results in a home reasonably fit to live in, where that is the intended result.

These warranties run for 6 years for major defects and 2 years for other defects, from the date the work is completed.

Australian Consumer Law

Our services also come with consumer guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms limits or removes those guarantees or the statutory warranties above.

Variations

Any change to the agreed scope (a variation) will be discussed with you and, where required, recorded in writing before the additional work is carried out. Variations may affect the price and the timeframe.

Payment and progress claims

Payment terms are set out in your quote, contract or invoice. Unless agreed otherwise, invoices are payable by the due date shown. We are entitled to progress payments and to make and enforce payment claims under the Building and Construction Industry Security of Payment Act 1999 (NSW). We may suspend work where payments are overdue, in accordance with your contract and the law.

Liability

To the extent permitted by law, and subject to the statutory warranties and consumer guarantees above, which are not excluded, our liability for any other loss is limited, at our option, to re-supplying the affected services or paying the reasonable cost of having them re-supplied. We are not liable for loss caused by your instructions, your materials, or matters beyond our reasonable control.

Cancellation

For large jobs, you may cancel within the 5 business day cooling-off period set out in your contract. Otherwise, if you cancel or reschedule, please give us as much notice as possible; costs already incurred for materials ordered or work performed may be payable.

Dispute resolution

If a concern arises, please raise it with us first so we can work to resolve it. If it cannot be resolved, either party may seek assistance from NSW Fair Trading or lodge an application with the NSW Civil and Administrative Tribunal (NCAT).

Governing law

These terms are governed by the laws of New South Wales, Australia, and the parties submit to the jurisdiction of the courts and tribunals of that state.

Contact us

Questions about these terms? Contact us on 0450 488 074 or via hawkprojects.au.