Hunter Jacobs
Director, TradeForm
Hunter Jacobs is a Director of TradeForm. He leads product and content strategy for the TradeForm knowledge base and the wider TradeForm product family.
Entries by this reviewer
152 entries
Builder Low Rise vs Medium Rise vs Open Licence in QLD
A side-by-side guide to the three main QBCC builder licence classes. Covers Class 1 to 10 work limits, gross floor area caps and the experience pathways for low rise, medium rise and open licences in Queensland.
Responding to a QBCC Audit as a Queensland Builder
How Queensland builders should respond when the QBCC opens a Minimum Financial Requirements audit or licence compliance audit. Triggers, documents and first-week actions.
Boundary Disputes on Residential Sites: Surveyor Reports and Tribunal Jurisdiction in Australia
How residential boundary disputes are resolved in Australia using registered surveyor evidence, common law boundary principles plus state tribunal pathways including NCAT, VCAT plus QCAT.
Responding to a VBA Proactive Inspection in Victoria
How Victorian builders should respond when the VBA Proactive Inspections Program turns up on a residential site. Powers, what gets checked, insurance audits and financial penalties.
Cost Plus Contracts In AU Residential Construction: Common Disputes
Cost plus residential contracts produce a predictable set of disputes: overhead rate, justification of costs, audit rights and what counts as the cost. Where the lines sit under AU law.
Security of Payment Act ACT: a builders guide
How the Building and Construction Industry (Security of Payment) Act 2009 (ACT) works. Payment claims, schedules, adjudication and the 2024 amendments explained.
Occupation Certificate vs Final Inspection: State by State
Occupation Certificate, Occupancy Permit and Final Inspection Certificate sit at the same point in the build but issue under different Acts. Here is what each one means in each state.
Design and Construct Contracts in Australian Residential Building
Design and construct is a delivery model where one builder takes responsibility for both design and construction. In residential work it concentrates risk on the builder and the novated consultants.
Heritage Overlay for Residential Builds in Victoria: Clause 43.01 Permit Triggers
Heritage Overlay sits in clause 43.01 of every Victorian planning scheme. It controls demolition and external change on listed places, and bites hard at lodgement.
Private Open Space Requirements for Residential Development in Victoria
Victorian ResCode rules for Private Open Space and Secluded Private Open Space under Clause 55 and Clause 54, including the 40 sqm POS and 25 sqm SPOS standards.
Expert Determination in Residential Construction Disputes (Australia)
How expert determination clauses work in Australian residential building contracts, when they bind the parties, and how courts treat the outcome.
Bushfire Prone Area Mapping in Victoria: BPA, BMO, BAL and AS 3959
Victoria has two bushfire layers. The Bushfire Prone Area map drives BAL and AS 3959. The Bushfire Management Overlay adds a planning permit on top.
Bookkeeping Basics for a Residential Builder in Australia
A workable chart of accounts, the right software and a tight BAS rhythm keep a builder out of trouble with the ATO. Job costing turns those books into a profit tool, not a chore.
Timber frame defects in Australian residential construction
Timber framing defects span undersized members, missing tie-downs, wrong treatment level for termite zones and out-of-plumb walls. AS 1684 is the governing standard and most failed frames miss
Owner Builder Contracts in Australian Residential Building
When a homeowner holds an owner-builder permit they hire subcontractors directly. Statutory home warranty insurance does not cover the build, and the consumer protection regime flips.
Scott Schedule for Residential Building Disputes (Australia)
How a Scott Schedule itemises defect claims for tribunal hearings, the format NCAT and VCAT expect, and what each column has to contain to be useful.
Tiling vs waterproofing licences in Australia: per-state rules
Tiling and waterproofing are treated as separate licensed trades in NSW and QLD, bundled inside one VIC registration class, and regulated through different building practitioner regimes in WA and SA.
Choosing a Business Structure for Residential Builders in Australia
Residential builders in Australia choose between sole trader, partnership, Pty Ltd company or trust. Each carries different tax rates, asset protection and ASIC duties.
Extension of Time Claims in Australian Residential Building Contracts
How extension of time claims work in AU residential building contracts: qualifying events, notice rules, the prevention principle and how time becomes at large.
Security of Payment Act Tasmania: a practical builders guide
How the Building and Construction Industry Security of Payment Act 2009 (TAS) works. Payment claims, payment schedules, adjudication and enforcement for Tasmanian builders.
Arbitration in Residential Construction (Australia)
Why arbitration is mostly off the table for Australian residential building disputes, what the Commercial Arbitration Acts say, and the narrow cases where it still applies.
NSW Annual Fire Safety Statements for Residential Buildings
Owners of Class 1b and Class 2 to 9 buildings in NSW must lodge an Annual Fire Safety Statement confirming each essential fire safety measure has been inspected by an accredited practitioner.
Dispute Resolution Clauses in Australian Residential Building Contracts
How mediation, expert determination, tribunals and litigation are structured in Australian residential building contracts, including the mandatory pre-tribunal processes in NSW, VIC and QLD.
Sub-Trade Margins in AU Residential Building
How AU residential builders price sub-trade work, the difference between markup and margin, and what a defensible cost-to-sell ratio looks like on trade items.
NSW Residential Tenancy vs Occupation Certificate: When You Can Rent
A new NSW dwelling cannot be lawfully occupied or rented until the principal certifier issues an occupation certificate. Tenancies started before the OC create real risk for builders.
Residential Zoning Across Australian States
How residential land use is zoned in NSW (R1 R2 R3 R4), Victoria (GRZ NRZ RGZ) and Queensland (LDR MDR), and what each zone permits for builders and homeowners.
Floor tile defects in Australian residential builds
Hollow tiles, lippage, grout failure and cracks make up a big share of the warranty queue. Covers AS 3958.1, wet area bond breakers, movement joints and falls to floor wastes.
Division 7A for Residential Builders (Loans From Your Company)
Division 7A treats unpaid loans from a private company to shareholders as deemed unfranked dividends. AU builders running through a company structure should read this.
NSW Greenfield Development Controls: Biodiversity Offsets and Site Preparation
NSW greenfield residential development triggers the Biodiversity Offsets Scheme where clearing exceeds the area threshold or the site is on the BV Map.
Plant and Machinery Insurance for Australian Residential Builders
How plant and machinery cover responds for AU residential builders, the split between fixed plant and mobile plant, and the theft and damage gaps to watch.
Bookkeeping Systems for Residential Builders in Australia
Bookkeeping for AU residential builders means cloud accounting connected to quoting and CRM tools, GST and BAS on schedule, and clean records for the ATO. This entry maps Xero and MYOB to the builder workflow.
Provisional Sums and Prime Cost Items in Residential Contracts
How provisional sums and prime cost items work in AU residential building contracts, including builder margin treatment and the variation interaction.
Roofing defects in Australian residential construction
Roofing defects include pitch incompatible with cladding, missing or wrong flashings, sarking omitted in cyclonic zones and inadequate fixing for wind classification. AS 1562.1 and AS 2050
The Quantity Surveyor Role In AU Residential Construction
What a quantity surveyor does across an AU residential build: bills of quantities, valuation of work, variation pricing, tax depreciation and expert witness work in disputes.
Specification and Scope of Works in Australian Residential Building Contracts
A Scope of Works defines exactly what the builder must build, to what quality, using which products. Ambiguity in the SoW is the single biggest source of variation disputes on Australian
Project Management Fees in AU Residential Building
How residential builders charge a project management fee in AU work, the difference between percentage and fixed structures and when to apply each.
Scott Schedules in Australian Building Disputes
A Scott schedule is the row by row table at the centre of an Australian building dispute. Each row is one defect with description, cause, scope, the homeowner cost and the builder cost.
VCAT Conduct of Proceedings for VIC Domestic Building Disputes
VCAT runs Victorian domestic building disputes in the Building and Property List. Expect a first directions hearing, points of claim, expert reports under PNVCAT2 and a compulsory conference.
Schedule 1B QBCC Act: Level 1 vs Level 2 Domestic Building Contracts (QLD)
Schedule 1B of the QBCC Act sets the rules for residential building contracts in Queensland. This entry explains Level 1 vs Level 2 contracts and the consequences of using a non-compliant one.
Liquidated Damages in Australian Residential Building Contracts
How liquidated damages work in AU residential contracts: pre-estimate of loss, daily rate calculation, the penalties doctrine and state contract caps.
NSW Strata Defect Reporting for Residential Buildings
NSW residential strata buildings four storeys or more sit under the Strata Building Bond and Inspections Scheme. This entry covers the SBBIS process, certifier role and stage timeline.
QCAT Conduct of Proceedings for QLD Building Disputes
QCAT hears Queensland building disputes after QBCC early dispute resolution. Expect mediation, a defective work schedule, expert reports and a hearing in the Building and Construction List.
Carpentry licence in Australia: per-state rules for residential work
Carpentry licensing is set by each state and territory, not federally. Whether a carpenter needs a licence depends on work value, contractor vs employee status, and which jurisdiction the site sits in.
Subcontractor Collapse Protection in Australia
Subcontractor collapse protection in Australia means the legal and operational tools that stop a subbie going under when a head contractor or principal stops paying. Project trust accounts in
Management Liability Insurance for Australian Residential Builders
How management liability cover bundles directors and officers, employment practices and crime cover into one policy for AU residential builders.
How Construction Loans and Progress Draws Work in Australia
A construction loan releases funds in stages as the build progresses, unlike a standard mortgage that settles in one go. Knowing how the bank assesses each draw protects your cashflow on the job.
Director Personal Liability in Residential Construction: When the Corporate Veil Lifts
When directors of an Australian residential building company become personally liable: insolvent trading under s 588G, ATO director penalty notices and WHS personal duties.
Brickwork defects in Australian residential construction
Brickwork defects sit near the top of tribunal claim lists. Efflorescence, mortar non-compliance, missing weep holes and absent articulation joints are the recurring failures. AS 3700 sets the
Concreting licence in Australia: per-state rules for residential work
Concreting is a licensed trade in some Australian states and an unlicensed trade in others. The threshold rules, scope of work and penalties for unlicensed concreting differ across NSW, QLD, VIC, WA and SA.
Preliminary Services Agreements in Australian Residential Building
A preliminary services agreement covers the pre-construction work a builder does before the fixed-price contract is signed, including soil tests, design fees and council application costs.
Setback Rules for Residential Builds in Australia: Front, Side and Rear
Setback rules for a dwelling sit in the LEP, DCP or planning scheme. They control distance from each boundary and decide what fits on the block.
Trust Claims vs Contract Claims in Construction Insolvency
Why trust money beats general contract debt when a head contractor collapses, with how project trusts and retention trusts protect subbies in AU.
Site Conditions and Latent Conditions Clauses in Australian Residential Contracts
Site condition warranties, latent condition clauses and how they allocate risk for unforeseen ground conditions, contamination and underground services on Australian residential building jobs.
Floor Space Ratio for Residential Builds in Australia: FSR and Plot Ratio
FSR caps how much gross floor area you can build on a residential lot. Get the maths right at concept or the design dies at lodgement.
Force Majeure in Australian Residential Building Contracts
Force majeure is a creature of contract in Australia. What that means for AU residential builders, how COVID exposed the gaps and how to draft a clause that actually works.
Construction Loans and Progress Drawdowns in Australia
How Aussie construction loans pay out in stages, what lenders need at each drawdown, and how builders should sequence the claim to keep cash on site.
Easements in Residential Construction: What Builders Need to Check
Sewer, drainage and right of carriageway easements sit on most residential titles. Building over an easement without consent is a setback risk. Here is what to check.
Building in Flood-Prone Areas in Australia
How councils map flood-prone land in Australia, what the 1-in-100 year flood means, and how freeboard and overlays shape what residential builders can construct.
Secondary Dwellings in Queensland: Planning Regulation 2017 and Council Scheme Rules
How secondary dwellings work in Queensland under the Planning Regulation 2017 after the 2022 amendments removed occupancy restrictions plus opened up the rental market for granny flats.
NSW Private Certifier Conflicts of Interest: What Builders Should Know
Registered certifiers in NSW cannot do certification work where they have a conflict of interest. Disclosure does not cure the conflict. Builders who do not screen their certifier face contract risk and OC delays.
Cyber Insurance for Australian Residential Builders
Why AU residential builders need cyber cover, the ransomware exposure through subcontractor portals and how NDB scheme obligations interact with the policy.
NSW Class 2 Developer Bond Scheme: What Builders Need to Know
The NSW Strata Building Bond and Inspections Scheme requires Class 2 developers to lodge a 2 per cent bond before the occupation certificate. The bond funds two mandatory defect inspections.
Rights to Light and Views in Residential Property (Australia)
There is no general common law right to light or to a view in Australia. Protection comes from registered easements, restrictive covenants and the planning system.
Builders warranty insurance exemptions in Victoria
When DBI is not required in Victoria. The $16,000 contract threshold, the multi-storey exemption above three storeys and renovation versus new build rules.
Trust Structures for Residential Builders (Discretionary vs Unit)
How discretionary trusts and unit trusts work for AU residential builders. Distributions, tax treatment, asset protection and the 2028 minimum trust tax.
Site Establishment Costs in AU Residential Building
Site establishment covers sheds, toilets, fencing, power and signage. Allowances run 5-15 percent of build cost depending on site and program length.
Small Second Dwellings in Victoria: Planning Rules for a Second Home on a Residential Lot
How small second dwellings work in Victoria under the Planning and Environment Act 1987 after the 2024 statewide reforms that removed the planning permit trigger for most lots.
Dual Occupancy Rules for Residential Building in NSW
How attached and detached dual occupancy work under NSW LEPs, what minimum lot size and FSR apply, and how the 2024-25 low and mid-rise housing reforms changed the rules.
Equitable Charges in Construction: How They Work in Australia
Equitable charges over land or funds let a builder secure money owed without a legal mortgage. How they form, how to enforce them and how PPSA changes the picture.
Retention Money in Australian Residential Construction
Retention money is a slice of each progress payment a head contractor withholds from a subcontractor to cover defects. In Australian residential construction it usually sits at 5 to 10 per cent
Security of Payment NT: a builders guide to the West Coast model
How the Construction Contracts (Security of Payments) Act 2004 (NT) works. Single-step adjudication, 90 day window and how the NT regime differs from the East Coast model.
Practical Completion and Handover in QLD Residential Construction
A QLD residential builder reaches practical completion when the work is substantially performed, only minor defects or omissions remain, and the Form 21 final inspection has been issued by the
Mediation of Residential Building Disputes (Australia)
How tribunal-ordered mediation works for residential building disputes across NCAT, VCAT and QCAT, and how a builder should prepare for it.
Tax Deductions for Residential Builders in Australia
Australian residential builders can claim deductions for tools, vehicles, subcontractors and the $20,000 instant asset write-off. ATO rules and common errors explained.
Cyber Insurance and Data Risk for Australian Residential Builders
Builders hold client IDs, card numbers and supplier bank details, all under Privacy Act and PCI obligations. Cyber cover and basic controls cap the cost when something goes wrong.
ATO Taxable Payments Reporting System (TPRS) for Builders
The Taxable Payments Reporting System requires AU residential builders to report contractor payments to the ATO each year via a TPAR by 28 August.
Construction debt recovery in Australia: the full toolkit
Step by step debt recovery for residential builders across Australia. SoP adjudication, statutory demand, court judgment, garnishee orders, sheriff seizure, bankruptcy and winding-up.
Statutory demand: a residential builders practical guide
How residential builders use a section 459E statutory demand to recover debt from a company client or subcontractor. Thresholds, 21 day window and set-aside risk explained.
Drainage and stormwater defects in Australian residential builds
Stormwater defects appear early and cost a lot to fix. Covers AS/NZS 3500.3, the legal point of discharge, pipe sizing, falls and the issues raised at handover.
Construction Loan Bank Requirements for Residential Builders in Australia
Construction loans in Australia release funds in progress draws against a fixed price building contract. Banks check invoices, valuations and insurance at each stage.
VBA show cause notice: how the VIC disciplinary process works
How the VBA show cause process works in VIC. Statutory grounds under section 179, the section 182 notice, the 14 day response window and the disciplinary outcomes the BPC can impose.
Roofing licence in Australia: roof plumbing vs roof tiling per state
Roofing in Australia splits into roof plumbing for metal cladding and gutters, and roof tiling for clay or concrete tiles. Each is licensed as a separate trade with different rules per state.
Document Retention Periods for Residential Builders in Australia
Tax, employment, contract and defect records each have different retention rules under the ATO, ASIC, Fair Work and state building Acts. Plan to the longest applicable period.
Fringe Benefits Tax for Residential Builders (Vehicles + Accommodation)
FBT applies when AU residential builders provide cars, dual cab utes or accommodation to employees. The rate is 47% for the FBT year ending 31 March 2026.
Subcontract Agreements in Australian Residential Building
A subcontract sits between a head contractor builder and a trade. Back-to-back terms and flow-down clauses transfer head contract obligations down, but security of payment law limits how far
Holdback and Retention on Australian Residential Builds
How the 5 and 2.5 per cent retention structure works across an Aussie home build, when each release happens, and where retention has to sit in a trust account.
Notice of defects before handover on Australian residential builds
A homeowner can refuse handover where the work has material defects. Covers the notice of defects, the defects liability period and the warranty regimes in NSW, Vic and Qld.
Granny Flat Rules in NSW Secondary Dwellings
How granny flats are regulated in NSW under the State Environmental Planning Policy (Housing) 2021, the 60 sqm size cap, lot size triggers, and the CDC fast track pathway.
Cracking defects in residential construction: causes and risk profile
Cracking is the single most common defect class in Australian residential tribunal cases. It spans hairline shrinkage in render through to structural movement in footings. Classification under
Cost Plus vs Fixed Price Building Contracts in Australia
How fixed price and cost plus residential building contracts allocate risk in AU, and the statutory limits on cost plus under state home building law.
Practical Completion and Handover in WA Residential Construction
In WA a residential build reaches practical completion when the works are substantially carried out under the contract and the builder serves a notice of practical completion under the Home
NSW Strata Renovation Bylaws: Cosmetic, Minor and Major Work
NSW strata law splits renovations into cosmetic, minor and major under sections 109, 110 and 111 of the Strata Schemes Management Act. This entry covers each category and the NCAT review path.
Plumbing defects in Australian residential construction
Plumbing defects include hot water temperature non-compliance, no backflow protection, hot water relief drains run to unsafe locations and wet area waterproofing failure. AS 3500 and AS 3740
NCAT Conduct of Proceedings for NSW Home Building Disputes
NCAT runs NSW home building disputes under Procedural Direction 3. Expect directions hearings, Scott schedules, expert reports under the Code of Conduct and concurrent evidence at hearing.
QHWIS Non-Completion Cover: The 3-Month Termination Window (QLD)
The Queensland Home Warranty Insurance Scheme covers homeowners when a builder cannot finish a job. This entry sets out the 2-year cover envelope and 3-month termination window.
Restrictive Covenants on Residential Title: What Builders Need to Know
Restrictive covenants control build height, materials and use on most new subdivision titles. Here is how they bind a builder and how they can be removed or varied.
Responding to a Building Commission NSW Proactive Inspection
How NSW residential builders should respond when Building Commission NSW turns up for a proactive site inspection. Powers, what inspectors look for and how rectification orders work.
Illegal Phoenix Activity in Australian Construction: What It Is and How Regulators Track It
Illegal phoenix activity in residential construction: definition, creditor-defeating disposition rules, ATO and ASIC enforcement and penalties.
Paint and finish defects in Australian residential builds
Paint defects are the most-raised category on Australian handover inspections. Walks through AS 2311 prep, moisture and primer rules, plus blistering, mould and uneven sheen.
Coastal Erosion Zones and Residential Building in Australia
How NSW, VIC and QLD regulate residential building in coastal hazard zones, what the relevant Acts require, and what this means for builders working near the coast.
Building Information Certificate NSW: What It Does and When to Apply
A NSW Building Information Certificate stops council from issuing an order against a building for seven years. Here is what a BIC covers and how to apply.
Nominated vs Non-Nominated Subcontractors in AU Construction
Nominated subbies are picked by the principal but contracted by the builder. The split matters because the builder carries the risk for trades they did not choose.
Expert Witnesses in Australian Residential Building Disputes
Expert witnesses in NCAT, VCAT and QCAT residential building disputes are bound by codes of conduct. The duty is to the Tribunal. Concurrent evidence is the norm and report quality decides cases.
Progress Claim Templates Compliant Under Australian SoP
What a compliant Security of Payment progress claim looks like, what each state requires in a supporting statement and where statutory declarations apply.
Progress Payment Disputes on Residential Builds in Australia
How residential progress payment disputes arise, how the Security of Payment Acts apply to builders and subbies, and which tribunal handles which fight in each state.
Self-Assessable and Accepted Development in Queensland
How the Planning Act 2016 (QLD) sorts residential work into accepted, code assessable or impact assessable categories, plus common examples for builders.
Tool and Equipment Insurance for Australian Residential Builders
How tools-of-trade and portable equipment cover responds for AU residential builders, where the common gaps sit and whether subbie tools are insured.
Subcontractor Claims When a Builder Defaults
When a residential head contractor stops paying or goes under, subbies have a layered set of remedies in Australian law. Security of Payment adjudication is usually the fastest. Subcontractors
Delay Claims for Builders in Australia
How EOT claims, delay damages, concurrent delay and notice provisions work in AU residential building contracts and the standard QBCC notice windows.
Heritage Listed Residential Property in NSW: State Register and Local LEP
NSW has two heritage paths. State Heritage Register listings sit under the Heritage Act 1977. Local listings sit in Schedule 5 of the council LEP.
Estimating Software for AU Residential Builders
A practical look at estimating software categories used by Australian residential builders, including Buildxact, Databuild, CostX and Cubit, and how to pick one that fits your build volume and
Adjudication Process Across Australia: How Construction Payment Disputes Get Decided
A practical walk-through of the adjudication process under Security of Payment laws in NSW, VIC, QLD, WA and SA. Payment claim, payment schedule, application, determination, enforcement.
Instant Asset Write-Off for Residential Builders (2025-26)
The $20,000 instant asset write-off applies to eligible Australian residential builders for assets first used between 1 July 2025 and 30 June 2026.
The Tender Process For Residential Construction In Australia
How residential builders tender in AU: invitation, lump sum versus schedule of rates, qualifications, and the rules on withdrawing a price before contract.
Choosing a Business Structure for a Residential Builder in Australia
Builders in Australia trade as sole traders, partnerships, Pty Ltd companies or through a trust. The choice shapes tax, asset protection and how state regulators assess licence eligibility.
Pre-Purchase Building Inspections in Australia: AS 4349.1
What a pre-purchase building inspection covers and excludes under AS 4349.1-2007, plus how buyers and builders use it before settlement.
Termination Rights in Australian Residential Building Contracts
Termination for breach, common law repudiation and state-specific exit rights in AU residential building contracts: how each ground works and what triggers it.
GST on New Residential Premises in Australia
How 10% GST applies to new residential premises in AU, including the 5-year rule, the margin scheme and the 1/11 or 7% purchaser withholding obligation.
VBA audits of residential builders in Victoria
How the VBA audits Victorian residential builders, the triggers behind Show Cause notices under section 178 of the Building Act 1993 and the penalties that can suspend or cancel a registration.
Window and door defects in Australian residential construction
Window and door defects include wind rating mismatch, missing safety glass, head flashing failure and inadequate sealing to wall wrap. AS 2047 and AS 1288 govern. Water entry through window
QBCC Minimum Financial Requirements and Annual Reporting (QLD)
QBCC licensees in Queensland must meet Minimum Financial Requirements at all times. This guide covers the nine financial categories, annual lodgement and how MFR breaches trigger demerit points.
Expert Witness Duties in Residential Construction Disputes (Australia)
The duties of an expert witness in Australian residential building disputes, the Ikarian Reefer principles and the codes that bind experts in federal and state courts and tribunals.
Abandonment of Residential Building Contracts in Australia
When a builder stops work and never returns, what counts as abandonment in AU residential contracts. Abandonment vs repudiation vs frustration and the owner remedies.
Professional Indemnity Insurance for Design and Construct Residential Builders (AU)
How professional indemnity cover responds when an AU residential builder takes on design responsibility under a D and C contract, and where the cover stops.
Concrete defects in Australian residential construction
Concrete defects include inadequate cover to reinforcement, hot weather pouring without curing controls, honeycombing and shrinkage cracking. AS 3600 and AS 1379 govern. Tribunal cases routinely
Pool Safety Inspector Licensing and Form 23 Certificates (QLD)
A QLD pool cannot be sold or leased without a current pool safety certificate. This entry covers the QBCC Pool Safety Inspector licence and Form 23 process for residential builders.
Cash Flow For Residential Builders In Australia
How deposits, progress payments and retention shape cash flow on a typical AU residential build, and the patterns that push builders into insolvency.
Fixed Price Versus Lump Sum Contracts In AU Residential Construction
Builders often use fixed price and lump sum as synonyms. They are not the same thing under AU residential construction law and the difference shifts risk between builder and owner.
Final inspection and handover checklist for Australian residential builds
A clean handover starts weeks before keys change hands. Covers the practical completion inspection, the documents in the owner pack and the way the snag list is logged and tracked.
Milestone Payments in Australian Residential Building Contracts
How milestone payment schedules work in AU residential building. State by state stage requirements, claims-based alternatives and how Security of Payment Acts overlay.
Form 15 and Form 16 in QLD residential building
Form 15 is the design compliance certificate a competent person gives the certifier. Form 16 is the inspection sign off for a stage or aspect. Both sit under the Building Regulation 2021.
Preference Payments to Construction Creditors in Australia
How voidable transaction rules under Corporations Act sections 588FA to 588FH let a liquidator claw back payments made to construction creditors before collapse.
Proof of Debt After a Residential Builder Collapses: How Homeowners and Subbies Lodge a Claim
How a homeowner or subcontractor files a proof of debt with a liquidator or trustee after a residential builder fails, what it ranks and what payment is likely.
Dividing Fence Rules in NSW: Costs, Notices and Court Orders
How the Dividing Fences Act 1991 (NSW) splits cost between neighbours, what a fencing notice must contain and how the Local Court or NCAT decides disputes.
Plans and Drawings in Australian Residential Building Contracts
Which plans, drawings and revisions form part of an Australian residential building contract, how order of precedence resolves conflicts, and where latent design risk sits when drawings change
Victorian Planning Permit Process for Residential Builders
How the Planning and Environment Act 1987, the Victoria Planning Provisions and VicSmart shape the planning permit pathway, and where building permits fit.
Set-Off Rights for Builders in Australia: Contractual vs Equitable Set-Off
How set-off lets a builder reduce what it owes a counterparty by netting cross-claims, and how Security of Payment laws restrict it on progress payments.
Final Payment and Retention Release on Residential Builds (AU)
How the final claim works at Practical Completion, what triggers retention release at the end of the DLP, and what a defects notice does to your money.
Retention Trust Funds in NSW Construction
NSW requires head contractors on head contracts worth $20 million or more to hold subcontractor retention money in an approved trust account. The scheme is set up under the Building and
Development Application Process for Residential Builds in WA
How the Planning and Development Act 2005 (WA), the R-Codes and local planning schemes drive the council DA process for single houses and grouped dwellings.
Tree Removal on Residential Sites in Australia: Council Preservation Orders plus Neighbour Tree Disputes
How tree removal works on Australian residential sites: council tree preservation orders, the Trees (Disputes Between Neighbours) Act 2006 (NSW) plus VCAT and QCAT pathways for tree disputes.
Landscaping licence in Australia: structural vs decorative work per state
Landscape work splits into structural and decorative buckets in Australia. Structural landscaping is licensed in NSW, QLD and VIC above set thresholds. Decorative gardening generally is not.
Parking Requirements for Residential Development in Australia
Typical council parking rates for single dwellings, dual occupancies and apartments across Australia, with the AS/NZS 2890.1 design dimensions that sit behind them.
Responding to a SafeWork Site Visit on a Residential Build
How a residential builder should respond when a WHS regulator inspector attends a site, including PIN response, improvement and prohibition notices and what inspectors check.
Subcontractor Payment Schedules Under Security of Payment Acts
When a subbie issues a payment claim under a state Security of Payment Act the head contractor has a hard statutory window to respond with a payment schedule. In NSW and VIC that window is 10
Principal-Supplied Subcontractor Arrangements in AU Residential Building
How principal-supplied subcontractor arrangements differ from direct engagement in Australian residential building, and where contract risk and insurance sit.
NSW Design and Building Practitioners Registration Classes Explained
NSW builders on Class 2, 3 or 9c buildings must register under the Design and Building Practitioners Act. This entry covers each class, the declaration workflow and the 1 July 2026 expansion.
Taxable Payments Annual Report (TPAR) for Residential Builders
AU residential builders must lodge a TPAR by 28 August each year reporting payments to subcontractors for building and construction services.
Unfair Preferences in Construction: How to Defend a Clawback
What makes a payment an unfair preference under section 588FA and how the running account defence and good faith defence work for construction creditors in AU.
Encroachments onto Neighbouring Land: Court Orders, Compensation plus Builder Liability in Australia
How encroachments by buildings onto neighbouring land are resolved in Australia using the Encroachment of Buildings Act 1922 (NSW), common law trespass remedies plus the injunction versus
Risk Allocation in Australian Residential Building Contracts
The typical risk matrix for an Australian residential build: who carries the weather, latent ground, design, supply chain and regulatory approval risks, and how the contract should record those
Builders Liens in Australia: Why the Mechanics Lien Does Not Exist Here and What Replaces It
Why Australia has no general mechanics or contractors lien on land like the US, and what tools actually protect Australian builders: PPSA, retention of title and SOP rights.