What should be in a home building contract before work starts?
A building contract is the record of what the builder will do, for what price, when and on what payment terms. It should also explain how changes, delays and disagreements are handled. A signature on a one-page quotation is a poor substitute if the drawings, scope and responsibilities are still unclear.
Identify the parties and the job
Check the legal name and address of the homeowner and builder, the site address, the exact drawing revisions and the specification. Attach or clearly identify the documents that form the agreement. If the quotation has qualifications or exclusions, reconcile them with the drawings before signing. A “complete extension” description does not settle who provides the kitchen, drainage design, floor coverings or making good.
Record any other professional appointments separately. The architect, engineer and building control body have different roles; the builder’s contract should not silently transfer unresolved design decisions to the homeowner.
Define price, allowances and changes
State the contract sum or pricing basis, applicable VAT, provisional sums, client-supplied items and who pays statutory or utility charges. Agree the procedure for instructing and pricing variations before they are carried out where practical. A variation record should include its effect on time as well as cost.
The fixed-price versus estimate guide explains why the label on the quotation is less useful than the scope behind it.
Link time and payments to evidence
Set out the start date or its trigger, a realistic construction period, access arrangements, responsibility for delays and the procedure for extending time. A detailed schedule of works helps identify the work, while a programme explains its sequence. Decide how disruption, occupied rooms and temporary weather protection will be managed.
List each payment stage, amount, due date and the event that makes it payable. Include any documented pre-start procurement or mobilisation arrangements and the final balance process. See the payment schedule guide for the practical checks.
Plan for completion and problems
Define inspections, testing, certificates, warranties where offered, handover information, defects and the process for resolving outstanding work. Record insurance responsibilities and who is protecting the existing home and neighbouring property. Check termination and dispute provisions before they are needed, not when a relationship has broken down.
JCT offers Home Owner building contracts, including versions that differ according to whether a consultant is appointed to oversee the work. Choosing a familiar form does not complete the project-specific drawings, schedules and choices for you. If a legal dispute has begun, obtain legal advice on the actual contract.
Before you sign
Read every referenced document together. Ask the builder to resolve mismatches in writing, then keep a complete signed copy and a change register. Build Advocate’s Complete Builder Selection service reviews proposed contracts, payments and programme alongside builder due diligence so the appointment decision rests on the full picture.
