簽合約之前 必須知道的7件事
7 things you must ask your bulider before signing a contract
簽合同前需問建築商的 7 件事讓我們教你如何鑒別專業建築商
7 things to ask the builder before signing the contract let us teach you how to identify professional builders
買房是人生大事輕忽不得,你首先須注意的事:
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你的建商擁有本州合法建築執照嗎?
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他們擁有足夠專業與技術來承擔擬建項目嗎?
The first things you should determine are:
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Is your builder allowed to build in the state?
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Do they have the skills and experience to undertake the proposed project?
如果你想在複雜地區興建,或是需要特殊施工技能,這將是你所必須考量的。
This is particularly true if you plan on building in a difficult location or your design requires special construction skills.
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這家建商是正確選擇嗎? 建商有無註冊?
Is this construction business the right choice?Is the builder registered?
選擇建商最重要的事是檢查對方有無註冊 State Construction 州建設局,因為州建設局的建築賠償計劃會保障你的房子未來 6 年的缺陷修補。你可聯絡 Local State Building Authority 當地國家建築局或上網查詢建商的註冊卡。
The most important thing to remember when selecting your builder is that they must be registered with the appropriate State Building Authority in the state construction is to take place. It is vital that the builder is registered, as this will provide protectionunder the State’s Building Indemnity Scheme that insures your home against major defects for six years.
建築設計與風格 Types of Building Style and Design
專業建商可照設計圖建設任何房型,也可從現有房型圖上提供修改建議與合併各種設計元素。許多建商擁有專屬建築風格,你可多查詢 & 找到你中意的建商建築風格。建案房是大多數澳洲家庭的選項,如果你不喜歡現成的房型,你需聯絡自訂建商或者建案經理。多觀察建商過去的完工項目,這可幫助你找到你中意的建商建築風格。
A builder should be able to work to the style and design of your home. They should also be able to advise you on ways to incorporatevarious elements into your home so that it matches the existing style. Many builders specialize in a particular style so it may be worth searching for one that can build exactly what you are looking for. If you are not sure what it is that you are after,a builder should be able to assist you with some options.
Project homes are a common choice for many Australian families. If your site is not suitable or you want to have more individuality you may have to choose a custom builder or project manager.
Takea look at some of the builder’s past projects, this will allow you to see if the builder can work to your style and specification. Ask for references and visit sites in person if possible. Past clients may be willing to share their experience.
確認建商有無投保 Check the builder holds the correct insurances
確認建商有無投保,包括建築險、公眾責任險和員工補償。要求過目保險證書。
Check the builderholds the correct insurances, including Home Building Insurance, Public Liability Insurance and Worker’s Compensation. Ask to see the certificates of insurance. Should there be a claim against the builder coverage will ensure your project is not affected.
有無在預定地施工? Do you work in the area I plan to build?
確認你的建商有無在預定地施工,不合格的主管和分包商可能導致不合格的作業。
Ask your builder if they do work in your proposed area, if they don’t they may have to source alternative, untested supervisors and subcontractors which maylead to substandard work.
2. 檢查建商的合格證書 Check your builders credentials
目前建商手頭有幾個施工建案? How many properties do you currently have under construction?
這能讓你大致了解建商的公司規模,預約滿額的建商可視為可信賴公司。
This will give you an indication of the size of the company. Whether they are a small builder or a larger project style construction company. A company with a full book of current projects may be viewed as an indication of trust, they are reliable and the work is in high demand. However, ensure they have the capacity to manage your project professionally.
建商曾經宣布過破產嗎? Have you ever been declared bankrupt?
曾經宣告過破產的建商未來有可能會在次宣告破產,如建商無力償債的情況下,請盡量避免延期,於施工期間內盡快完成你的建案。
A builder who has gone bankrupt in the past may end up doing so again in the future. Itis important to ensure your project is completed and avoid delays if your builder becomes insolvent while your project is under construction.
建商有過建案糾紛嗎? Do they have any past or current building disputes?
查出建商現在或過去有無過建案糾紛,這會有助於釐清這家建商的能力、專業度和工作質量。
Find out whether the builder has any current or past building disputes with the relevant Building Authority in your State. This will give you an idea about the builder’s general reliability and professionalism as well as the overall quality of their work.
建商擁有幾年工作經驗? How long have theybeen in business?
查出建商的成立年度,有無繼續使用同樣建商名。改過名的建商在過去也許有出過工作上的問題。澳洲建商公司的平均年齡約 4 年或以下。公司齡多於 4 年的通常為可信任的成功建商。
Find out how long the builder you are considering has existed and whether it has always traded under the same name. A builder that has changed names may be a sign of past problems they wish to avoid. The average life of a building company in Australia is less than four years. A builder who has been trading for more than fouryears is usually the sign of a company with a good business profile and who has been successful to date.
3. 我該如何跟建商溝通 How can I communicate with the builder?
開工後,你要如何跟建商溝通? How will you communicate with your builder once the job starts?
自己建房或許是人生中最備感壓力的一段時間,為了避免興建過程中的種種不如意, 你必需確保在簽合同前,跟建商之間已有明確溝通。
Building a home can be one of the most stressful times inaperson’s life. It can be a difficult time if the project does not progress as expected. You will be in a business relationship with your builder and you must have a clear line of communicationdefined before you enter into a contract.
建商擁有一套系統可定期跟你彙報進度嗎? Does the builder have systems in place to keep you informed?
規劃與施工過程中,你將會有不少疑問與需修改部分,定期的彙報將有助於雙方。建議建商跟你於施工現場做定期彙報討論,讓你可親眼看到整個施工過程。施工流程表亦可幫助你確認每一施工階段。
During the planning and construction of a home there will be many questions to be answered and decisions made. A regular steady flow of information between you and the builder will help ease the process.Does the builder schedule regular onsite meetings, allowing you to view the work progress and to discuss any construction issues that may arise from time to time?Does the builder have reporting systems in place to keep you informed, advise you of any issues as they arise or to seek your input on building decisions.
4. 所有事情都確認過了嗎? What should the Building Contract Include?
施工合同應涵蓋哪些內容?
A building contract must thoroughly specify the work to be completed, along with the following?
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開始與完工日期
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屋主的姓名與建商的執照號碼
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描述應施工內容,諸如計畫與規格,和特殊施工要求
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必要的保險
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合同價格
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明確的冷卻期聲明
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你已閱讀並了解客戶建造指南
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項目清單和警告注意事項
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屋主需閱讀合同並了解每一細節
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清楚標示主要成本或暫定金額,和建商保證金
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進度付款概述
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所有工作將遵守澳大利亞建築規範以及法律要求的其他標準條款
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合同將於最後一方簽署後,並於另一方也被明確通知後開始生效。註明:這是合同日期,不是項目開始施工日期。
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The commencement and completion date of the project should be clearly stated or easily able to be worked out
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Y our name as the home buyer and the contractor’s license number should be included
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A description of all the work to be carried out during the building process, including plans, specifications, and any particular requirements that you may have
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The necessary insurances
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The contract price
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A clearly stated cooling off period
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The Consumer Building Guide which you must read and acknowledge
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A checklist of items and a caution about signing the contract if you can’t tick yes to all items
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A place for the buyer to acknowledge that they have read and understood everything in relation to the contract
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Prime Cost or Provisional Sum items are clearly stated, along with the builder’s margin to be applied
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Progress payments are outlined
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A clause that states that all work will comply with the Building Code of Australia as well as the other standards required by law
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That the contract begins on the day when the last party signs the contract and the other party is made aware of this signing – this is the contract date and should not be confused with the starting date for the project.
選擇與時間表 Selections and Schedules
你收到的初始報價通常為基本房型圖設計,僅使用基本建材與配件。如果你打算自訂 房型圖,你將跟建商的顧問討論與選擇你中意的建材、配件與裝飾物。所有額外建材、配件與裝飾物價格將加進合同報價裡。不管你是選擇基本房型圖或是自訂房型圖,請在簽署合同前再次確認你所選擇的選項(水龍頭、浴缸、磁磚等...)。
The initial quote you received was most likely for a specific home design built with basic materials and fittings. If you are building a Project home you will have the opportunity to specify some ofthe materials, fittings and fixtures with their Colour Consultants. However, you should be aware that the initial quote you received may have been for a basic package and that any materials or fixtures that you specify above the basic package may add to the contract price. Whether you are building a Project home or a Custom Built home wherever possiblehave all your selections (taps, baths, tiles.etc.) detailed in the contract price before you sign.
平面圖和規格 Drawings and specifications
建商會依照平面圖的測量與硬體內容指示建造。如果你對於合同內容有任何疑問,你也許需考慮娉請專業建築師提供建議。重點 — 優先順序為:合同 - 規格 - 計畫。
The Drawings are the builder’s instructions about the measurements and features of the property being constructed.The Specifications are the agreed instructions about the materialsand building methods to be used to construct the house.If you have any concerns about this part of the contract, you mayneed to consider employing an Architect to provide you some advice.Important –The Order of precedence is: Contract –Specifications–Plans.
5. 合同正確嗎? Is the contract correct?
你有全部閱讀、檢查與瞭解合同內容嗎?
Have you read, checked and understood all of the contract documents thoroughly?
使用認可表格填寫建案合同,譬如房屋業協會 Master Builders’ Association 出版的表格。如果有不明白意思的地方,請諮詢專家或法律,確保你明白所有合同義務, 你的建商同上。如果你有任何不滿部分,請別簽署合同。如果合同有任何想修改部分, 請在這階段實行。
Insist on the use of a recognized form of building contract, such as those published by the Housing Industry Association or the Master Builders’ Association. If you don’t understand any part of the documents, ask questions and seek your own expert or legal advice. Make sure that you understand what your contractual obligations are, as well as your builder’s. If you are not happy, don’t sign. If you want anythingchanged, this is the time to do it.
施工分期付款 Progress Payments
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合同是否要求在各個建設階段支付進度分期付款?
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每個施工階段是否必需完成所要求的工作?
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條款是否令你和貸款方滿意?
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Does the contract require the release of progress payments at various stages of construction?
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Is the work to be completed for each stage specified?
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Are the terms satisfactory to you and to your finance provider?
當建商開出施工分期付款要求,請確保每一施工階段工程已完工並通過驗證。如果你事先付清款項,可能會損害到你的保險範圍。
When a builder issues a Progress Payment Request, make sure the specified work has been completed and verified. Should you make a payment ahead of a stage completion you may compromise your insurance coverage.
建案的維護期是多久? How long is the buildingmaintenanceperiod?
交屋後,建商將提供必要的建築保養。就像產品保固期。住宅項目通常為 6 個月保固。
This is the period of time after your propertyis handed over, that the builder will performany necessarybuilding maintenance. This is similar to a warranty period. For residential properties this is typically six months.
支付款項 Paying deposits
住宅施工合同需投保住宅保險方案,建商可要求你預先支付約 5%的總合同價格。不要事先支付任何預付款,直到建商提供你你的住宅國內建築保險證書。這個保險將保護你免於建商無力償債或無法興建你的住宅。
For home building contacts with work to be covered by a home building insurance scheme, the builder can ask you to pay a deposit of around 5% of the total contract price. Never pay a deposit until the builder has given you a certificate of currency for domestic building insurance for your property. This insurance will cover you if the builderbecomes insolvent and is unable to proceed.
冷卻期 Cooling off period
某些州有法律冷卻期合同條款。冷卻期期間,通常為 5 個工作日,你可撤回合同,但您仍然可能需承擔建築商已經承擔的費用。
In some states, there is a Cooling Off period in the contract by law.During the Cooling Off period, usually 5 days, you are able to withdraw from the contract but you may still be liable for the expenses that the builder has already incurred.
建商公司通常保留他們的設計圖與計畫權。如果你已簽署初始協議並支付部分費用, 你的住宅施工將不能交由第三方建商公司。
Building companies usually own the copyright to their home designs and plans. If you sign aninitial agreement and pay for a particular plan, you cannot have the home built by a different builder.
如果你簽署初始協議後想取消施工,建商將有權利扣留部分或全部已支付金額。
If you decide not to proceed to construction after signing aninitial agreement, the building contractor may be able to keep some or all of the money already paid.
成本加成 Cost Plus
你有確保你的合同不是"成本加成"嗎?建商可通過成本加成合同恢復材料、用品、勞工、間接費與建築費的全額費用。
Have you checked to ensure the contract is not ‘Cost Plus’? A cost plus contract allows the builder to recover the full costs of materials, supplies, labour and overheads plus a per-determined builders margin.
成本加成合同的優點為允許建商優先使用優質的材料,配件和固定裝置,重質而後預 算。缺點為項目業主的不確定性,最終成本不容易掌握。如果你簽署"成本加成"合同, 你應事先充分了解後果。
An advantage of a Cost Plus contract is it allows you to purchase materials, fittings and fixtures at reduced costs or to focus on quality rather than budget. The downside is the uncertainty to the project owners, because the final cost cannot be easily determined.If you are contemplating signing a ‘Cost Plus’ contract, you should be fully aware of the consequences.
拆除 Demolition
你計畫拆除現有或部分舊住宅重建新住宅嗎?如果是,你就需決定是否僱用拆遷公司或直接將拆遷工作納入你的新建築合同。如果你選擇自行安排拆遷公司,你需確保你已事先簽署好新建築合同。拆遷工作開始前,你需聯絡當地政府並獲得拆遷許可以及新建案的建築許可。
Areyou planning to demolish an existing home to build new or just knocking down part of a structure to extend? If so you will need to decide whether to directly employ a demolition firm or to include the work in your new construction contract.If you choose to arrange your own demolition, you will need to ensure that you have signed off on all the new build contracts before you start.
對於拆遷項目的設備交付和碎片清除階段,你可能還需考慮交通管理服務,特別是你的地產位於主通道上。
Before any demolition can beginyou will need to contact your Local Council and obtain a Demolition Permit alongwith the Building Permit for the new construction.You may also need to consider a traffic management service for the equipment delivery and debris removal phases of the project, particularly if you are on a major road.
如果你僱用了私人拆除承包商,他們應該受保,以免拆遷過程對鄰居地產或其他結構造成任何損壞。拆遷開始前,請先閱覽承包商的拆除和賠償保險副本。
If you have employed your own demolition contractor, they should be insured against any damage to your neighbour’s property or other structures. Ask to see a copy of the contractor’s Demolition and Indemnity insurance before any works begin.
如果你是經由建商簽約完成拆除工程,他們將代你承擔所有上述任務。拆遷不包含在在建商的建築保險內,因此,成本不應包含在建築合同裡。
If you contract your builder to complete the demolition works they will undertake all these tasks on yourbehalf. Demolition is not covered by the Builder’s Construction Insurance Scheme, so the cost should not be included in the Construction Contract.
6. 我的合同中有任何津貼嗎? Is there any allowance in my contract?
基本項目和臨時總計項目是否含有津貼?如果有,你理解它們的含義嗎?
Are there any allowances for Prime Cost items and Provisional Sums items?If so, do you understand the meanings of the terms?
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基本項目僅提供材料。
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臨時總計項目提供材料和勞動成本。
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Prime Cost items are for supply of materials only.
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A Provisional Sum Item is for supply of materials and labour cost.
你知道如何計算支付給建商的費用嗎? Do you know how the amounts that you will pay to your builder are calculated?
如果你不確定,請詢問你的建商或顧問。
If you are uncertain, ask your builder or an independent consultant to explain it to you.Temporary Total Project Temporary Total Projects are often mixed with basic projects.
臨時總計項目 Provisional sum items
臨時總計項目通常跟基本項目搞混在一起。臨時總計項目使用在當建商無法提供合同上簽署的擬議工作的正確價格。這很常發生在需包含挖掘工作的情況下。請注意成本價有可能因此上升,舉例來說,如果建商將"鷹架"列入臨時總計項目裡,並且因此延遲項目進度,則額外成本將可能上至數千元。
A Provisional Sum is used whenthe builder cannot give an exact price for the proposed work at the time the contract is signed. It is quite common for excavation work to be included as a Provisional Sum item. Be aware that the costs could rise significantly, for example, should the builder list Scaffolding as a Provisional Sum and the project is delayed, the additional cost could run into thousands.
Your builder must make a reasonable allowance for the nature and location of the building site when estimating supply and delivery in the contract price. As an example, your builder must reasonably allow for transport costs if you are building on a rural property.If reasonably possible, do not agree to provisional sum items as they can make your final cost higher.
Rock Clause –This is a standard clause, which is unavoidable unless the builder inserts a hefty ‘Contingency Sum’ in their costings. If Rock is uncovered during excavation you will need to pay more money, so be prepared.
7. 我是否擁有版權? Do I own the copyright?
如果你不擁有房圖版權,你將被標示為“利潤損失”的
If you do not own the copyright of the house, you will be marked as "loss of profits"
如果你對你的設計圖不擁有版權,那麼當你決定使用該設計並與其他建商合作時,你將承擔版權所有者的“利潤損失”。這包括設計理念; 所以重新設計的設計將不能保護您免於法律訴訟。
If you do not own the Copyright to your design you will be liable for a ‘Loss of Profit’ to the Copyright Owner should you decide to use the design and build with someone else.
有許多建築公司向客戶提供設計圖,而後客戶將這些設計圖交給另一家建築商並以較低價格簽訂合同。這種做法在澳洲是非法的,可能導致法律訴訟,損害賠償以及終止你的建設。
This includes Design Ideas; so getting a design redrawn will not protect you from legal action.There are many instances of Building Companies providing designs to Clients who then take those designs to another Builder and sign a contract for a lower price. This practice is illegal in Australia and can result in legal action for damages as well as yourconstruction being halted.