Yes, you can amend a clause in a standard form home building contract.
The whole basis of a contract is that it is an agreement between the parties. One party dictating the terms of the contract to the other creates an unfair bargaining position between the builder and the homeowner.
At Aitchison Reid, we recommend that all homeowners get contract reviews of their home building contracts so that:
what the terms mean and their significance are explained; and
any unfair terms are amended so that there is greater equality between the parties to the contract.
Once the contract has been agreed and signed, you are stuck with the terms you have agreed to.
However, please note that the contract after amendments will still need to comply with the requirements for a regulated level 2 contract ($20,000 or above) or for a regulated level 1 contract (between $3,000 and $20,000). To read more see the FAQ “Does a home building contract have to be an HIA, Master Builders or QBCC contract?” by searching for "section 14 schedule 1B".
