Contract review
What Are the Housing Industry Association and Master Builders Association?
HIA and Master Builders are major building industry associations in Australia. Homeowners often see their contracts used for residential building projects, so it is important to understand what these organisations are and what their contracts do.
Homeowners are often given a building contract prepared using a standard form from the Housing Industry Association or Master Builders. These contracts are common in residential building projects across Australia. Before signing one, it is useful to understand what these organisations are and why their contracts matter.
The Housing Industry Association, usually called HIA, is a national industry association for the residential building industry. Its members include builders, trade contractors, manufacturers, suppliers and other businesses involved in housing construction.
HIA provides industry advocacy, member services, training, technical information and standard form contracts used in residential building. It also publishes a Code of Ethics that applies to its members and is directed at professional conduct, honesty, fairness and integrity in business dealings.
For a homeowner, the important point is this: an HIA contract is not automatically a simple or risk-free contract just because it is a standard form. It is still a legally binding building contract. It still needs to be read carefully before signing.
Master Builders is also a major building industry organisation in Australia. Master Builders Australia is the national body, and each state and territory has its own Master Builders Association. These organisations represent builders and contractors across the building and construction industry, including residential construction.
Like HIA, Master Builders provides industry advocacy, member services, training, resources and standard form building contracts. Master Builders contracts are also commonly used by builders for residential building work.
For homeowners, the issue is not whether a contract is labelled HIA or Master Builders. The issue is what the contract says, what has been added to it, what has been left incomplete, and how the documents work together.
A standard form contract can be changed by special conditions. It can also be affected by the quote, specifications, drawings, inclusions, exclusions, schedules, allowances, provisional sums and other documents attached to it. Those documents may alter the risk position significantly.
Homeowners should also understand that membership of an industry association is different from legal compliance. A builder may be a member of HIA or Master Builders, but the owner should still check licensing, insurance, contract documents, scope of work, price, payment stages, timeframes, variations, exclusions and dispute resolution provisions.
The practical benefit of understanding HIA and Master Builders is that it helps the owner know what type of contract they are being asked to sign. These contracts are familiar in the industry, but they are not documents that should be signed without review.
A contract review looks at the actual contract pack, not just the name on the front page. It considers the standard terms, the special conditions, the schedules, the drawings, the specification, the builder’s quote, the allowances, the exclusions and any unresolved items that should be dealt with before signing.
That is particularly important where the contract documents are incomplete, inconsistent or unclear. If those issues are not resolved before signing, they can become disputes during construction.
The best approach is to treat an HIA or Master Builders contract as a serious legal and commercial document. It should be understood before signing, and any unclear or incomplete matters should be raised with the builder before the owner is committed.
Need your domestic building contract reviewed before you sign?
Submit your HIA or Master Builders home building contract pack for a practical construction lawyer review before you commit to the contract.