Do not pay a builder deposit until the written agreement, every referenced plan and specification, the payment schedule, insurance evidence, warranty terms, and change-order process are complete and internally consistent. Confirm the builder’s legal identity and credentials, the exact work and price, deposit protections, completion rules, termination rights, and lien safeguards. Because deposit caps, cooling-off rights, insurance, warranties, and required wording depend on location, project type, contract value, and builder status, have a local residential-construction lawyer review unclear, amended, or high-value terms before you sign.
Start with the complete contract package
A signature page alone does not describe a house. The enforceable promise may include the main agreement plus drawings, specifications, schedules, addenda, allowances, engineering documents, energy requirements, site reports, and a warranty booklet. Read them as one package and make sure the contract identifies each document by title, date, revision, and page count.
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Build a document register
- List the contract form, plans, elevations, structural and civil drawings, specifications, inclusions schedule, appliance and fixture schedule, site-work plan, landscape plan, engineering reports, addenda, special conditions, and warranty documents.
- Write the revision or issue date beside every attachment. Remove superseded versions from the signing set.
- Initial or otherwise acknowledge each incorporated document where the form requires it, and keep the fully signed set in a secure location.
- Check for conflicts. State which document controls if a drawing, specification, allowance, or special condition says something different.
Western Australia’s building regulator requires covered written contracts to include specifications, addenda, and working drawings. Maine’s Attorney General identifies the work and materials as required information for covered projects. Those are local examples, not a universal checklist of legally mandatory documents.
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Verify the parties, property, and authority to sign
Legal names and signatures
- Use the owner’s full legal name, not a nickname, and identify every owner who must consent.
- Check the builder’s exact legal entity, trading name, company or registration number, business address, and service address.
- Confirm that the person signing for the builder is authorized to bind that entity. A salesperson’s signature may not be sufficient.
- Make sure notices, invoices, and formal claims must be sent to an address and email that will remain usable throughout construction.
Property description
Match the lot number, street address, title or parcel reference, and any staged-development description to your ownership documents. State whether the builder is responsible for surveying, soil testing, demolition, clearing, retaining walls, temporary access, and protection of neighboring property. A vague address can create disputes about which plans, site conditions, or allowances apply.
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Approvals and handover responsibilities
Assign responsibility for planning consent, building permits, inspections, utility connections, driveway or verge approvals, environmental conditions, and the occupancy or completion certificate. Specify who pays each fee and what happens if an authority requires a redesign. Also identify who supplies information or access and the deadline for doing so.
Define exactly what will be built
Scope and inclusions
Read the work description room by room and trade by trade. It should identify structure, foundations, framing, roofing, insulation, windows, doors, waterproofing, mechanical and electrical systems, plumbing fixtures, cabinetry, appliances, flooring, paint, external works, and cleanup. “Complete house” or a model name is not enough unless the referenced specification defines it.
Exclusions and owner-supplied items
Mark every item you must buy or arrange, such as light fittings, window coverings, landscaping, fencing, data services, specialty appliances, or demolition. For owner-supplied products, state who verifies dimensions, stores the item, bears damage risk, installs it, and pays if it arrives late or defective. Put every sales promise into the contract or a signed attachment; oral assurances are difficult to enforce and may conflict with the written scope.
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Identify assumptions about soil, rock, groundwater, contamination, drainage, access, weather protection, and existing services. If the price relies on an allowance for an uncertain condition, explain the measurement method, supporting evidence, markup, and approval process. Require prompt written notice when an assumption is wrong so you can decide whether to proceed.
Audit the price, allowances, and adjustment clauses
Find the real contract price
Locate the total price and list what it includes: taxes, permit fees, design fees, delivery, temporary utilities, testing, waste removal, and final cleaning. Reconcile the total against the payment schedule. A low headline price can conceal large provisional sums or owner-paid work.
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Understand allowances and provisional sums
For each allowance, record the amount, whether tax and installation are included, the selection deadline, and the builder’s markup. Ask how the final amount is calculated when your selection costs more or less, what invoices or receipts support the difference, and whether an unused balance is credited. Require a written approval before an allowance is exceeded.
Challenge unilateral price changes
Look for clauses allowing the builder to substitute products, alter plans, add surcharges, or increase the price without your signed approval. Ask a local lawyer to explain any broad discretion, especially where the clause interacts with a fixed-price promise. Western Australia prohibits rise-and-fall clauses for covered contracts; that restriction does not automatically apply elsewhere.
Check the deposit and every payment milestone
Questions about the deposit due now
- What exact amount is due, on what date, and to which legal entity or account?
- Is the money held in trust, a protected account, or an ordinary operating account?
- What event permits the builder to use it?
- When is it refundable, and what documented costs may be deducted if the contract ends?
- Will you receive a signed receipt that identifies the project and payment date?
Test each progress claim
Every milestone should identify a measurable stage, the amount or formula, the documents needed, and the inspection or certification process. “Materials ordered” is not the same as materials delivered and incorporated. Avoid paying for work you cannot verify, and retain invoices, receipts, inspection reports, and correspondence.
| Payment item | What the contract should state | Evidence to request |
|---|---|---|
| Deposit | Amount, due date, recipient, permitted use, refund and deduction rules | Signed receipt and any trust or insurance evidence required locally |
| Stage payment | Objective completion definition, amount, notice and inspection rights | Progress photographs, inspection or certification record, invoice |
| Allowance adjustment | Selection, credit, markup, tax, and approval method | Supplier quote or invoice and signed adjustment |
| Variation payment | Revised scope, price, tax, and time effect before work starts | Signed change order and supporting quotation |
| Final payment | Completion definition, punch-list process, certificates, and retention if lawful | Handover documents, approvals, warranty papers, lien releases or waivers where appropriate |
Check the local deposit limit
Do not apply another jurisdiction’s percentage to your project. Western Australia’s regulator describes a maximum pre-work deposit of 6.5% for contracts within the stated statutory scope; the cited protections do not apply to contracts below $7,500 or above $500,000. Maine’s Attorney General describes a limit of no more than one-third of the total price for covered home-construction and improvement contracts over $3,000. These thresholds depend on the local statute, contract type, and value, and neither is a universal rule.
Set a realistic schedule and completion standard
Dates and conditions
State the estimated start date and the date for substantial or practical completion. Identify conditions that must occur first, such as permit issuance, finance, site access, selections, demolition, or utility approval. Define whether the date is a calendar date, a number of working days, or an estimate.
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Completion and punch-list work
Define “substantial completion” or “practical completion,” handover, defects, and the punch-list process. Explain whether minor incomplete items permit occupation, how they are recorded, and the deadline for correcting them. Tie final payment to the contract’s completion standard and required certificates rather than to a vague promise that the home is “nearly finished.”
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Delays and extensions
List allowable causes such as severe weather, authority delays, owner changes, unavailable materials, or events outside a party’s control. Require timely written notice, an explanation of the effect, and reasonable supporting records. Check whether the builder can extend time unilaterally, whether you can challenge an extension, and whether delay causes a credit, liquidated damages, or no financial consequence. Maine guidance identifies estimated start and substantial-completion dates for covered agreements; Washington consumer guidance likewise tells owners to compare dates in a contractor agreement.
Control changes before they become expensive
Required contents of a change order
Require a dated document describing the changed work, reason, drawings or specifications affected, price increase or credit, tax, schedule effect, and any change to warranty or maintenance obligations. Specify who may approve it for each party. No field instruction, text message, or verbal request should alter the price unless the contract’s written procedure is followed.
Timing and emergency work
State that ordinary variation work cannot begin until both parties sign the change order. If emergency work is necessary to protect people or property, define who may authorize it, the spending limit, notice period, and records required. Western Australia’s regulator says covered variations must be written, dated, and signed before the variation work starts. That is a jurisdiction-specific example of a useful control.
Verify licensing, insurance, and warranty protection
Builder credentials
Check the builder’s licence or registration in the relevant government register and confirm that the category covers your project. Record the licence number and expiry date. A business name, online review, or trade association membership is not a substitute for the required licence.
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Insurance evidence
Obtain certificates before paying when local law requires them. Confirm the insured party, project address, contract value, policy period, exclusions, cancellation notice, and claims procedure directly with the insurer or regulator where verification is available. Western Australia describes home indemnity insurance for specified building-permit work valued above $20,000 and says the certificate should be provided before payment; the coverage and caps described there apply to that statutory scheme, not every jurisdiction.
Warranty terms
- Separate express promises in the contract from statutory warranties imposed by local law.
- Record the coverage period, start date, exclusions, maintenance duties, and remedy for defective work.
- Identify how to notify a claim, the builder’s response deadline, and escalation route if the builder does not respond.
- Ask whether rights transfer to a later owner and whether a separate warranty booklet limits or changes the signed agreement.
Maine identifies an express workmanship warranty as a required term for covered contracts. New South Wales guidance addresses statutory warranties and insurance information. The duration and enforceability of any warranty remain local questions.
Protect yourself from liens and unpaid trades
Subcontractors and suppliers may have lien or payment-claim rights even after you have paid the builder, depending on local law. Ask how the builder pays trades and what documentation you will receive with each claim and at completion.
- Request lien waivers or releases in the form and timing recognized in your jurisdiction.
- Ask for a list of major subcontractors and suppliers, while recognizing that disclosure rules vary.
- Do not sign an unconditional waiver before the related payment has cleared unless a local lawyer confirms it is appropriate.
- Keep proof of every payment and respond promptly to any lien notice; statutory deadlines can be short.
Maine advises asking for lien waivers when making payments. Washington consumer guidance warns that unpaid suppliers or subcontractors can create lien exposure and recommends written payment arrangements. A local lawyer or title professional can explain which waiver form protects you without surrendering rights prematurely.
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Read termination, default, and dispute clauses
Ending the contract
Identify each party’s default, notice method, cure period, termination right, termination fee, and refund formula. Clarify what happens to drawings, permits, materials, deposits, equipment, and partially completed work. Check whether the builder may suspend work for a disputed invoice and whether you may obtain substitute performance.
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Dispute process
Review mandatory negotiation, mediation, arbitration, or court steps; venue; governing law; legal-fee allocation; expert evidence; and any shortened deadline for claims. A clause requiring arbitration in a distant location or waiving a statutory remedy deserves local legal advice before signing.
Special conditions and indemnities
Look closely at broad indemnity, consequential-loss waivers, insurance exclusions, unilateral termination, and clauses making you responsible for the builder’s design or subcontractor obligations. New South Wales guidance recommends legal advice before changing a standard contract or accepting amendments and special conditions; the same caution is sensible wherever a bespoke clause materially shifts risk.
Compare competing builder contracts on the same basis
If you have several offers, compare only contracts for the same design, site assumptions, inclusions, and local legal framework. Use a written scorecard rather than comparing deposit percentages alone.
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| Scope completeness | Are plans, specifications, site works, finishes, appliances, and exclusions equally detailed? |
| Total price | How much is fixed, and how much is allowance, provisional, tax, escalation, or owner-paid? |
| Deposit and refunds | Is the amount lawful locally, protected, receipted, and clearly refundable or deductible? |
| Milestones | Do claims match observable work or supplied materials, with inspection rights? |
| Schedule | Are start, completion, delay notices, extensions, and handover defined? |
| Changes | Must scope, price, and time effects be signed before work begins? |
| Insurance and warranty | Are certificates, coverage, exclusions, claim steps, and statutory rights documented? |
| Termination and disputes | Are notice, cure, refund, venue, arbitration, and fee terms balanced? |
| Lien protection | Will you receive appropriate waivers, releases, and payment records? |
A practical review sequence before signing
- Collect the proposed contract and every incorporated document; create a dated document register.
- Verify the parties, property description, builder licence, signing authority, and responsibility for approvals.
- Mark every inclusion, exclusion, allowance, owner item, site assumption, and price-adjustment clause.
- Recalculate the total price and compare it with the deposit and milestone schedule.
- Test each payment trigger against observable work, delivered materials, inspection rights, and local payment rules.
- Read completion, delay, variation, warranty, termination, dispute, and lien provisions without relying on sales explanations.
- Obtain required insurance certificates and confirm them with the issuing authority or insurer.
- Send written questions and insist that agreed answers appear in a signed amendment or change to the contract.
- Have an independent local residential-construction lawyer review unresolved, unusual, amended, or high-value terms.
- Sign and pay only after receiving the final, internally consistent version and a receipt identifying the project.
Jurisdiction examples show why location matters
Western Australia
The Department of Local Government, Industry Regulation and Safety page updated September 21, 2026, describes a 6.5% maximum pre-start deposit for contracts within the Home Building Contracts Act scope it explains. The cited statutory range excludes contracts below $7,500 and above $500,000. The same guidance describes home indemnity insurance for specified building-permit work above $20,000 and says the certificate should be provided before payment. These figures apply only to the described Western Australian scheme.
Maine
The Maine Attorney General says covered home-construction and improvement contracts over $3,000 must contain specified terms and limit the deposit to no more than one-third of the total contract price. Its materials also identify an express workmanship warranty and provide model contract and change-order resources. Confirm that your project and builder fall within the covered category before relying on those rules.
New South Wales
New South Wales government guidance addresses residential contract rules, statutory warranties, payment limits, and insurance information, and advises legal advice for amendments or special conditions. The applicable requirements depend on the project and contract details.
Red flags that justify stopping payment
- The builder will not provide the complete plans, specifications, or signed inclusions schedule.
- The deposit is demanded by a person or entity different from the contracting builder.
- You are pressured to pay before required insurance evidence or a written contract is supplied.
- Milestones are vague, front-loaded, or unrelated to completed work and delivered materials.
- Allowances are large but undefined, with no credit, markup, or evidence method.
- The builder can change price, scope, or schedule unilaterally.
- Oral promises are excluded by an entire-agreement clause and not added in writing.
- The contract omits completion standards, warranty claims, termination rights, or dispute procedures.
- You are asked to sign an unconditional lien waiver before payment clears.
- Special conditions waive statutory rights or require a distant forum without a clear commercial reason.
When professional review is worth the cost
Independent legal review is particularly valuable when the deposit is substantial, the contract combines land purchase and construction, the builder proposes amendments or special conditions, the site has unusual risks, the price contains significant provisional sums, or the project is near a local statutory threshold. Give the lawyer the complete signed set, not just the front page, and ask for written answers on deposit legality, refund rights, insurance, warranty limits, variations, termination, arbitration, and lien exposure.
The Bottom Line
Pay only after the final contract package states exactly what will be built, what it costs, when payments are earned, how changes are approved, what insurance and warranties protect you, and how disputes or unpaid trades are handled. Verify the rules with the building regulator for the property’s location and obtain local legal review where the wording, value, or risk is significant.
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