Terms and Conditions

1. DEFINITIONS

1.1. “Contractor” shall mean Complete Homes (Gold Coast), its successors and assigns or any person acting on behalf of and with the authority of Complete Homes.

1.2. “Client” shall mean the person or entity described as such on the invoices, application for credit, quotation, work authorisation, or any other forms to which these Terms and Conditions apply.

1.3. “Works” shall mean all works (including the supply of Materials) undertaken by the Contractor and described in the Quotation, whether generally described as renovation, construction, or installation.

1.4. “Contract” shall mean the legally binding agreement formed between the Contractor and the Client, comprising the Quotation, these Terms and Conditions, any Variation Documents, and any other documents expressly incorporated by reference.

1.5. “Price” shall mean the total cost payable by the Client to the Contractor for the Works, as detailed in the Quotation and subject to any Variations.

1.6. “Practical Completion” shall mean the stage at which the Works are complete in accordance with the Contract except for minor omissions or defects that do not prevent the Client from using the Works (or the relevant area) for their intended purpose. The existence of minor items on a defects list shall not prevent Practical Completion from being reached.

1.7. “Variation” shall mean any change, addition, or omission to the Scope of Works agreed in writing after the date of Contract acceptance.

1.8. “Latent Condition” shall mean a physical condition on or near the site that could not reasonably have been anticipated by an experienced contractor at the time of quoting.

1.9. “Defects Liability Period” shall mean the period of twelve (12) months commencing on the date of Practical Completion.

2. ACCEPTANCE AND COOLING-OFF PERIOD

2.1. The Client will be deemed to have accepted, and is immediately bound jointly and severally by, these Terms and Conditions if the Client instructs the Contractor to proceed with the provision of the Works, or otherwise accepts the Quotation either by signature, written instruction (including email or text), or payment of a deposit.

2.2. This Quotation is valid for thirty (30) days from the date of issue. After this period, the Contractor reserves the right to review and adjust pricing based on current material and labour costs.

2.3. Cooling-Off Period: Under Schedule 1B of the Queensland Building and Construction Commission Act 1991, the Client has a right to withdraw from this Contract within five (5) business days of receiving a copy of the signed Contract (including the QBCC Consumer Building Guide). To withdraw, the Client must provide the Contractor with a signed written notice. The Contractor may retain $100.00 plus any reasonable out-of-pocket expenses incurred prior to the withdrawal.

2.4. Once the cooling-off period has expired and Works have commenced, the Client’s right to cancel the Contract is governed solely by clause 12 (Termination) of these Terms and Conditions.

3. DEPOSIT AND PAYMENT TERMS

3.1. Payment Schedule: The Price shall be paid by the Client in the following stages:

   (a) Deposit: A deposit is due immediately upon acceptance of this Quotation. In accordance with the QBCC Act 1991, the deposit shall be:
      – 10% of the Contract Price (if the value of Works is under $20,000); OR
      – 5% of the Contract Price (if the value of Works is $20,000 or more).

(b) Progress Payment 1 (Commencement): A payment is due on the day the Works commence (or upon delivery of materials to site). This payment shall be the balance required to bring the total paid to 50% of the Contract Price.

(c) Progress Payment 2 (Halfway): A payment of 25% of the Contract Price is due when the Works reach the halfway mark (e.g., upon carcass installation, sheeting, or completion of rough-in, as defined in the Quote).

(d) Progress Payment 3 (Nearing the End): 15% of the Contract Price is due as Works near completion, bringing the total paid to 90% of the Contract Price.

(e) Progress Payment 4: (Practical Completion): The final 10% of the Contract Price is due immediately upon Practical Completion of the Works.

3.2. Invoices for Progress Payments are due within seven (7) days of the invoice date (or immediately upon commencement for Payment 1).

3.3. Prime Cost (PC) and Provisional Sum (PS) Items: Where the Quotation includes PC or PS items (e.g., tapware, handles, appliances not yet selected), the Price includes an allowance for those items. If the actual cost of the item selected by the Client exceeds the allowance, the difference plus a margin of 20% will be added to the Contract Price. If the cost is lower, the difference will be deducted.

3.4. Default Interest: If the Client fails to pay any invoice by the due date, the Contractor reserves the right to charge interest on the overdue amount at the rate of 10% per annum, calculated daily from the due date until the date of full payment.

3.5. Debt Recovery Costs: In the event that the Contractor is required to engage a debt collection agency or legal representation to recover any unpaid amounts, the Client shall be liable for all reasonable costs of debt recovery, including legal fees on a solicitor-client basis, collection agency fees, and court filing fees.

3.6. Final Payment: The final balance must be cleared in full prior to handover of the Works.

3.7. The Contractor reserves the right to withhold handover of keys, certificates, manuals, or other documentation until all outstanding amounts have been paid in full.

4. APPROVALS AND COMPLIANCE

4.1. The Client is solely responsible for ensuring all necessary planning, building, body corporate, or council approvals have been finalised and are in place prior to Works commencing. This includes, but is not limited to, compliance with the requirements of the Building Act 1975 (Qld).

4.2. The Client must provide the Contractor with written confirmation of all required approvals prior to the agreed commencement date. The Contractor shall not be liable for any delays, fines, stop-work orders, or rectification costs resulting from the Client’s failure to obtain the necessary approvals.

4.3. If Works are suspended or delayed due to the Client’s failure to provide approvals, the Contractor may issue a Variation to recover any additional costs incurred as a result.

5. INSURANCE

5.1. Contractor’s Insurance: The Contractor shall maintain Public Liability and Contract Works insurance appropriate to the specific Works being undertaken.

5.2. Client’s Insurance: The Client acknowledges that the Contractor’s insurance does not cover the existing structure of the property, its contents, or the Client’s personal belongings.

5.3. The Client is responsible for maintaining their own Home and Contents Insurance (or equivalent Property Insurance) to cover the existing property during the renovation Works. The Client agrees to notify their insurer of the renovation works prior to commencement to ensure their policy remains valid throughout the project.

5.4. The Contractor shall not be liable for any loss, damage, or claims arising from the Client’s failure to maintain adequate insurance during the Works.

6. SITE ACCESS, SAFETY AND PREPARATION

6.1. Access: The Client shall ensure the Contractor has clear, safe, and unobstructed access to the work site at all agreed times to enable the Works to be carried out efficiently.

6.2. Site Clearance: Prior to the Contractor’s arrival, the Client must ensure the work area is free of clutter, personal items, and furniture. The Contractor takes no responsibility for damage to items left in the work zone.

6.3. Utilities: The Client shall provide access to electricity and water at the site for the duration of the Works at no cost to the Contractor.

6.4. Keys and Security: If the Client provides the Contractor with keys or access codes to the property, the Contractor will take reasonable care to secure them. However, the Contractor accepts no liability for the loss of keys or any consequential costs (e.g., lock replacement) resulting from such loss.

6.5. Site Safety: Whilst the Contractor will maintain a safe working environment in compliance with applicable Work Health and Safety legislation, the Client and any of the Client’s visitors acknowledge that entering an active construction or renovation site carries inherent risks. The Client agrees to keep unauthorised persons, including children, away from the work zone at all times.

6.6. Client Site Access Restrictions:
(a) The Client agrees not to enter the active work zone or site without prior written consent from the Contractor’s site supervisor, regardless of Client ownership of the property. The Client acknowledges that the Site is a controlled workplace subject to the Work Health and Safety Act 2011 (Qld) and the Work Health and Safety Regulation 2011 (Qld). Any access granted must comply with all WHS requirements including:

Completion of a General Safety Induction (GSI)
Use of appropriate personal protective equipment (PPE)
Direct supervision by a Contractor representative
Compliance with all site-specific safety rules

During high-risk work (heights, excavation, power tools, etc.)
Outside normal business hours
If the Client fails to comply with site safety requirements
If access would interfere with work progress or worker safety

(b) The Client acknowledges that:

The site is an active construction zone with significant hazards including but not limited to: exposed edges, power tools, unstable structures, hazardous materials, and heavy machinery;
They have been clearly advised of these risks;
Entering the site against the Contractor’s instructions is entirely at the Client’s own risk.

6.7 Assumption of Risk for Unauthorised Access

(a) If the Client or any person authorised by the Client enters the site without the Contractor’s permission or in breach of these terms, the Client assumes full responsibility for any injury, loss, or damage arising from such unauthorised entry.
(b) The Client agrees to indemnify and hold harmless the Contractor from any claims, damages, legal costs, or compensation arising from injury sustained by the Client or their representatives while on the site without authorisation.
(c) The Client acknowledges that the Contractor’s public liability insurance does not extend to cover injuries to the Client from unauthorised site access.

7. LATENT CONDITIONS (UNFORESEEN ISSUES)

7.1. The Quoted Price is based on the assumption that the site is free from latent conditions (including but not limited to: rock, filled ground, timber decay, termite damage, asbestos, mould, hidden pipes or wiring, or inadequate subfloor conditions), unless specifically identified and noted in the Quotation.

7.2. Should such conditions be encountered during the Works, the Contractor will cease relevant work, notify the Client as soon as practicable, and provide a Variation price to address the issue. The Client agrees to pay for these reasonable additional costs as a Variation.

7.3. The Contractor shall not be liable for any delays arising from the discovery of latent conditions, and a reasonable Extension of Time will apply in accordance with clause 11.

8. VARIATIONS

8.1. Any changes to the Scope of Works requested by the Client or required due to site conditions after acceptance of the Quotation must be documented and agreed upon in writing in a Variation Document signed by both parties.

8.2. Variations will be priced by the Contractor and approved in writing by the Client before the specific additional or amended work commences, except in cases of urgent necessity to prevent damage or ensure safety.

8.3. The Contract Price and timeframes will be adjusted accordingly to reflect any approved Variations.

8.4. Verbal instructions to vary the Works do not constitute a binding Variation. The Contractor reserves the right to decline any verbal request to vary the Works until confirmed in writing.

9. SUBCONTRACTORS

9.1. The Client acknowledges and agrees that the Contractor may engage licensed subcontractors to carry out part or all of the Works. The Contractor remains responsible for the quality and management of all subcontracted work in accordance with this Contract.

9.2. The Client shall not engage or direct the Contractor’s subcontractors independently or separately during the course of the Works without the prior written consent of the Contractor.

10. CLIENT-SUPPLIED MATERIALS

10.1. Where the Client elects to supply any materials, fixtures, fittings, or equipment for incorporation into the Works, the Contractor accepts no liability for:

(a) defects in those materials or their fitness for purpose;

(b) delays caused by late or incorrect delivery of those materials; or

10.2. Any additional labour required to address issues with client-supplied materials will be charged as a Variation in accordance with clause 8.

11. TITLE, RISK AND PROTECTION OF WORKS

11.1. Risk in all materials and goods supplied under this Contract passes to the Client upon delivery of those materials to the site.

11.2. Ownership (title) of materials and goods shall not pass to the Client until the Contractor has received payment in full for all amounts owing under the Contract.

11.3. Until full payment is received, the Contractor reserves the right to enter the site and reclaim any materials that have not been paid for, provided they have not been permanently affixed to the structure in a manner that would cause damage upon removal.

11.4. Protection of Finished Works: The Contractor is not liable for any damage to the Works that occurs after the Contractor has completed a specific stage of the Works, where such damage is caused by the Client, other tradespeople, the movement of furniture, or any third party. This includes but is not limited to: scratches, dents, or marks to painted surfaces or joinery; damage to waterproofing membranes caused by foot traffic; and damage to installed sanitaryware, tiles, or fixtures. Rectification of such damage will be charged as a Variation.

12. SUSPENSION OF WORKS

12.1. The Contractor may suspend the Works by providing written notice to the Client if:

(a) the Client fails to make a progress payment by the due date;

(b) the Client fails to provide required approvals, access, or decisions that prevent the Works from proceeding; or

12.2. Suspension under this clause shall not constitute a breach of Contract by the Contractor. Any costs or losses incurred by the Contractor as a result of the suspension (including remobilisation costs) shall be recoverable from the Client as a Variation.

12.3. Works will resume within a reasonable timeframe after the relevant issue has been resolved and any outstanding payments have been received.

13. EXTENSION OF TIME (EOT)

13.1. The Contractor shall be entitled to a reasonable extension of the completion date if the Works are delayed by events beyond the Contractor’s reasonable control, including but not limited to: inclement weather, industry-wide material shortages, supply chain delays, strikes or industrial action, delays caused by the Client (including failure to make selections, failure to provide access, or delay in obtaining approvals), or discovery of latent conditions.

13.2. The Contractor will notify the Client in writing of any anticipated delay and the likely impact on the completion date as soon as practicable after becoming aware of the delay.

14. FORCE MAJEURE

14.1. Neither party shall be liable for any delay or failure to perform their obligations under this Contract arising from a Force Majeure Event, being any event beyond that party’s reasonable control including but not limited to: natural disaster, pandemic, act of government, war, civil unrest, or prolonged material or labour unavailability.

14.2. If a Force Majeure Event continues for a period of thirty (30) days or more, either party may terminate the Contract by providing written notice to the other party. In such event, the Client shall pay the Contractor for all Works completed and materials procured up to the date of termination, and neither party shall have any further liability to the other.

15. TERMINATION

15.1. By Contractor: The Contractor may terminate this Contract by providing written notice to the Client if the Client:

(a) fails to pay any progress payment within seven (7) days of the due date and has not remedied that failure within three (3) business days of receiving written notice from the Contractor;

(b) persistently fails to provide access to the site;

(d) otherwise commits a material breach of this Contract that remains unremedied ten (10) business days after written notice.

15.2. By Client: The Client may terminate this Contract if the Contractor fails to remedy a substantial breach of this Contract within ten (10) business days of receiving written notice specifying the breach in reasonable detail.

15.3. On termination by the Contractor under clause 15.1, the Client shall pay the Contractor for all Works completed, materials procured, and reasonable costs associated with demobilisation up to the date of termination. The Contractor shall be entitled to retain the deposit and any progress payments already received.

15.4. On termination by the Client under clause 15.2, the Client shall pay the Contractor the reasonable value of all Works completed and materials procured to the date of termination, less any amounts already paid.

16. DEFECTS LIABILITY PERIOD

16.1. The Contractor warrants that upon Practical Completion, the Works will be free from defects that are the result of faulty workmanship or materials supplied by the Contractor.

16.2. During the Defects Liability Period of twelve (12) months from Practical Completion, the Contractor will rectify any genuine defects in the Works arising from faulty workmanship or materials at no additional cost to the Client, provided that:

(a) the Client notifies the Contractor of the defect in writing promptly upon discovery;

(b) the defect has not arisen from fair wear and tear, misuse, neglect, or damage caused by the Client or a third party; and

16.3. The Defects Liability Period does not limit the Client’s rights under the statutory warranties provided under the QBCC Act 1991.

17. STATUTORY WARRANTIES

17.1. To the extent required by the Queensland Building and Construction Commission Act 1991 and the Queensland Building and Construction Commission Regulation, the Contractor warrants that the Works will be:

(a) carried out in an appropriate and skilful way, with proper care and skill;

(b) carried out using materials that are good and suitable for the purpose for which they are used;

(d) fit for the purpose for which they are intended (where the Client has made such purpose known to the Contractor).

18. LIMITATION OF LIABILITY

18.1. To the maximum extent permitted by law, the Contractor’s total liability to the Client under or in connection with this Contract shall not exceed the total Price paid by the Client under this Contract.

18.2. To the maximum extent permitted by law, the Contractor shall not be liable for any indirect, consequential, special, or incidental loss or damage suffered by the Client, including but not limited to: loss of rental income, loss of profits, additional accommodation or relocation costs, loss of use of the property, or loss arising from delays caused by third parties or latent conditions.

18.3. Nothing in this clause limits any rights the Client may have under the Australian Consumer Law or the QBCC Act 1991 that cannot be excluded by agreement.

19. PHOTOGRAPHY AND MARKETING

19.1. The Client grants the Contractor a non-exclusive, royalty-free licence to photograph and/or film the Works (including during construction and upon completion) for the purposes of marketing, advertising, portfolio display, social media, and award submissions.

19.2. The Contractor will take reasonable steps to ensure that images do not identify the property address or any personal items belonging to the Client without the Client’s prior consent.

19.3. If the Client does not wish to grant this licence, the Client must notify the Contractor in writing at the time of accepting this Contract.

20. PRIVACY

20.1. The Contractor will handle all personal information collected from the Client in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles, where applicable. Personal information will only be used for the purposes of delivering the Works, communicating with the Client, and meeting the Contractor’s legal obligations.

20.2. The Contractor will not disclose the Client’s personal information to third parties except as required to perform the Works (e.g., sharing details with subcontractors or suppliers) or as required by law.

21. DISPUTE RESOLUTION

21.1. If a dispute arises out of or in connection with this Contract, both parties agree to attempt to resolve the matter amicably through direct written negotiation within fourteen (14) days of the dispute being raised.

21.2. If the dispute cannot be resolved by direct negotiation, either party may refer the matter to the Queensland Building and Construction Commission (QBCC) for mediation, conciliation, or direction.

21.3. For minor disputes involving amounts within the jurisdictional limit of the Queensland Civil and Administrative Tribunal (QCAT), either party may elect to refer the matter to QCAT as an alternative to QBCC resolution.

21.4. Neither party may commence legal proceedings (other than for urgent interlocutory relief) without first completing the steps in clauses 21.1 and 21.2.

22. GOVERNING LAW

22.1. These Terms and Conditions and the Contract are governed by the laws of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Queensland.

22.2. These Terms and Conditions are to be read in conjunction with, and subject to, the Queensland Building and Construction Commission Act 1991, the Building Act 1975 (Qld), and the Australian Consumer Law, as applicable.

23. GENERAL

23.1. Entire Agreement: This Contract (including these Terms and Conditions, the Quotation, and any Variation Documents) constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, or agreements relating to the Works.

23.2. Severability: If any provision of these Terms and Conditions is found to be invalid, unenforceable, or illegal, that provision shall be severed from the Contract and the remaining provisions shall continue in full force and effect.

23.3. Waiver: A party’s failure to enforce any provision of this Contract at any time shall not be construed as a waiver of that party’s right to enforce that or any other provision in the future.

23.4. Notices: Any written notice required under this Contract may be delivered by hand, post, or email to the addresses listed on the Quotation. Notices sent by email are deemed received on the next business day after sending.

23.5. Amendment: These Terms and Conditions may only be amended by written agreement signed by both parties.

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