If you signed a 101 Residential WA HBCA Lump Sum Building Contract (Building Contract) between the period October 2014 to August 2017, your contract has been amended.
The Australian Competition and Consumer Commission (ACCC) has raised concerns with 101 Residential regarding Annexure ‘A’ of the Building Contract including that:
- clause 1, titled “Non-disparagement of Offending Material” (Non-disparagement clauses) may be unfair contract terms;
- clause 8, titled “Extent of Builder’s Liability” (Liability clause) may be a false or misleading representation concerning the existence, exclusion or effect of your consumer guarantee rights under the Australian Consumer Law; and
- under the title ‘Annexure A’ it states, “Based on form 16J – WA HBCA Lump Sum Building Contract” (the Statement). This Statement may be a false or misleading representation that Annexure ‘A’ is an approved Housing Industry Association (HIA) form when this is not the case.
101 Residential has provided an undertaking to the ACCC and as such, the Non-disparagement clauses and the Liability clause from Annexure ‘A’ of your Building Contract are now void and will not be enforced against you for any reason.
If you have any concerns regarding this corrective notice and your Building Contract, please contact us on 08 9208 9100.