Terms and Conditions

All quotations provided by Summerley Homes are valid for 30 days from the date of issue unless otherwise stated in writing. A quotation is not a contract and does not constitute an obligation to proceed.

Estimates are indicative only and may vary based on site conditions, council requirements, and final design specifications. A detailed fixed-price contract will be prepared prior to commencement of any work.

Summerley Homes reserves the right to adjust pricing if significant changes occur to material costs or labour rates between quotation and contract execution, with written notice to the client.

A legally binding contract is formed when both parties have signed the building contract and the required deposit has been received. Work will not commence until the contract is fully executed.

All building contracts are prepared in accordance with the Building Work Contractors Act 1995 (SA) and relevant South Australian legislation. Clients should read all contract documents carefully before signing.

Any verbal agreements, representations, or understandings not reflected in the signed contract are not binding on either party.

Any change to the agreed scope of work must be submitted as a written variation request. Summerley Homes will assess the request and provide a variation quotation outlining any changes to cost and schedule.

Work associated with a variation will not commence until the variation is approved in writing by the client and any additional deposit has been received.

Variations may affect the project completion date. Summerley Homes will advise of any schedule impact at the time the variation is quoted.

Payments are made in stages as outlined in the building contract, typically corresponding to key construction milestones: deposit, base stage, frame stage, lock-up stage, fixing stage, and practical completion.

Progress claims are issued within 5 business days of reaching each milestone. Payment is due within 14 days of the claim date unless otherwise agreed in writing.

Late payment may result in suspension of works until outstanding amounts are received. Interest may be charged on overdue amounts at the rate specified in the contract.

All materials used by Summerley Homes will meet or exceed Australian Standards and the National Construction Code (NCC). Where specific products are listed in the contract, substitutions will only be made with written client approval.

If a specified material is unavailable, Summerley Homes will source a comparable alternative and seek client approval before proceeding.

Material selections must be confirmed by the client within the timeframes specified in the contract to avoid delays to the construction schedule.

Practical completion occurs when the building is complete and fit for occupation, even if minor defects remain that do not prevent occupation. A handover inspection will be carried out with the client prior to key handover.

Any items identified at handover inspection will be listed in a defects schedule and rectified within a reasonable timeframe agreed between both parties.

The balance of the contract price is due at practical completion. Occupancy or use of the building prior to final payment does not waive any outstanding amounts.

A defects liability period of 12 months applies from the date of practical completion. During this period, Summerley Homes will rectify any defects that arise due to faulty workmanship or materials at no cost to the client.

The defects liability period does not cover damage caused by the client or third parties, normal wear and tear, or damage resulting from failure to maintain the property.

All defect claims must be submitted in writing. Summerley Homes will assess and respond within 14 business days of receiving a claim.

Summerley Homes provides a statutory warranty under the Building Work Contractors Act 1995 (SA). This includes a warranty that the work will be carried out in a proper and workmanlike manner, that materials will be fit for purpose, and that the building will be fit for occupation.

In addition to statutory warranties, Summerley Homes holds Home Indemnity Insurance (also known as Home Warranty Insurance) on all residential building work over the threshold value as required by South Australian law.

Manufacturer warranties on fixtures, fittings, and appliances are passed through to the client and are subject to the terms of the relevant manufacturer.

In the event of a dispute, both parties agree to attempt to resolve the matter through direct negotiation in the first instance. Written notice of the dispute should be provided to the other party.

If the dispute cannot be resolved through negotiation within 20 business days, either party may refer the matter to the Consumer and Business Services (CBS) SA or seek mediation through an agreed independent mediator.

Nothing in this clause prevents either party from seeking urgent injunctive or other equitable relief from a court of competent jurisdiction.

To the extent permitted by law, Summerley Homes' liability for any claim arising from building works is limited to the value of the contract price for those works.

Summerley Homes is not liable for indirect or consequential loss, including loss of income, rental loss, or costs of alternative accommodation, unless such liability is required by law or expressly provided for in the contract.

Nothing in these terms limits any right the client may have under the Australian Consumer Law or applicable South Australian legislation.

These terms and conditions are governed by the laws of South Australia and the Commonwealth of Australia. Any legal proceedings arising from these terms must be commenced in the courts of South Australia.

These terms are subject to the Building Work Contractors Act 1995 (SA), the National Construction Code, the Australian Consumer Law, and other applicable South Australian legislation.