Make Sure You Execute Your Building Contract Properly

You would be surprised how often parties get it wrong and don't execute their contracts properly. If a document is not properly executed as a deed then the limitation period reduces to 6 years, instead of 12 years.

If you intend to execute your building contract, sub-contracts, appointment or any other contracts as deed make sure that you:

1 Sign the full and completed document

1.1 If you have signed a document as a deed, but it is not complete and pages are to be appended or inserted once complete, then you have not signed the same physical document and according to recent case law the deed may be invalid.

1.2 Make sure all of the Contract Documents which form part of the Contract are appended or physically present.

1.3 When the last party has signed, then the Contract can be completed by dating it. Do not date it before it has been signed by all parties.

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