Terms of Service

Last updated: 1 July 2025. These terms apply to the construction and building services supplied by Counterweight Construction Pty Ltd (ABN 82 702 615 183) throughout Melbourne VIC and greater Victoria.

1. About these terms

These terms set out the standard conditions on which Counterweight Construction Pty Ltd (ABN 82 702 615 183) provides building and construction services. They apply together with any signed contract, quotation or works authorisation for your specific project. Where there is any inconsistency between these terms and a signed contract, the signed contract prevails to the extent of the inconsistency.

Nothing in these terms excludes, restricts or modifies any rights you have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded.

2. Quotes and estimates

• Quotes provided by us are valid for the period stated in the quote, or 30 days if no period is stated.
• Quotes are based on the information you provide, our site inspection (where one is carried out) and conditions known to us at the time of quoting.
• Estimates and indicative pricing are not binding offers and may change once the full scope of works and site conditions are confirmed.
• Unless otherwise stated in writing, quoted amounts are inclusive of GST.
• A quote does not constitute approval to commence work. Work commences only after a contract or works authorisation is signed and any required deposit is paid.

3. Contracts and scope of works

The scope of works, contract price, timeframes, payment stages and other project-specific conditions will be set out in the contract or works authorisation signed for your project. For domestic building work carried out in Victoria, we comply with the Domestic Building Contracts Act 1995 (Vic) and the Building Act 1993 (Vic), including requirements for written contracts, warranties and insurance where applicable.

We hold all licences and registrations required by law for the building work we carry out. We will carry out the works in a proper and workmanlike manner, with due care and skill, and in accordance with the plans, specifications and relevant Australian Standards.

4. Variations

• Any change to the scope of works must be agreed in writing as a variation before the changed work is carried out.
• Variations will state the change in price (or confirm no change in price) and any change to the completion timeframe.
• Verbal requests for extra work may be declined unless confirmed in writing, and we are not liable for delays caused by waiting for written confirmation of variations.

5. Payment terms

• Unless your contract states otherwise, invoices are payable within 7 days of the date of the invoice.
• Progress payments become due at the stages set out in your contract and must not exceed the amounts and stages permitted under the Domestic Building Contracts Act 1995 (Vic).
• Any deposit we request will not exceed the maximum percentage permitted under that Act for the contract price.
• Overdue amounts may, to the extent permitted by law, attract interest and reasonable recovery costs, including debt collection costs.
• You must not withhold payment of undisputed amounts because a disputed item exists. Disputed amounts will be handled under the dispute resolution process in these terms.

6. Statutory warranties and consumer guarantees

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with our services, you are generally entitled to cancel your contract and obtain a refund of the price paid for the services, or compensation for their reduced value. For minor failures, we may choose to remedy the failure within a reasonable time.

For domestic building work in Victoria, the statutory warranties set out in the Domestic Building Contracts Act 1995 (Vic) also apply, including warranties that the work will be carried out in a proper and workmanlike manner, with due care and skill, using materials that are good and suitable for the purpose, and completed by the date (or within the period) specified in the contract. Cooling-off rights may apply to domestic building contracts as set out in that Act.

7. Site access, conditions and safety

• You must provide safe, lawful and timely access to the site during agreed working hours.
• You must tell us about any known hazards or site conditions that could affect the works, including asbestos, underground services, unstable ground or heritage restrictions.
• We will comply with applicable work health and safety laws and may suspend work where site conditions are unsafe until they are resolved.
• You are responsible for obtaining and paying for any planning permits, owners corporation approvals or other statutory approvals required for the works, unless your contract states that we will obtain them on your behalf.

8. Delays and extensions of time

We will aim to complete the works within the timeframe in your contract. However, we may claim a reasonable extension of time for events beyond our reasonable control, including adverse weather, delays in supply of materials or trades, variations, site access issues, latent conditions, or delays caused by you or your other consultants or contractors. We will notify you of any extension of time and the reason for it as soon as reasonably practicable.

9. Materials and workmanship

Where the contract specifies particular materials, brands or products, we will supply those items subject to availability. If a specified item becomes unavailable, we will propose a substitute of comparable quality and price and obtain your approval before proceeding. Goods and materials remain our property until paid for in full, to the extent permitted by law.

10. Defects and rectification

• You must notify us in writing of any alleged defect in the works as soon as you become aware of it.
• Where a defect is our responsibility, we will rectify it within a reasonable time at no cost to you, subject to the defect liability period stated in your contract.
• Rectification obligations do not cover fair wear and tear, misuse or neglect, work carried out by others after completion, or changes to the works made without our approval.

11. Insurance and liability

We maintain the insurances required by law for the work we carry out, including public liability insurance and, where applicable, domestic building insurance as required under Victorian law.

To the maximum extent permitted by law and except for liability that cannot lawfully be limited, our total liability arising out of or in connection with the works is limited to the contract price for the affected works, and we are not liable for indirect or consequential loss, including loss of profits, loss of rent or loss of use. Nothing in this clause limits your rights under the Australian Consumer Law or any statutory warranty that cannot be excluded.

12. Suspension and termination

• We may suspend the works where payment is overdue, where required approvals are not obtained, or where site conditions prevent safe or lawful continuation of the works.
• Either party may terminate the contract in accordance with its terms, including for a serious and unremedied breach by the other party.
• On termination, you must pay us for all work properly carried out and all materials properly supplied up to the date of termination, to the extent permitted by law.

13. Intellectual property

All quotations, schedules, drawings, plans and other documents we prepare remain our property unless we agree otherwise in writing. You receive a non-exclusive licence to use those documents for your project, provided all amounts owing to us are paid in full. Documents you supply to us remain your property, and you warrant that you have the right to provide them and that their use in the works will not infringe third-party rights.

14. Privacy

We handle personal information in accordance with our Privacy Policy. By engaging our services, you consent to us collecting, using and disclosing personal information as reasonably necessary to quote for, deliver and administer the works.

15. Dispute resolution

• If a dispute arises, both parties must first try to resolve it by good-faith discussion and negotiation.
• Domestic building disputes may be referred to Domestic Building Dispute Resolution Victoria, and either party may also exercise rights available under Victorian building legislation.
• Nothing in these terms prevents either party from seeking urgent injunctive relief or exercising statutory rights, including under the Building and Construction Industry Security of Payment Act 2002 (Vic).

16. General

• These terms, together with your signed contract, form the entire agreement between the parties in relation to the works.
• We may subcontract parts of the works but remain responsible for the performance of our subcontractors.
• You may not assign your rights under the contract without our written consent. We may assign our rights with written notice to you.
• If any provision of these terms is invalid or unenforceable, it will be read down or severed to the minimum extent necessary, and the remaining provisions will continue in force.
• We may update these terms from time to time. The current version published on this website applies to new engagements from the date of publication.

17. Governing law

These terms and any contract for the works are governed by the laws of the State of Victoria and the Commonwealth of Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and any tribunal with relevant jurisdiction, including the Victorian Civil and Administrative Tribunal where applicable.

18. Contact us

Questions about these terms can be directed to:

Counterweight Construction Pty Ltd
ABN 82 702 615 183
Melbourne VIC
Email: ceo@counterweightconstruction.online
Website: counterweightconstruction.online

See also our Privacy Policy and Get a Quote page. For general enquiries, please use our Contact page.