Oakview Building and Construction Pty Ltd · ABN 81 701 551 206 Perth, Western Australia · ceo@oakviewbuildingandconstruction.site

Terms of Service

Oakview Building and Construction Pty Ltd · ABN 81 701 551 206 · Perth, Western Australia

Last updated: January 2025

1. Introduction

This website, oakviewbuildingandconstruction.site, is operated by Oakview Building and Construction Pty Ltd (ABN 81 701 551 206) (“Oakview”, “we”, “us” or “our”). We provide building and construction services across Perth, Western Australia, including residential construction, renovations, extensions, and associated project management services.

These Terms of Service (“Terms”) govern your access to and use of our website and any enquiries, quotations or engagement of our services arising from it. By using this website or engaging our services, you agree to be bound by these Terms.

2. Acceptance of These Terms

By accessing, browsing or using this website, submitting an enquiry, or requesting a quotation, you confirm that you have read, understood and accepted these Terms. If you do not agree with any part of these Terms, please do not use this website or our services.

Specific works we carry out for you will be governed by a separate written building contract, which will set out the scope of works, contract price, timelines and other project-specific conditions. Where a written building contract exists, its terms prevail over these Terms to the extent of any inconsistency, except where these Terms are required by law to apply.

3. Our Services

Oakview provides building and construction services, including but not limited to:

  • Residential new home construction;
  • Home renovations and extensions;
  • Outdoor structures, patios and alfresco areas;
  • Repairs, maintenance and rectification works; and
  • Project management and building consultancy services.

The description of services on this website is general in nature and does not constitute an offer to carry out any particular works. All services are subject to availability, site conditions, and the terms of a formal written agreement.

4. Quotes, Estimates and Pricing

Quotations and estimates provided by us are based on the information available at the time of preparation, including drawings, specifications, site inspections and your stated requirements.

  • Quotations are valid for the period stated on the quotation (unless otherwise specified, 30 days from the date of issue).
  • Prices are quoted in Australian dollars (AUD) and may be subject to GST where applicable.
  • Estimates are indicative only and are not a fixed price unless expressly stated in writing.
  • Quotations may be revised if the scope of works changes, if unforeseen site conditions are encountered, if statutory requirements change, or if the cost of materials or labour materially increases before a contract is executed.
  • Acceptance of a quotation occurs only upon execution of a written building contract or written confirmation by both parties.

To request a quotation, please use our quote request form.

5. Building Contracts and Variations

All building and construction works will be carried out under a written contract signed by both parties. The contract will set out, among other things, the scope of works, contract price, progress payment schedule, commencement and completion timeframes, warranties and dispute resolution procedures.

Any change to the agreed scope of works (a “variation”) must be documented in writing and signed by both parties before the varied works are undertaken, in accordance with the Home Building Contracts Act 1991 (WA) and applicable legislation. We will not commence variations without your written authorisation, except where required to rectify defective works or comply with statutory obligations.

6. Payment Terms

  • Progress payments are claimed in accordance with the payment schedule set out in your building contract and must be paid by the due date stated on our invoice or claim.
  • We may charge interest on overdue amounts at the rate specified in your contract, and we may suspend works where payment is overdue, to the extent permitted by law and the contract.
  • Deposits are limited to the maximum percentages permitted under Western Australian law for the relevant contract value.
  • You must not withhold payment except where you have a genuine and substantiated basis to do so under the contract or applicable law.
  • Title to materials and goods supplied may be retained by us until all amounts owing have been paid in full, to the extent permitted by law.

7. Your Rights Under Australian Consumer Law

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

Under the Australian Consumer Law, our services come with guarantees that cannot be excluded, including that services will be rendered with due care and skill, will be reasonably fit for purpose, and will be supplied within a reasonable time. You may be entitled to a remedy for failure to comply with these guarantees.

Our goods and services may also come with additional warranties set out in your written building contract. These warranties are in addition to, and do not limit, your rights under the Australian Consumer Law. Statutory warranty periods under the Home Building Contracts Act 1991 (WA) apply to building works carried out by us.

To make a warranty or guarantee claim, please contact us at ceo@oakviewbuildingandconstruction.site with details of the issue and supporting evidence where available.

8. Site Access, Safety and Responsibilities

Where works are carried out at your property, you agree to:

  • Provide safe, reasonable and timely access to the site, including vehicular access where required;
  • Ensure the site is free of hazards to the extent within your control;
  • Obtain any owner-side approvals required, such as strata or body corporate consent, where applicable;
  • Notify us of any known hazards, including asbestos, underground services or structural defects, before works commence;
  • Keep children, pets and visitors clear of active work zones for their own safety; and
  • Cooperate with us in complying with Work Health and Safety obligations applicable to the site.

We reserve the right to suspend or delay works where access is not provided, where site conditions present a safety risk, or where continuation would breach applicable safety laws. Delays arising from these circumstances may affect project timeframes and costs, as set out in your contract.

9. Insurance and Licensing

Oakview maintains the insurance cover required to lawfully carry out building and construction works in Western Australia, including home indemnity insurance where required under the Home Building Contracts Act 1991 (WA) for the relevant contract value. Copies of relevant certificates will be provided with your contract documentation.

Details of our current registrations, licences and insurance can be provided on request by emailing ceo@oakviewbuildingandconstruction.site.

10. Limitation of Liability

To the maximum extent permitted by law:

  • Our liability for any claim arising from the services is limited, at our option, to the resupply of the services or the cost of having the services supplied again, except where such limitation is not permitted under the Australian Consumer Law;
  • We are not liable for indirect or consequential loss, including loss of profits or loss of enjoyment of the property, except where such exclusion is not permitted by law;
  • We are not liable for delays or failures to perform caused by events beyond our reasonable control, including severe weather, industrial action, supply chain disruptions, pandemics or acts of government;
  • We are not responsible for the condition, suitability or structural integrity of existing structures, services or ground conditions, unless expressly identified in the contract scope; and
  • Any liability we may have is limited in aggregate to the contract price for the relevant works, except where a greater liability cannot lawfully be excluded.

These limitations do not apply to the extent of any liability arising from our negligence, fraud, wilful misconduct or breach of non-excludable statutory guarantees.

11. Intellectual Property

All content on this website, including text, graphics, logos, photographs and design, is the property of Oakview or its licensors and is protected by Australian and international copyright laws. You may not reproduce, distribute or use any content from this website for commercial purposes without our prior written consent.

Plans, drawings, specifications, schedules and design documents prepared by us remain our intellectual property unless expressly assigned to you in writing. You may not use, reproduce or provide these documents to third parties for the purpose of obtaining alternative quotations without our written consent.

12. Privacy

We handle personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy. By using this website or engaging our services, you consent to the collection, use and disclosure of your personal information as described in our Privacy Policy.

13. Dispute Resolution

If a dispute arises in connection with our services or these Terms, we encourage you to contact us first so the matter can be discussed and resolved promptly. Please send written notice of any dispute to ceo@oakviewbuildingandconstruction.site, setting out the nature of the issue and the outcome you seek.

Both parties agree to negotiate in good faith for a period of no less than 28 days from written notice of a dispute before commencing formal proceedings, except where urgent relief is required. Building disputes in Western Australia may also be referred to the State Administrative Tribunal (SAT) or resolved through other statutory processes under the Home Building Contracts Act 1991 (WA).

14. Governing Law

These Terms and any engagement of our services are governed by the laws of Western Australia and the Commonwealth of Australia. The parties submit to the jurisdiction of the courts and tribunals of Western Australia.

15. Changes to These Terms

We may update these Terms from time to time to reflect changes in our business, services or applicable law. The current version will always be published on this page with the date of the most recent revision. Continued use of this website after changes are published constitutes acceptance of the updated Terms. Where you have an executed building contract with us, changes to these Terms will not affect the terms of that contract.

16. Contact Us

If you have any questions about these Terms of Service, please contact us:

Ready to discuss your project? Request a free quote or learn more about Oakview.