1. Acceptance of These Terms
By accessing this website, requesting a quote, or engaging Sheoran Construction Pty. Ltd. (“we”, “us”, “our”) to carry out building or construction work, you agree to these Terms of Service. Where we carry out work for you under a signed building contract, the terms of that contract will apply to the work and will prevail over these Terms to the extent of any inconsistency, except where the law does not permit exclusion or modification.
2. Our Services
We provide residential and commercial building and construction services, including new builds, renovations, extensions, fit-outs, repairs and maintenance, throughout Melbourne VIC and surrounding suburbs. The exact scope of any engagement will be described in the written quote and building contract we provide to you before work commences.
3. Quotes and Estimates
- Written quotes are valid for 30 days from the date of issue unless the quote states otherwise.
- Indicative estimates provided before a site inspection are approximate only and are not a fixed price or an offer to carry out work.
- Quotes are based on the information, plans and site conditions known to us at the time of quoting. If latent site conditions, changes in material costs or changes to the scope of work arise, the price may need to be adjusted through a written variation.
- All amounts are in Australian dollars. Whether a quote includes or excludes GST will be clearly stated on the quote.
4. Building Contracts
Before we commence work, we will provide a written contract or works agreement describing the scope of work, the contract price, the payment schedule, the timeframes and each party’s obligations. Where the work is domestic building work carried out in Victoria, our contracts are prepared having regard to the requirements of the Domestic Building Contracts Act 1995 (Vic) and the Building Act 1993 (Vic). You should read the contract carefully and obtain independent legal advice if you wish before signing.
5. Variations
Any change to the scope of work, materials, finishes or price must be agreed in writing as a variation before the changed work is carried out. Variations will state the change in cost and any change to the completion timeframe. We will not carry out major variations without a signed written variation, except where permitted by law or where urgent action is reasonably required to protect people or property, in which case we will confirm the variation in writing as soon as practicable.
6. Deposits and Progress Payments
- Deposits and progress payments will be set out in the payment schedule of your contract.
- For domestic building work in Victoria, any deposit will not exceed the maximum percentage permitted under the Domestic Building Contracts Act 1995 (Vic).
- Invoices are payable within the period stated on the invoice. Overdue amounts may attract interest or recovery costs as permitted by the contract and by law.
- You may not withhold or set off payment except as permitted by the contract or by law.
7. Timeframes, Delays and Extensions of Time
We will carry out the work with due diligence and within the timeframe stipulated in the contract or, if no timeframe is stipulated, within a reasonable time. We may be entitled to a reasonable extension of time for causes beyond our reasonable control, including severe weather, delays in obtaining approvals or supplies, variations requested by you, or site conditions that could not reasonably have been foreseen. We will notify you in writing of any extension of time and the reasons for it.
8. Site Access and Your Responsibilities
- You must provide safe, lawful and timely access to the site during agreed working hours, together with access to power and water where reasonably required.
- You must disclose known hazards on the site, including asbestos, unstable ground or buried services, before work commences.
- Responsibility for obtaining planning permits, building permits, owner’s consent and other approvals will be allocated in your building contract. We will assist with permit processes where we are engaged to do so.
- You must keep the site clear of vehicles, belongings and obstructions to the extent reasonably necessary for the works.
9. Quality, Materials and Statutory Warranties
We stand behind our workmanship. Where the works are domestic building work carried out in Victoria, the statutory warranties under the Domestic Building Contracts Act 1995 (Vic) apply and cannot be excluded. In summary, and subject to the contract, we warrant that the work will be carried out in a proper and workmanlike manner and in accordance with the approved plans and specifications; that all materials supplied will be good and suitable for the purpose for which they are used and, unless otherwise stated, new; and that the work will be carried out with due care and skill and in accordance with relevant building standards and laws.
10. Defective Work and Rectification
If you believe any part of the work is defective or incomplete, please notify us in writing with reasonable detail. We will inspect the work and, where the claim is valid, rectify the defect or complete the outstanding work within a reasonable time. Your rights in relation to defective or incomplete work are in addition to any rights you have under the Australian Consumer Law or under Victorian building legislation.
11. Insurance
We hold the insurances reasonably required for the work we carry out, including public liability insurance and, where required by law for domestic building work in Victoria, domestic building insurance. Details of applicable insurance will be provided with your contract or on request. You are responsible for insuring the property and your own contents where the contract places that responsibility on you.
12. Suspension and Termination
Either party may suspend or terminate an engagement in accordance with the terms of the relevant building contract and applicable legislation. If you terminate the contract without cause, you may be liable to pay the reasonable costs of work carried out, materials ordered for the work and any loss of profit permitted by the contract or by law. Suspension or termination does not affect rights and obligations that have already accrued. Nothing in these Terms limits any termination or other rights you may have under the Australian Consumer Law or under Victorian building legislation.
13. Limitation of Liability
To the fullest extent permitted by law, we are not liable for any indirect, incidental or consequential loss, or for loss of profit, arising from the services or your use of this website. Where liability cannot be excluded, our liability is limited, at our option, to supplying the services again or paying the cost of having the services supplied again, except where such a limitation is not permitted by the Australian Consumer Law or by Victorian building legislation, in which case the statutory remedies apply.
14. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any consumer guarantees, rights or remedies that cannot be excluded, restricted or modified under the Australian Consumer Law, being Schedule 2 of the Competition and Consumer Act 2010 (Cth). Our services come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You may also be entitled to have the services rectified or supplied again if the services fail to meet a consumer guarantee and the failure does not amount to a major failure.
15. Dispute Resolution
If a dispute arises, we ask that you contact us first so we can try to resolve the matter quickly and fairly. Both parties agree to negotiate in good faith before commencing proceedings. For domestic building disputes in Victoria, you may also be able to seek assistance from Domestic Building Dispute Resolution Victoria or the Victorian Building Authority, and disputes may be referred to the Victorian Civil and Administrative Tribunal or a court of competent jurisdiction in Victoria. Nothing in this clause prevents either party from seeking urgent injunctive relief.
16. Use of Our Website
- The content on this website is general information only and is not a substitute for site-specific building advice, a written quote or a signed contract.
- You must not misuse the website, attempt to gain unauthorised access to it, or use it in a way that breaches any law or the rights of any person.
- Images on this website are indicative of the type of work and outcomes we deliver. Actual results depend on your site, plans, budget and selections.
17. Intellectual Property
Plans, drawings, schedules, specifications and other documentation prepared by us or our consultants remain the property of Sheoran Construction Pty. Ltd. or the relevant consultant, subject to any rights you hold under your building contract. You are granted a licence to use that documentation for your project. The text, layout and branding of this website are protected by copyright and must not be reproduced without our written consent.
18. Privacy
We handle personal information in accordance with our Privacy Policy. By engaging us or using this website, you consent to the collection, use and disclosure of your information as described in that policy.
19. Changes to These Terms
We may update these Terms of Service from time to time. The current version will always be published on this page with the date of the latest revision shown at the top. For work governed by a signed building contract, the version of these Terms current when the contract was signed will continue to apply to that work.
20. Governing Law
These Terms of Service and any engagement with Sheoran Construction Pty. Ltd. are governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts and tribunals of Victoria.
21. How to Contact Us
Questions about these Terms, or a copy of these Terms in an alternative format, can be directed to:
Sheoran Construction Pty. Ltd.
ABN 56 703 575 375
Email: ceo@sheoranconstructionltd.online
Melbourne VIC, Australia
Please include your name, the property address and the job reference number (if you have one) so we can respond promptly.