Construction Finance

What Type Of Contracts Are Required?

Quick answer

Most lenders prefer a

Fixed price building contract

with plans, specifications and progress payments clearly set out

  • Preferred contract style Fixed price
  • Common payment method Progress claims
  • Key lender concern Cost certainty
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Construction lenders usually want a signed building contract that clearly sets out the price, scope of works, progress payment stages, plans, specifications, timeframes and builder details. The contract is one of the lender\'s core documents because it helps confirm what is being built, how much it should cost and how funds will be released.

In most standard residential construction finance deals, lenders prefer a fixed price contract rather than a loosely costed arrangement. They may still review other contract types, but the more open ended the pricing structure is, the more cautious the lender usually becomes about valuation, contingencies, borrower contribution and drawdown control.

Detailed explanation

The contract is the document that ties the construction loan together. It shows the lender who is doing the work, what is being built, how the price is calculated, when each payment is due and whether the build cost is reasonably controlled. Without a suitable contract, the lender may not be comfortable approving the loan or releasing progress payments.

Common contract types lenders look at

The acceptable contract structure depends on the lender, the builder and the project

  • 01Fixed price building contract
  • 02Preliminary works agreement
  • 03Cost plus contract
  • 04Construction management agreement
  • 05Owner builder arrangement
  • 06Variation schedule

Lenders usually want:

  • iconsigned contract
  • icondetailed plans and specifications
  • icondefined progress payment stages
  • iconclear variation process

What the contract should cover

A lender usually expects the building contract to include:
  • icon Fixed price or a clearly stated pricing method
  • icon Builder name, licence details and contract parties
  • icon Progress payment stages linked to real building milestones
  • icon Plans, specifications, inclusions and any allowances
  • icon Rules for variations, delays and practical completion
Contract preference
  • Best accepted

    Fixed price
  • Sometimes accepted

    Preliminaries only
  • Higher risk

    Cost plus

How approval works

Lenders review

  • iconsigned fixed price building contract where possible
  • iconbuilder credentials and licence
  • iconapproved plans and specifications
  • iconprogress payment schedule
  • iconallowances, prime cost items and provisional sums
  • iconvariation clauses and completion timing
  • iconborrower income, equity and contingency position

Typical timeframes

  • icon
    Preferred contract
    Fixed price
  • icon
    Progress claims
    Stage based
  • icon
    Higher caution
    Cost plus
  • icon
    Critical support docs
    Plans and specs

Common problems

Contract issues are one of the main reasons construction finance slows down. Problems usually come from unclear pricing, weak documentation or contract terms that give the lender too little certainty.

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Contract is not fixed price

A cost plus or loosely priced contract can make the lender worry about overruns and funding gaps.

Possible solutions include:

  • iconmove to a fixed price contract where possible
  • iconshow stronger contingency funds
  • iconuse extra equity to reduce risk
  • iconchoose a lender comfortable with the structure
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Plans and specifications are incomplete

If inclusions, finishes or scope are vague, the lender may doubt the contract price and the end value.

Possible solutions include:

  • iconfinalise plans before submission
  • iconadd full specifications and inclusions
  • iconreduce provisional sums where possible
  • iconalign the contract with the valuation brief
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Variation and payment terms are weak

Poorly drafted variation clauses or payment schedules can create disputes and interrupt progress drawdowns.

Possible solutions include:

  • iconlink payments to real completed stages
  • icondocument every variation clearly
  • iconavoid large advance payments
  • iconhave the contract reviewed before lodging

Steps to get Finance

Step

01

Choose the builder and settle the contract structure.
Step

02

Prepare plans, specifications and the payment schedule.
Step

03

Check the contract price, allowances and variation terms.
Step

04

Submit the signed contract with builder and borrower documents.
Step

05

The lender reviews the contract, valuation and drawdown structure.
Step

06

Construction funding is released against compliant progress claims.
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Speak with a Construction Finance Specialist

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Construction finance can vary significantly depending on the contract type, builder, price certainty, plans, specifications and the borrower's financial position.

A specialist can review your contract package and help determine which lenders may be able to fund it.

Speak with a finance specialist about your construction contract requirements

Submit the short form below and a construction finance specialist will review your contract structure, builder setup and possible funding options.

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