Terms & Conditions

1. Agreement to Terms & Scope of Application

These Terms and Conditions ("Terms") govern your use of the website trajcon.com.au and outline the preliminary framework under which Trajcon Builders & Developers Pty Ltd ("Trajcon", "we", "us", or "our") provides pre-construction consulting, feasibility assessments, custom residential home building, knockdown rebuilds, architectural renovations, and multi-unit development services across Melbourne and Victoria.

By accessing our website, requesting a consultation, or engaging our building services, you agree to be bound by these Terms, our Privacy Policy, and any executed formal construction contract. If you do not agree to these Terms, you must discontinue using our website and services immediately.

2. Building Practitioner Registration & Licences

All building works undertaken by Trajcon are executed under strict regulatory compliance with Victorian construction law. Trajcon Builders & Developers Pty Ltd is fully registered and licensed with the Victorian Building Authority (VBA):

• Commercial Builder Registration: CDB-U 52504 (Commercial Builder Unlimited)
• Domestic Builder Registration: CDB-L 75865 (Domestic Builder Limited / Unlimited scope of works)
• Director / Nominated Practitioner: Kris Trajkovski

Trajcon maintains active memberships with recognized Victorian building associations (Master Builders Association of Victoria - MBV, and the Housing Industry Association - HIA) and adheres to their strict professional Codes of Ethics.

3. Pre-Construction Services & Preliminary Agreements

Prior to signing a major domestic building contract, Trajcon may offer pre-construction consulting, preliminary cost estimation, site feasibility studies, soil test procurement, and town planning reviews:

• Preliminary Work Agreements: Any preliminary design, engineering review, or statutory permit liaison involving third-party consultant fees will be governed by a separate written Preliminary Agreement detailing fee schedules and agreed scopes of work.
• Estimates vs. Fixed Quotations: Any preliminary cost indicators or feasibility budgetary ranges provided prior to complete architectural documentation, engineering engineering computations, and soil reports are non-binding estimates only. Formal fixed-price tenders are issued only upon finalization of comprehensive construction drawings and specifications.

4. Major Domestic Building Contracts

For all residential construction works with a contract price exceeding $10,000, Trajcon enters into a formal written Victorian major domestic building contract (standard Master Builders Victoria or HIA contract) in accordance with Section 31 of the Domestic Building Contracts Act 1995 (Vic):

• Contract Precedence: In the event of any inconsistency between these website Terms and the executed major domestic building contract, the terms of the executed building contract shall strictly prevail.
• Statutory Cooling-Off Period: Clients entering into a domestic building contract in Victoria have a statutory cooling-off period of five (5) clear business days after signing, during which they may terminate the contract in writing in accordance with Section 34 of the Act.
• Approved Plans & Permits: Construction works will not commence until all necessary Building Permits, town planning approvals, and asset protection permits are granted by the relevant statutory authorities.

5. Contract Sum, Statutory Deposits & Progress Payments

All project financial transactions and billing milestones comply strictly with Victorian statutory requirements:

Deposit Limits & Statutory Stages

Under Section 11 of the Domestic Building Contracts Act 1995 (Vic), the maximum deposit payable prior to commencing building work is:

• 5% of the contract price for contracts valued at $20,000 or more.
• 10% of the contract price for contracts valued under $20,000.

Progress payments are claimed strictly at the completion of defined statutory construction stages (Base/Slab Stage, Frame Stage, Lock-Up Stage, Fixing Stage, and Practical Completion Stage), or as customized in writing in accordance with Form 1 of the Regulations.

Payment Terms & Suspension of Works

Progress claims must be paid within the contractual timeframe specified in the building contract (typically 5 to 7 business days from invoice receipt). Failure to make timely progress payments constitutes a substantial breach of contract, entitling the builder to charge contractual interest on overdue amounts or suspend on-site building works until full payment is cleared.

6. Contract Variations & Prime Cost / Provisional Sums

Any changes to approved architectural plans, engineering schedules, or material selections must be executed through written contractual variations:

• Written Variation Notices: In compliance with Section 37 and 38 of the Domestic Building Contracts Act 1995 (Vic), no variation will be carried out without a written variation notice signed by both client and builder detailing the exact scope change, price impact, and any necessary extension of time.
• Prime Cost (PC) & Provisional Sum (PS) Allowances: Where specific appliances, tapware, or complex groundworks cannot be fully priced at contract signing, reasonable allowances are included. Actual costs are reconciled against invoices upon procurement, with credits or surcharges applied strictly in accordance with contract terms.

7. Statutory Warranties, Insurance & Defect Rectification

Trajcon provides full statutory and insurance protections under Victorian legislation:

VMIA Domestic Building Insurance (DBI)

For all domestic building projects exceeding $16,000 in value, Trajcon procures mandatory Domestic Building Insurance through the Victorian Managed Insurance Authority (VMIA) and delivers the certificate of insurance to the client prior to accepting any deposit payment.

Section 8 Statutory Warranties

Trajcon warrants that all works will be carried out in a proper and workmanlike manner, in accordance with approved plans and specifications, using good and suitable materials, and in compliance with the National Construction Code (NCC) and all applicable Victorian statutory building laws.

Statutory Warranty & Defect Liability Periods

• 10-Year Structural Liability: Structural elements of the building are backed by a 10-year statutory liability period under the Building Act 1993 (Vic).
• Defects Liability Period: Following Practical Completion, Trajcon provides a formal defect rectification period (typically 3 to 12 months as defined in the contract) to attend to minor shrinkage cracks, door adjustments, and non-structural settlement items.

8. Client Responsibilities & Site Access Protocols

Successful residential construction requires transparent collaboration and mutual obligations:

OH&S Controlled Workplace

Under Victorian Occupational Health and Safety (OH&S) legislation, the construction site is a legally controlled workplace under the management of Trajcon as the principal contractor. For safety and insurance reasons, clients and their family members must not access the site unattended. All site inspections must be scheduled in advance and accompanied by our licensed site supervisor wearing approved Personal Protective Equipment (PPE).

Client Supply & Information Obligations

Clients agree to provide prompt responses to material selection requests, ensure adequate financing funds are available for progress claims, and promptly furnish any title documentation, sewer diagrams, or utility easement details required for municipal building approvals.

9. Delays, Extension of Time (EOT) & Force Majeure

While Trajcon prides itself on rapid delivery (frequently completing luxury homes months ahead of contract schedules), construction programs may occasionally be impacted by factors outside our reasonable control:

• Inclement weather conditions (excessive rain, severe wind, extreme heat exceeding safe working thresholds).
• Municipal council or private building certifier approval delays.
• Supply chain disruptions or manufacturer lead times for imported specialist materials.
• Client-requested design variations or delayed finish selections.

In such circumstances, Trajcon will issue a formal written Extension of Time (EOT) notice in accordance with contract terms, detailing the reason for delay and the adjusted completion date.

10. Intellectual Property & Website Content

All materials published on trajcon.com.au, including project photographs, showcase videos, floor plan graphics, text content, logos, branding, and technical guides, are the exclusive intellectual property of Trajcon Builders & Developers Pty Ltd and are protected under Australian and international copyright laws.

You may not copy, reproduce, distribute, display, or create derivative works from any content on this website without our prior written consent. Where architectural drawings are provided by client-appointed architects, copyright remains with the original author, and Trajcon retains constructability and photographic rights of the completed built form.

11. Dispute Resolution, DBDRV & Governing Law

Trajcon is committed to transparent communication and proactive dispute resolution:

DBDRV & VCAT Recourse

In the rare event of a disagreement arising under a domestic building contract, both parties agree to first engage in good-faith discussions to achieve an amicable outcome. If a dispute cannot be resolved directly, parties must refer the matter to Domestic Building Dispute Resolution Victoria (DBDRV) for free conciliation prior to commencing proceedings in the Victorian Civil and Administrative Tribunal (VCAT) or any court.

Governing Law

These Terms and any building contracts entered into with Trajcon are governed by and construed in accordance with the laws of the State of Victoria, Australia, and both parties submit to the exclusive jurisdiction of the courts of Victoria and the VCAT Building List.

12. Contact Information & Formal Notices