4.5.19.7 Manage the builder
Within three business days of receiving the signed Capital Services Agreement, the Agent must instruct the BPM Building Project Manager that modifications can commence.
Building contract
A residential Building Contract must be signed for all modifications over $10,000, in accordance with the Domestic Building Contracts Act 1995 and Domestic Building Contracts Regulations 2017. This contract is between the builder and the home owner and does not involve the Agent.
This contract covers issues of builder’s insurance, warranty for workmanship and how to make claims if issues occur. It is imperative that all home owners sign this contract before works begin.
It is the responsibility of the BPM to ensure that the correct information is provided and to oversee the contract signing.
The BPM will arrange for the building works to commence within 20 business days of the Capital Services Agreement receipt or on other agreed timelines.
The BPM will notify the Agent in writing that the building contract has been signed and will provide monthly reports on the progress of the modifications.
Variation or additional work
At any time in the home modifications process, the Agent may receive variation or additional work requests from the BPM.
If received, the Agent needs to consider the following:
- if the request directly impacts the worker’s function – whether the occupational therapist has been notified and involved in the change to the home modifications
- is the request for variation to the overall modifications or a variation in price only.
The Agent should contact the BPM if there is no clear explanation for the cost variation.
Modifications must comply with Australian standards and/or building regulations. WorkSafe is unable to pay for modifications that are non-compliant, regardless of whether the worker and/or the occupational therapist approves of the works.
If the variation or additional work request is reasonable, send approval letter to the worker and BPM.
If the variation or additional work request is not reasonable, send standard denial letter to the worker.
Final inspection summary form
The BPM will organise a meeting with the occupational therapist to complete the final inspection of the worker’s home. The BPM will complete the Home Modifications: Final Inspection Summary Form and submit it to the Agent within 10 business days of practical completion. This form includes a section for the occupational therapist to sign confirming that the home modifications are appropriate. If the occupational therapist believes the modifications are not appropriate, the BPM will ask them to submit a report to the Agent with their recommendations.
The Agent is unable to make final payment to the builder until the Home Modifications: Final Inspection Summary Form is received.
When all modification works have been completed, the Agent must advise the worker and/or family that:
- all works have been completed satisfactorily
- all payments have been made and
- if they have future issues relating to building workmanship, they will need to discuss it with the builder directly.
The worker is responsible for normal home maintenance and repairs.
The Agent is not responsible for engaging builders directly and any poor workmanship, maintenance or repairs issues need to be taken up by the home owner with the builder directly.
If a worker has concerns regarding workmanship, maintenance or repairs, they should follow the Residential Building Contract information on dispute resolution and/or contact the builder directly and seek repairs to the home modifications that are not up to the standard.
If this does not resolve the issue, the worker should contact the Agent. The Agent may, in this case, request the BPM who managed the home modifications to follow up the matters on behalf of the worker.
4.5.19.8 Provider registration & payments
Payment for any modification to a home or suitable alternative will require provider registration.
The Agent must forward a copy of the invoice, the OT Occupational therapy is a client-centred health profession concerned with promoting health and well being through occupation. The primary goal of occupational therapy is to enable people to participate in the activities of everyday life. Occupational therapists achieve this outcome by working with people and communities to enhance their ability to engage in the occupations they want to, need to or are expected to do or by modifying the occupation or the environment to better support their occupational engagement . assessment/s, the decision letter and the signed Capital Services Agreement to the Provider Registration Unit at WorkSafe.
Progress payments
The Agent should consider making progress payments for the works to the provider in stages, for example:
- frame – 33%
- lockup – 33%
- on completion – 34% (including a certificate of occupancy is required).