Introduction
These Terms and Conditions ("Agreement") apply to any quotation issued by Constructions by Lucas ("Service Provider") and form the basis of all works undertaken. This Agreement is governed by the laws of Victoria, Australia, including the Australian Consumer Law as applied in Victoria.
These Terms and Conditions remain the property of Constructions by Lucas and are not to be used, reproduced, or amended without written approval.
For enquiries, contact Lucas on 0485 011 171 or enquiries@constructionsbylucas.com.au.
Quotation
The quoted price is based on the agreed scope of works and is an estimate only. Final pricing may vary due to material cost fluctuations, site conditions, or approved variations.
The quoted price excludes unforeseen circumstances or additional works requested after acceptance.
Validity
Quotations are valid for thirty (30) days from the date of issue unless withdrawn earlier.
Prices are based on current supplier rates and may be subject to change due to material availability or supplier delays.
Acceptance & Payment Terms
By accepting this quotation, the customer authorises Constructions by Lucas to proceed with the works as outlined.
A booking fee is required upon acceptance of this quotation to secure project scheduling and to enable ordering of materials, including custom or non-returnable items where applicable. The booking fee amount will be outlined in your individual quotation and complies with applicable Victorian legislation.
This booking fee is then credited toward the total quotation price.
Works will only be scheduled once the booking fee has been received and cleared.
The remaining balance is payable on the day of completion unless otherwise agreed in writing.
Delayed payment beyond seven (7) days of completion may incur a late fee of $50 per day or 5% of the outstanding amount, whichever is greater.
Customer Responsibilities
The customer must provide access to power and water at the worksite for the duration of the project. If not provided, additional costs (including generator hire or delays) may be charged.
Variations & Additional Work
Any changes to the original scope of works must be agreed in writing prior to commencement.
Additional works or materials requested by the customer, or required due to unforeseen site conditions, may result in a variation to price and/or timeframe.
A revised quote or variation notice will be issued for approval.
Cancellation & Booking Fee Retention
If the customer cancels the project after acceptance of the quotation, Constructions by Lucas may retain all or part of the upfront payment to the extent reasonably necessary to cover costs incurred, including booking, scheduling, administration, and materials ordered or supplied.
Any unused portion of the upfront payment will be refunded in accordance with Victorian consumer law.
Materials — Custom & Non-Returnable Items
Where materials are custom-made, cut to size, specially ordered, or non-returnable, the customer acknowledges that these costs may not be recoverable upon cancellation.
Delays & Site Conditions
Constructions by Lucas is not liable for delays caused by weather, restricted access, acts of God, supplier delays, or circumstances beyond reasonable control.
Works may be rescheduled without penalty in such circumstances.
Timber Fencing
Our timber fencing will be hardwood posts unless otherwise requested by the customer. Hardwood offers a long life in the ground compared to any other timber post.
We back ourselves with a 10-year warranty on hardwood posts. Refer to our warranty section for details on how to make an application.
Council Approvals & Compliance
Unless otherwise agreed in writing, the customer is responsible for obtaining any required council approvals, permits, or Dial Before You Dig clearances prior to commencement.
Insurance & Liability
Constructions by Lucas maintains public liability insurance appropriate to the scope of services provided.
We are not liable for loss or damage arising from site conditions, pre-existing defects, or events beyond our control.
Damage caused by negligence on our part will be rectified or compensated as required by law.
Theft & Damage During Construction
Under Victorian law, the property owner is responsible for securing the site and possessions. Once materials are delivered or works commence, the customer must ensure the site is secure.
Constructions by Lucas is not liable for theft, vandalism, or damage to materials, tools, or works-in-progress occurring outside working hours or when the site is unattended.
Any costs arising from inadequate site security may be charged to the customer.
Photography
By accepting this quotation, the customer consents to Constructions by Lucas taking before-and-after photographs of the works for marketing and promotional purposes. No identifying information will be published without consent.
Consumer Guarantees
In accordance with the Australian Consumer Law as applied in Victoria, Constructions by Lucas guarantees that services will be provided with due care and skill, be fit for purpose, and completed within a reasonable time.
Where a statutory cooling-off period applies, the customer acknowledges that cancellation during that period may still permit Constructions by Lucas to recover reasonable costs incurred, as allowed by law.
Workmanship Warranty
Constructions by Lucas provides a twelve (12) month workmanship warranty on all landscaping and construction works (excluding timber fencing), and a ten (10) year workmanship warranty on timber fencing works supplied and installed by Constructions by Lucas.
This warranty excludes damage caused by misuse, neglect, environmental conditions, fair wear and tear, or materials not supplied by Constructions by Lucas.
Dispute Resolution
In the event of a dispute, both parties agree to attempt resolution through good-faith discussion and mediation prior to commencing legal proceedings.
Entire Agreement
This document constitutes the entire agreement between the parties. The quotation will not be considered accepted until Constructions by Lucas has received written acceptance.
Acceptance includes acknowledgment of the deposit, cancellation, materials, and pool fencing provisions contained within these Terms and Conditions, including Schedule A where applicable.