Before You Sign: Understanding a New Home Construction Contract | Kapish Learning Center
Soft white-gradient premium home construction agreement with pen, blueprints and modern residential homes in the background

Kapish Learning Center

Before You Sign: Understanding a New Home Construction Contract

Deposits, Allowances, Change Orders, Possession Dates and Buyer Protection

The agreement behind your dream home

Know What You're Agreeing To—Before Construction Begins

A new home contract does much more than record a price and a signature. It sets out what you will receive, what you will pay, how changes are managed and what happens when the build does not go exactly to plan.

Whether you are purchasing a builder-planned home, commissioning a semi-custom layout or developing a fully custom home on your own land, unclear wording can create expensive misunderstandings. At the Kapish Learning Center, brought to you by Kapish Homes, our goal is to turn complex homebuilding decisions into practical questions you can ask with confidence.

Alberta's government recommends a written agreement identifying the home, drawings, upgrades, cost breakdown, payments and delivery expectations. It also suggests considering a lawyer's review before signing. This guide explains ten important clauses in everyday language, along with the financial and construction decisions behind them.

Important: A builder's purchase agreement for a home-and-lot package is not necessarily the same as an owner-builder construction contract on land you already own. The legal parties, payment arrangements, title interests and risk allocation can differ. Read the actual document, not just its heading.

Part One — Choose the Pricing Structure

Fixed-Price and Cost-Plus Agreements Are Not the Same

The pricing model changes who carries certain risks and how extra costs are approved. Neither option removes the need for a detailed scope, complete pricing assumptions and clear terms.

Fixed price versus cost plus simplified diagramsTwo project cost boxes, fixed price total and actual costs plus feeFIXED PRICECOST + FEEAgreed scopeActual costsSet amount*+ builder fee*Changes and contract adjustments can change the total
Illustrative contract concept · not to scale
01 · Contract type

Understand how the total is established

Fixed price (or lump sum) means the parties agree on a price for a defined scope. It often makes the initial budget easier to plan, but it is not a promise that the price can never change. Approved upgrades, scope revisions, specified allowances, taxes or expressly defined unforeseen conditions may alter the final amount.

Cost-plus generally means you reimburse documented allowable construction costs, plus a builder fee that may be a fixed amount or percentage. It allows flexibility, but the final total is less certain unless the agreement imposes a meaningful budget cap and cost controls.

Before you sign: For cost-plus, define allowable charges, markups, invoices, audit access and any maximum budget. For fixed-price, define the scope and exactly what can change the price.
Fixed-price model

Clarity of Scope

Best understood as a fixed price for specified work. The more complete the drawings, inclusions and exclusions, the more meaningful the quoted price.

Cost-plus model

Clarity of Costs

Needs detailed records, progress reporting, an agreed management fee and a written process for authorizing costs that exceed the working budget.

Part Two — What Is Actually Included?

The Specification Sheet Matters as Much as the Purchase Price

A contract price is only useful if you can identify what it covers. The attachments should include the legal lot description, floor plans, elevations, site or plot plan, major specifications and agreed upgrades. Every page should refer to the correct home design and current revision.

Look closely at exclusions such as landscaping, deck, window coverings, appliances, driveway, air conditioning, basement development, utility fees or site-related work. Not every builder includes the same items. Clarify whether advertised showhome features are standard or optional.

Confirm whether the contract addresses permits, grading, surveys, warranty enrolment and any site or soil conditions that may affect price. Taxes—including GST—must be clearly identified as included or additional, with any rebate assumptions stated.

Real-world example: Two 2,200 sq. ft. homes can have the same base price, but one includes a finished driveway and appliance package while the other excludes them. The total purchase cost—not the headline number—should guide the comparison.

Part Three — A Visual Contract Walkthrough

Ten Clauses to Find in Your Agreement

This annotated sample is a learning tool, not a legal contract. Real agreements include definitions, schedules and many other clauses. Use the ten callouts as a checklist when reviewing a proposed document with your builder or lawyer.

Kapish Learning Center · Example Only

New Home Agreement — Key Clauses

Not for signature

Fictional, simplified clause descriptions paired with practical questions. No prices, names or dates are represented as actual contract terms.

01
Parties & Property

Buyer and seller/builder legal names; civic address and legal lot description.

In plain English: Confirm exactly which legal entity is responsible and which property is being purchased or built.
02
Drawings & Scope

Floor plans, elevations, specifications and site plan attached as schedules.

In plain English: Require dated, identified versions of drawings; verify lot orientation, finishes and included work.
03
Price & Taxes

Base price plus listed upgrades, deductions and tax treatment.

In plain English: Clarify GST included/extra, items excluded and how the final total is determined.
04
Deposit & Refund

Deposit amount, recipient, receipt, timing, refund rules and default terms.

In plain English: Ask who holds the money, what protects it, and precisely when it can be retained or returned.
05
Allowances

Cabinetry, flooring or lighting allowances and reconciliation process.

In plain English: Ask whether allowances include supply, installation and taxes, and how over/underages are credited.
06
Change Orders

Buyer and builder sign a written description before varied work proceeds.

In plain English: Confirm price difference, credits, schedule impact and any approval required by the lender.
07
Construction Payments

Payments tied to described dates or verifiable construction milestones.

In plain English: Understand evidence of completion, lender draw requirements and what happens on disputes.
08
Completion & Possession

Estimated dates, notice rules, extensions, walkthrough and key release.

In plain English: Identify what constitutes a delay and whether a changed possession date affects remedies.
09
Financing & Conditions

Financing, appraisal, sale-of-home, permit and lawyer-review conditions, if negotiated.

In plain English: List deadlines, waiver requirements, and consequences if a condition is not satisfied.
10
Disputes, Warranty & Default

Notice steps, cure opportunities, mediation or court terms, termination and warranty documents.

In plain English: Understand complaint procedures, payment-default consequences and available protections.
Educational illustration only. Your signed contract and its exhibits control your project; this sample does not amend, interpret or replace those documents.

Part Four — Where the Money Goes

Deposits, Progress Payments and Construction Milestones

Construction payment milestone conceptA series of steps from deposit and foundation to framing, substantial completion and closingDepositFoundationFramingNear finishClosingPayment dates and triggers must be defined in the contract
Illustrative contract concept · not to scale
02 · Payment schedule

Know both the amount and the trigger

Deposits are often due when the agreement is accepted, but the buyer should know who receives the funds, whether a receipt is issued and exactly when the deposit is refundable, forfeited or applied toward the purchase. Do not assume a cooling-off period or automatic refund exists.

Progress payments may be tied to stages such as foundation, framing or substantial completion; others are calendar-based or due at legal closing. The schedule should say what evidence is required, how mortgage draws will be coordinated and what happens if work is disputed or delayed.

Deposit protection is separate from the mandatory new-home construction-defect warranty. Ask whether deposit or completion insurance applies, the limits, exclusions and who the insurer is.

Before you sign: Get the payment calendar, receipt/refund terms, financing draw process and any statutory holdback or lien requirements reviewed for this specific arrangement.
Alberta legal context: The Prompt Payment and Construction Lien Act may affect payment, holdback and lien rights in applicable construction contracts. Its operation depends on the parties and contract structure; a lawyer should explain how it affects your deposit, draws and final payment.

Part Five — The Budget That Can Change

Allowances: What Is Budgeted May Not Be What You Select

Allowance versus final selected costA vertical bar for budgeted allowance and taller bar for selected actual expenseALLOWANCESELECTED COSTDIFFERENCE = ADJUSTMENTBudgetActual
Illustrative contract concept · not to scale
03 · Budget allowances

Know how overages and savings are reconciled

An allowance is a designated amount toward an item not fully selected or priced when the contract is signed. Common examples include cabinetry, flooring, countertops, lighting and plumbing fixtures. It may cover materials only—or supply and installation—depending on the agreement.

If your final selection costs more than the stated allowance, you may owe the difference, potentially with taxes or agreed fees. If it costs less, find out whether you receive a full credit, partial credit or no refund. The contract should explain the calculation.

Before you sign: Request allowances by item, amount, quantity, installation scope, tax treatment and selection deadline. Ask to see realistic supplier selections at the allowed level.

For example, a $7,000 countertop allowance is not a promise that every quartz option fits the budget. Slab choice, fabrication, edge profile, sinks, backsplash and labour all influence the final installed price.

Part Six — Controlling Changes

A Verbal Upgrade Request Is Not a Change Order

Buyers naturally refine plans during construction. But changing a staircase, moving windows, enlarging an island or adding pot lights can involve design revisions, additional materials and trade coordination.

A written change order should describe the requested work, the amount added or credited, GST treatment if applicable, and the effect on completion dates. Both parties should approve it before the changed work proceeds. If financing is involved, some changes may also require the lender's consent.

Avoid assuming a conversation, text message or site visit has formally updated the agreement. Keep a current schedule of signed change orders and a revised running total.

Example: “Add three extra windows” is incomplete. The written order should identify window sizes, locations, specifications, framing or engineering implications, installed price and any delivery delay.

Part Seven — Dates and Delivery

Possession Dates, Construction Delays and the Meaning of “Complete”

Construction can be affected by weather, inspections, trade availability, material deliveries, change orders and unexpected site conditions. The contract should distinguish an estimated completion date from a firm contractual obligation and describe acceptable extensions, notice requirements and remedies.

Occupancy approval relates to municipal permission to occupy following applicable reviews. Possession concerns the transfer of the home to the buyer under the agreement. They are connected, but not necessarily the same milestone. Exterior grading or landscaping may be subject to separate seasonal obligations.

Confirm how the builder communicates schedule changes, whether a walkthrough or deficiency list is required, and what happens if completion extends beyond the agreed date. Do not assume there will be automatic financial compensation unless the contract or applicable law provides it.

Part Eight — Financing and Conditions

Make the Agreement Work With Your Financing

A purchase or building contract can involve financing approval, an appraisal, the sale of an existing home, mortgage construction advances, permit approval or a negotiated lawyer-review condition. These protections do not exist merely because you expect them; they should be written into the agreement when appropriate.

Each condition needs a deadline and a clear process for notice, satisfaction or waiver. Clarify who bears appraisal shortfalls or lender-required changes, and what happens to your deposit if a condition is not met. If you are arranging construction financing on your own land, ask your lender about inspections and release of funds at each draw.

For cost-plus work, a financing buffer is especially important because actual costs may exceed estimates. Discuss a realistic contingency with your lender and financial adviser before signing.

Part Nine — When Something Goes Wrong

Disputes, Default, Warranty and Buyer Protection

A well-written agreement anticipates disagreements. Look for notice requirements, time to correct a problem, mediation or other dispute procedures, termination rights, interest or charges for missed payments, and who pays legal or administrative costs. A dispute clause should be read alongside any applicable statutory rights.

Alberta requires licensed residential builders to obtain appropriate authorization for new-home permits, with mandatory new-home warranty coverage subject to defined exceptions. That warranty generally provides minimum protection of one year for labour and materials, two for delivery and distribution systems, five for the building envelope and ten for major structural components. Warranty coverage is different from deposit protection and does not resolve every contractual dispute.

Before committing, check the provincial builder and property warranty registries. Your lawyer can also review title, construction liens, deposit protection and the closing process. These checks help clarify risk, but no single policy or registry eliminates all financial exposure.

Alberta's own advice: Consider having a lawyer review the proposed contract before you sign, rather than after a dispute arises. A lawyer can flag unclear wording, unusual risks and missing conditions while changes are still negotiable.

Part Ten — The Final Pre-Signature Review

Eight Questions Worth Asking Before You Commit

01. What am I actually purchasing?

Verify the legal property, drawings, specifications, inclusions and exclusions.

02. How is the price calculated?

Confirm fixed-price or cost-plus terms, fees, GST, allowances and contingencies.

03. When can the price change?

Review upgrade prices, site conditions, written change orders and escalation provisions.

04. When are deposits refundable?

Clarify who holds the money, receipt terms and what happens if the deal does not close.

05. What triggers payments?

Compare milestones, lender draws, receipts, holdbacks and final closing requirements.

06. What if possession is delayed?

Read extension notices, estimated dates and remedies for missed commitments.

07. What protects my purchase?

Verify licensing, warranty, optional deposit protection, title and insurance arrangements.

08. Who resolves disagreements?

Identify dispute procedures, default consequences and whether a lawyer has reviewed the terms.

Kapish Learning Center takeaway: The strongest building relationships start with clear expectations. A detailed contract protects both the homeowner and the builder by making the scope, price, responsibilities and change process understandable before the first construction milestone.

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