New-Construction Builder Contract Checklist
What it should state. What's commonly not stated. What to ask before you sign.
You're about to sign a contract with a builder for a new-construction home. This page lists what a complete one states, the lines that are commonly not stated, and the questions worth asking before your name goes on it.
This is a reading checklist, not advice. Spend Defense doesn't tell you whether to sign — we make sure you've actually seen what's on the page, and what isn't.
What a complete builder contract states
Price breakdown — base price, lot premium, and options, each shown separately.
Plans and specifications — the floor plan, elevation, and included features, attached or referenced.
Allowances — finish allowances in dollars, and the process and price for going over.
Deposits and schedule — earnest money and option deposits, when each is due, and who holds them.
Completion date — whether it is an estimate, a target, or a commitment — and what happens if it slips.
Change orders — how changes are requested, priced, and approved, and any cut-off dates.
Warranty structure — the workmanship, systems, and structural warranties, each with a length, in writing.
Financing and lender terms — any incentive tied to using the builder's lender, and what happens if you use another.
Refund terms — what happens to deposits if the build stalls or you cannot close.
What's commonly not stated
- Delay remedies — a completion date with no stated remedy for delay leaves the buyer carrying rent or rate-lock costs.
- Substitution rights — many contracts let the builder substitute materials "of equal quality" without defining equal.
- Independent inspections — whether you may bring your own inspector during construction is often unstated.
- Option deposits — deposits for upgrades may be non-refundable even if the main deposit is.
- Lot and grading details — drainage, landscaping, and fencing may not be included unless listed.
None of these gaps decide anything by themselves. They're the lines to ask about before you sign, not after.
Questions to ask before you sign
- “Is the completion date an estimate or a commitment, and what happens if it slips?”
- “What are the allowances, and how are overages priced?”
- “Which deposits are refundable, and under what conditions?”
- “Can I bring my own inspector during construction?”
- “Can the builder substitute materials, and how is "equal quality" defined?”
Want a second set of eyes on the actual document?
Send us the paperwork before you sign. A Quick Check reads your document and shows you what it says, what's not stated, and what to ask — for $4.99 (up to 10 pages). Longer documents: Document Review $19, Premium Review $49.
Check my document →We don't decide for you. We make sure nothing on the page — or missing from it — surprises you later.
FAQ
How much does a new-construction home usually cost?
We don't price other people's work — cost depends on the plan, the lot, the options, and the local market. What you can check is whether your contract separates base price, lot premium, and options, and states allowances in dollars. If it doesn't, that's a question to ask before signing.
What if something on this checklist is missing from my builder contract?
Ask for it in writing before you sign. A missing delay remedy or refund term isn't a verdict on the builder; it's an unknown in a contract you'll live with for months. Getting it stated on the page costs nothing and settles it before ground is broken.
Can Spend Defense read my actual builder contract?
Yes. Builder contracts usually run well past 10 pages, so most go through the Document Review ($19, up to 25 pages) or Premium Review ($49, up to 100 pages). You'll get back what it says, what's not stated, and what to ask — a document read, not legal advice.
Related checklists
- Home Purchase Contract Checklist
- Kitchen & Bathroom Remodel Contract Checklist
- Closing Disclosure Checklist
Spend Defense — we read the paperwork before you sign. We don't decide for you.