This article seeking legal advice when you are having trouble with your builder has been supplied by Pierrette Khoury, Khoury Lawyers.
We often get inquiries from client homeowners who are facing difficulties with their Builder during the course of building works pursuant to a Building Contract entered into.
These inquiries usually relate to either one or several of the following matters:
- Potential building defect issues;
- Potential overcharging;
- Termination of Contract;
- Potential Breach of Contract;
- Delays with the Building Works;
- Damage on site.
A Building Contract entered into should be reviewed by a lawyer as the Contract provides a regime to deal with terminating a Contract.
In the event that the Contract is not complied with and a party has terminated a contract prematurely including not allowing the Builder a reasonable opportunity to respond to a potential claim, this opens the door for a myriad of problems that can arise. Ultimately, the Builder may seek compensation from a Court of competent jurisdiction against a home owner.
Similarly variations are dealt with in the contract and include a regime for variations to be issued. A quantity surveyor may need to be retained for the purposes of assessing the claims.
A contract will have a planned completion date and delays during the course of the works may occur. The contract ordinarily provides a regime to deal with such situations.
A scope of work is ordinarily part of the contract and will provide the extent of the work to be carried out by the Builder. This will be a starting point for the determination of potential building defects and non-compliances with the Contract. A building consultant may be required to be obtained to assess the defective work.
It is imperative that legal advice is sought. If possible legal advice should be sought prior to entering into the Contract as we can advise you of any amendments to the Contract that may be required to be made to ensure the fairness and reasonableness of the Contract.
This post appears in Strata News #306.
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