I received instructions to chase a supplier for damages relating to over $150k worth of interlocking tiles which are unfit for purpose and not of merchantable quality because the majority have cupped badly at the edges. The expert report states that the likely cause is the difference in tensile strength between the top surface and […]
Technical Building Disputes Read More »
I gave some advice recently to a new client in relation to a building contract that is going awry due to increases in the cost of bricks and brick-layers. The builder is trying to argue that the delay in getting approvals entitles the builder to increase the contract price. My client believes the delays were
Building Contracts and Disputes Read More »
A builder client of mine installed the wrong tiles in a development. Despite conceding that he needed to rectify, the owners lodged a Building Commission application. He had been negotiating with the owners as to a solution which could be included in the Remedy Order, but they rejected his proposed solution without reasons, nor any
We are dealing with a building dispute. We are concerned the building company involved will drag out the matter, and then go into liquidation. So this week we’ve been investigating what recourse our client might have. We will be able to sue the registered builder behind the company, for negligence. He failed to properly supervise
We seem to be attracting building disputes at the moment. I am helping one lady who bought a couple of “tiny houses”, one to live in and one to rent out. She recently went to sell them, but the buyer had an inspection carried out. It transpired that they were built in accordance with the
Tiny House Dispute Read More »
We received some instructions this week to help terminate a building contract. There has been a litany of issues during the build. It is not 51 days since so-called practical completion, which was already over due by months, and the builder is not prepared to compensate my client for the extra rent he had to
Terminating A Building Contract Read More »
This week I went through a strategy for a client who is building a house and has some issues with his builder, including: Variations not being writing – which will make it difficult for the builder to claim for those changes; The builder has tried to claim for installation and delivery costs in relation to
Tricky Building Situation Read More »
We were contacted by one owner of a SMSF that has contracted to have a building constructed. Our client agreed to the builder’s suggestion to construct using Structural Insulated Panels instead of brick, in return for a price reduction of $14k, but the builder is now reneging on that deal. There are also disputes about
We are now ready to release our New Building Contract Management Kit for builders, consisting of: a contract for residential buildings a contract for commercial buildings a variation agreement a various notices in relation to: Practical completion Delay and extension of time; Intension to suspend works Dispute Termination an instruction manual One unique feature of
Building Contract Management Kit Read More »
We’ve been dealing with some very nice people that signed with a project builder using a rather messy 2007 Housing Industry Association contract. The demolition people have only just submitted the application to demolish and that will take until early December to approve. The building licence was not obtained within the 45-day period, due to
Building Dispute – Contract Price Increases and Prime Cost Variations Read More »