Browse Forums General Discussion 1 Sep 26, 2013 11:14 am We have employed a NSW Licensed Builder to build our New Home. he used a HIA Building Contract BUT have NOT given a copy to us; only the first 8 pages. We are disputing his works in the midst of Construction and we have consulted a Solicitor for advice. Unfortunately, due to us NOT having the HIA Building Contract 2009 Edition, my Solicitor don't know WHERE to start. We have requested this from the Builder & HIA but in vain; HIA can provide the latest Edition but we need the 2009 Edition to know what we have signed. Is there anyone who can help provide this 2009 Editiion NSW? we can take legal action to demand for this from the Builder BUT it may be a lengthy process. Please help. contact: jackyang.boc@gmail.com Thank you kindly. Re: HIA Building Contract 2Sep 26, 2013 1:03 pm You should be able to buy a copy from HIA Foremost Building Expert in Australia,assisting with building problems/disputes, building stage inspections,pre-contract review advice for peace of mind 200 blogs http://www.buildingexpert.net.au/blog Re: HIA Building Contract 3Sep 26, 2013 2:01 pm we've tried with HIA; theyve provided a 2012 Edition and have changes thus it is risky if we use it. we've requested for the 2009 Edition & HIA said they don't keep old copies & editions. Re: HIA Building Contract 4Sep 26, 2013 2:17 pm When did you sign the 2009 edition? 3in1 Supadiverta. Rainwater Harvesting Best Practice using syphonic drainage. Cleaner Neater Smarter Cheaper Supa Gutter Pumper. A low cost syphonic eaves gutter overflow solution. Re: HIA Building Contract 5Sep 26, 2013 3:49 pm A builder in Vic must give you a full building contract or there will be a breach of regulation. I would be approaching builder's licensing authority with a view to initiate disciplinary proceedings. I am sure that NSW would be much the same. That will usually do the trick. Try it! Foremost Building Expert in Australia,assisting with building problems/disputes, building stage inspections,pre-contract review advice for peace of mind 200 blogs http://www.buildingexpert.net.au/blog Re: HIA Building Contract 6Sep 26, 2013 7:35 pm Jack Global he used a HIA Building Contract BUT have NOT given a copy to us; only the first 8 pages. Never rely on a copy being forwarded. Either sign duplicates there and then and get an immediate copy , or do not sign. Jack Global We have requested this from the Builder ... but in vain surprise surprise, another builder with an unhelpful attitude. Obviously does not want to be transparent, and you have a disagreement already. Expect more troubles form this fine builder no doubt. If it was me, I would sack him. Re: HIA Building Contract 7Sep 26, 2013 7:41 pm Point taken and advice considered. I hope someone with a kind soul can provide just a copy of the 2009 Edition for our perusal. we're taking legal actions to demand for this Doc as we're speaking. We really CANNOT do anything until we know WHAT's on that Building Contract. Re: HIA Building Contract 8Sep 27, 2013 6:41 pm Hi, Your builder must do the following: http://www.austlii.edu.au/au/legis/nsw/ ... 9%22%20%29 Quote: 7B Copy of contract A holder of a contractor licence must, not later than 5 clear business days after entering into a contract, give the other party to the contract a signed copy of the contract in the form in which it was made. Maximum penalty: 80 penalty units in the case of a corporation and 40 penalty units in any other case. Regardless of anything, because you have not got a copy of the contract. You are entitled to a Cooling-Off Period. It doesn't matter where in your contract you are up to, you may recind the contract as per. http://www.austlii.edu.au/au/legis/nsw/ ... 9%22%20%29 Quote: (1) A person who contracts with the holder of a contractor licence for residential building work to be done by the holder of the contractor licence may, by notice in writing, rescind the contract: (a) in the case of a person who has been given a copy of the signed contract-at any time before the expiration of 5 clear business days after the person is given a copy of the contract, or (b) in the case of a person who has not been given a copy of the signed contract within 5 days after the contract has been signed-at any time before the expiration of 5 clear business days after the person becomes aware that he or she is entitled to be given a copy of the signed contract. I am not a lawyer. Do not take this as legal advice. I am simply showing you the legeslation that may help you in your situation. It is good you have contacted a lawyer. This information may help you in explaining your case. Obviously, what you want is a different matter, if you house is already at lock-up finding a builder to finish it and what not as well as all the mucking with finance (if you have finance). Are all another mater. I hope this helps. Cheers, nevertrustpeople Re: HIA Building Contract 9Sep 27, 2013 10:00 pm Thank you ALL for your kind comments. We're on top of the matter with the assistance of our Solicitor. This a great Forum to be in and we would inform ALL our friends about it ^_^ You talk about deletions, are they variations or PS and PC adjustments? pleas list them 1 16557 10 12308 Unless there is something in special conditions the builder does not have to give you timeline. If your demolition contractor has not removed Asbestos and it was found… 12 28801 |