Browse Forums General Discussion 1 Dec 22, 2014 7:01 pm Just wondering if anyone has any experience with terminating your contract with the builder mid way through. We are renovating in NSW. Our builder has been given a list of defects, which he has 28 days to complete. There is no way these are going to be done. We have sought advice from a solicitor and he said once that 28 day period is up, we issue him with a letter of non completion of defects. That gives him a further 5 days to fix them and after that we have grounds to terminate. The entire build is due to be finished mid Jan according to our contract and that is also no chance of happening. Wondering if anyone else has had experience with this process and could share what they went through? I'm imagining it will be a horrible process, but it already has been!!! We have a half finished defected renovation! Re: Terminating contract mid renovation. 2Dec 22, 2014 7:39 pm Have you got some examples of the defects? I also didn't know you could place a defects notice mid way through, this is usually done when practical completion comes up Are these defects structural and did you have an outside certifier write them up? Re: Terminating contract mid renovation. 5Dec 22, 2014 8:25 pm Amanda Falconer did this and then wrote a book about it called the Renovator's survival guide: viewtopic.php?f=1&t=70162 It might be worth looking it up in the local library. I do remember her saying that it was crucial to terminate the contract legally. Re: Terminating contract mid renovation. 6Dec 22, 2014 8:36 pm What is the builders response? Do they not agree, do they think the report is pedantic or do they just not care? You really need a solicitor that is experienced with this if you do want to terminate Re: Terminating contract mid renovation. 7Dec 23, 2014 7:55 am I know someone who did this, but was later in the build, when it became apparent the Builder would never finish the house or fix the defects. This particular Builder is known for doing this and forcing clients into repossessing their home (as the build has gone over a year most often, without explanation) and they can't afford to live anywhere else any longer so that the clients are too scared to take them to VCAT etc. It can be a drawn out (painful) process but needs to be legal and you need a good legal team behind you giving you the right advice. It is very important that all correspondence sent to the Builder is by registered mail or courier delivered so that there is a signature of receipt. If there are phone calls record them in some manner ie actually record them or write down what was said and then follow up with a letter confirming what was said. A few days after the notification of termination of the contract from my friend's lawyer the Builder broke into the site on the pretense of being there to fix things (they hadn't touched the site in months). Once the letter goes out for accepting the repudiation of the contract make sure you have good security on site and that you change the locks, alarm codes etc and revoke any rights of the builder to come on site. All gates to the property should have locks on them as it is easier to prove trespass if all access points to the property have a lock on them. I would also advise to make sure you have good records of the build so far ie copies of all communications, photos of the work, certificates (contact the Building Survey if employed by the Builder and get any certificates issued asap) issues, a diary of events etc in case the Builder takes you for breach of contract or causes you any problems. You may find it difficult to find another builder to complete/fix the work as they often don't want to fix another builder's mistakes - questions about warranty insurance. guarantees etc. Hope it works out for you. Re: Terminating contract mid renovation. 8Dec 23, 2014 8:54 am It seems to me that if you already have a solicitor and your own independent building inspector you should not have to be asking any more questions on this forum because they are the people you are already paying to give you the right advice. 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: Terminating contract mid renovation. 9Dec 23, 2014 9:12 am building-expert It seems to me that if you already have a solicitor and your own independent building inspector you should not have to be asking any more questions on this forum because they are the people you are already paying to give you the right advice. Agree. Re: Terminating contract mid renovation. 10Dec 23, 2014 11:45 am building-expert It seems to me that if you already have a solicitor and your own independent building inspector you should not have to be asking any more questions on this forum because they are the people you are already paying to give you the right advice. Nailed it! Re: Terminating contract mid renovation. 11Dec 23, 2014 3:44 pm Thank you to those last 3 comments that are completely useless (tlblhayward, Saint Mike, building-expert)! If you actually read my question, I was asking about peoples experiences with the procedure?? If you have gone through this experience then please share. Yes I do have the right people in place to advise me however I was asking for personal experiences of others. So I fail to understand how my question if not relevant to the forum? Re: Terminating contract mid renovation. 12Dec 23, 2014 3:49 pm carmer13 Thank you to those last 3 comments that are completely useless (tlblhayward, Saint Mike, building-expert)! If you actually read my question, I was asking about peoples experiences with the procedure?? If you have gone through this experience then please share. Yes I do have the right people in place to advise me however I was asking for personal experiences of others. So I fail to understand how my question if not relevant to the forum? Apologies for being useless - but you appeared to answer your own question. Re: Terminating contract mid renovation. 14Dec 24, 2014 11:38 am Liliana I have to agree with Carmer13 - she was asking for other people's personal experiences and I thought her query a perfectly valid one. Agree Lili - but they also said they had expert advice already and felt it would be a "horrible process". As it will. You gave them a very good answer - as did Kats. I thought BE's answer was also good. Re: Terminating contract mid renovation. 15Dec 25, 2014 1:18 am I guess she's asking for others experiences as in success rate of such legal actions and what she will be expecting after starting the legal actions. I think it is perfectly valid to ask for this kind of advice as well to better prepare for the long battle. Re: Terminating contract mid renovation. 16Dec 26, 2014 6:45 am snowing I guess she's asking for others experiences as in success rate of such legal actions and what she will be expecting after starting the legal actions. I think it is perfectly valid to ask for this kind of advice as well to better prepare for the long battle. Totally agree Re: Terminating contract mid renovation. 17Dec 29, 2014 1:29 pm carmer13 Thank you to those last 3 comments that are completely useless (tlblhayward, Saint Mike, building-expert)! If you actually read my question, I was asking about peoples experiences with the procedure?? If you have gone through this experience then please share. Yes I do have the right people in place to advise me however I was asking for personal experiences of others. So I fail to understand how my question if not relevant to the forum? As someone who has been on both sides of ending the contract and a front row spectator in disputes of many others I can just say that the experience will be very unpleasant, time consuming, wasteful and will cost you money, perhaps plenty of it. By the time you have a dispute you have already lost because there are no winners it then just becomes exercise in getting the best outcome. The only thing worthwhile will be what you learn from it and learn you will plenty. One of my clients who took her builder to VCAT (without solicitor) and won told me she felt empowered. Another settled for 60K but her legals were 40K. Work it out. The best people to advise you as I said are the professionals that you are already employing because they have detailed knowledge of your dispute. Anyone else will give you just blanket general advice. However dispute is just like a serious illness, it may be worthwhile to get a second opinion. That's just my experience 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 Hi Tracey, you have taken too long to react to your builder's wrongdoing and are now left in a vulnerable position. Fighting the builder legally will cost big bucks and if… 4 2300 Hi all, I've received the unwelcome news that our certifier (BCA Certifiers) has merged into the McKenzie Group. A quick Google revealed McKenzie is the mob that… 0 4241 You talk about deletions, are they variations or PS and PC adjustments? pleas list them 1 16557 |