Browse Forums General Discussion 1 Oct 28, 2022 8:49 am Hey guys, I am going through a building dispute with a crook builder. I am so stressed and appreciate all your help. At NCAT Directions Hearing, I requested for a work order to have them rectify all the defects and a money order to compensate me the rent loss for all the delay. Not sure why the member says the damage claim can only be made when the contract is terminated - which essentially means he cannot order the work order and the money order at the same time, it can to be only one of them. My confusion is the contract will reach a natural end when the builder fixed all defects and the difference between the day the job is complete and the day the job was contracted to complete is the basis for rent loss. It doesn't appear conflicting to me. Is there anyone have some insights on it? Also I would like advice if I am to seek for both, should I seek for a work order for now and bring another claim against him for rent in another proceeding? I consulted my lawyer and he told me usually ppl just terminate the contract and seek compensation and no many ppl would request like me and he thinks the work order is an interim order and money order is a final order and that's might be why they can't co-exist. Re: HELP! NCAT Directions Hearing 2Oct 28, 2022 8:58 am Are your losses still accruing? That is, are you still renting pending the rectification work? If so, I think the member is correct: they cannot determine now the exact date that your losses will cease, and so cannot determine the amount to award you. I don't think they can use the estimated completion date for this. Maybe you can work with your lawyer to see if it would be possible to claim not a lump-sum amount, but an amount per week/day? So that there is a clear formula provided for the award of damages, which would avoid a second hearing. Re: HELP! NCAT Directions Hearing 3Oct 28, 2022 9:45 am Has your builder claimed practical completion? If so i assume you have disputed this? Is there a liquidated damages value agreed in your contract? It would be unusual for a residential builder not to limit their exposure to costs of delay claims this way in the contract. If there is no liquidated damages provision then you would need to "crystalise" your final losses before making a claim. Re: HELP! NCAT Directions Hearing 4Oct 28, 2022 9:54 am Kippers01 Has your builder claimed practical completion? If so i assume you have disputed this? Is there a liquidated damages value agreed in your contract? It would be unusual for a residential builder not to limit their exposure to costs of delay claims this way in the contract. If there is no liquidated damages provision then you would need to "crystalise" your final losses before making a claim. It left blank however my lawyer told me I can claim general damage based on the verdict on case Cappello v Hammond & Simonds NSW Pty Ltd [2020] NSWSC 1021. I think you and SJT76 made a point that the rent $amount has to be a definite number and that can only be achieved by the contract termination. The builder hasn't claim practical completion through any communication (decking not started, door not installed, window frame not installed so I can't put curtain on etc) but he did say in the Directions Hearing that the apartment is liveable (has water, power etc). Do you think in this case, I still have the ground to ask for delay compensation? Re: HELP! NCAT Directions Hearing 6Oct 28, 2022 10:58 am Kippers01 I think the claim issue would be is it liveable and fit for purpose? Can it be offerred for tenants to rent at current market rates as it currenttly is? The place has power and hot water. Still look like a construction site: doors not installed, lights are hanging down not fitted in, bathroom window not installed, window frames are not installed hence cannot install curtain for privacy. What is the definition of being liveable and fit for purpose? If island is short of 7cm in depth compared to design and closet doors are not in the profile stipulated in contract would they be considered not fit for purpose? I am surprised how many home decor videos on YouTube but hardly any building knowledge vids which are the education really matter in a home renovation. Re: HELP! NCAT Directions Hearing 7Oct 28, 2022 1:06 pm Seems like incomplete works rather than defects. Check the definition of 'practical completion' in your contract. It should say someting like "Suitable to live in with minor cosmetic fixes" and consider if NSWDFT or NCAT later would agree. If its not complete, do everything you reasonably can to assist the builder to complete the job in a timely manner. If he can't, further delays, or just won't then seek an order to complete and claim your costs of delay later when they are crystalised. Be open with the builder that you will be claiming your costs later if appropriate. I am new to this forum so please bear with me. An NCAT order was breach by our neighbour regarding a retaining wall dispute. He is the owner of a building company and he… 0 2205 Hi there, long-time lurker but first time posting. I've bought a house 2 and a bit years ago and last year we had some major water damage on a converted pergola area… 0 7897 Yes, unless you are in a low intensity rainfall area or the area is protected from rain. Do you have access to NCC Part 2 or can you download it? I can email you a copy… 10 12458 |