Hi guys,
Please see details below and advice.
Purchased block of land in Brisbane (QLD) 20 May 2021
Signed HIA contract to build double storey house with small builder on 23 June 2021
Council approval received on 6 April 2022
Footings and Underground work started on 25 May 2022
Builder suppose to send letter of commencement & practical completion letter but did not
Slab on 5 June 2022
Builder struggles to find steel framing company to install frames as he was not having money to pay them upfront
Frames installed on 15 November 2022
After the frames got installed, builder immediately sent invoice without physically verifying quality and accuracy. We paid the invoice immediately but after checking frames, we found that all door heights were wrong and laundry wall was installed incorrectly. This shows builder's Lack of Supervision and not physically verifying work.
Finally framing company has rectified issue and sent form 12 and 15 certificate for it on 31 March 2023.
My HIA contract mentiones building period is of 290 days including time allowances which is expired in February 2023. Late completion damages mentioned as $120 per day.
Till date, builder has neither sent us 'Letter of Commencement & Practical completion date' not 'Extension of time notices'.
My house built is not moving further as builder continues to struggle for funding and cashflows and it is still at frame stage even after almost 2 years.
Could any expert advice why builder is not sending those documents to me as I can easily prove when the actual construction commence and when the building period ends. Also, what are my legal rights and will I find it difficult to fight my case in QCAT without those letters?