Builder Terminating Building Contract

TracyWilkinson · Jan 23, 2024 1:43 pm

Hello all,

Any advice is welcome!

Builder has terminated building contract on the basis of failing to make selections, which is unfair and untrue. The build has taken 2+ years! The builder has also run off with the banks money with no work to show for. The builder has also extorted us for 30k worth of variations that were not agreed, although for the sake of moving the project along I paid for this, as he paused construction until I paid him.

My main concern now, the house has been left incomplete and he has taken banks money without completing the works. Builder is also refusing to handover items in his possession purchased by me for the build.

SJT76 · Jan 23, 2024 3:16 pm

Speak to a lawyer

obiwon · Jan 29, 2024 1:32 pm

I am not associated with this law firm other than having them referred to me. They may be able to help or refer you to a partner firm depending on the location of your site. Rose Litigation on the GC are a top construction law firm. If your in Queensland they would be a good lawyer to speak with as they know the legislation here very well.

The only other advice is dont say much to your builder until you've gotten legal advice. Lawyers will always let you speak to them and explain your case on a first call for free then based on that give you a cost estimate for works to proceed.

TracyWilkinson · Jan 30, 2024 9:10 am

obiwon

I am not associated with this law firm other than having them referred to me. They may be able to help or refer you to a partner firm depending on the location of your site. Rose Litigation on the GC are a top construction law firm. If your in Queensland they would be a good lawyer to speak with as they know the legislation here very well.

The only other advice is dont say much to your builder until you've gotten legal advice. Lawyers will always let you speak to them and explain your case on a first call for free then based on that give you a cost estimate for works to proceed.

Thank you for the advice and recommendation. I am in Sydney, so I need a lawyer here..

building-expert · Jan 30, 2024 9:53 am

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 you win there is no guarantee of recovering money our your costs.
It will be very difficult to help you.

For the benefits of others I will say this:

1 Do not trust your builder, not because he is unworthy of it but because building your house is not about trust its business.

2 Get a pre contract review, to check what you are signing on, to find out about the journey ahead, to set up milestone checking points,
to know what the red flags are and if there are any to have someone you can call for help.

3 Have independent inspections during your build at critical points, if there is something it is better to find about it early and have it
dealt with.