Browse Forums Building A New House Re: Suing builder after failed negotiations at CBS? 2Dec 21, 2024 8:19 am 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: Suing builder after failed negotiations at CBS? 4Dec 21, 2024 11:51 am 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: Suing builder after failed negotiations at CBS? 5Jan 11, 2025 4:50 pm If you're going to represent yourself, make sure you familiarise yourself with the requirements at SACAT for preparing and filing an application (including the required contents of the Application itself). In particular, while the defects may seem obvious to you, you'll need to present your case and evidence in such a way as to make it easy for the Tribunal Member to understand (i) what the builder was required to do; (ii) what the builder actually did; and (iii) why what the builder did does not comply with what it was required to do. You'll also need to have estimates (or actual costs) for the rectification work, because the most likely SACAT order will be that the builder needs to compensate you for the required rectification work (unless you apply for an order for specific performance). In short: beware the false economy of trying to avoid the cost of a lawyer by representing yourself. You might save money in the short term, but you might end up not presenting you case in the way SACAT requires and not be able to convince the Tribunal Member that the builder should pay you money (not all lawyers are overly expensive). Re: Suing builder after failed negotiations at CBS? 6Jan 12, 2025 5:21 am ![]() If you're going to represent yourself, make sure you familiarise yourself with the requirements at SACAT for preparing and filing an application (including the required contents of the Application itself). In particular, while the defects may seem obvious to you, you'll need to present your case and evidence in such a way as to make it easy for the Tribunal Member to understand (i) what the builder was required to do; (ii) what the builder actually did; and (iii) why what the builder did does not comply with what it was required to do. You'll also need to have estimates (or actual costs) for the rectification work, because the most likely SACAT order will be that the builder needs to compensate you for the required rectification work (unless you apply for an order for specific performance). In short: beware the false economy of trying to avoid the cost of a lawyer by representing yourself. You might save money in the short term, but you might end up not presenting you case in the way SACAT requires and not be able to convince the Tribunal Member that the builder should pay you money (not all lawyers are overly expensive). Thank you for the advice I am taking help from free legal services SA, they will be assisting me with filing the specifics Re: Suing builder after failed negotiations at CBS? 7Jan 14, 2025 10:41 am ![]() Thank you for the advice I am taking help from free legal services SA, they will be assisting me with filing the specifics you need specialist legal advice. Its unlikely you will get this at a free service level. You were just advised about a false economy of representing yourself. This is only marginally better, unless the free services infact have lawyers experienced in construction standards etc. Re: Suing builder after failed negotiations at CBS? 8Jan 14, 2025 1:57 pm ![]() ![]() Thank you for the advice I am taking help from free legal services SA, they will be assisting me with filing the specifics you need specialist legal advice. It’s unlikely you will get this at a free service level. You were just advised about a false economy of representing yourself. This is only marginally better, unless the free services infact have lawyers experienced in construction standards etc. I will update everyone how it went, I am awaiting inspector report for legal purpose Two main issues 1) Re installation of bi fold door Manufacturer sent an official email stating builder didn’t install the door as per manufacturer specifications and hence need to re install i 2) Roof issue Awaiting Inspector to write detailed report Other issue Liquidated damages for delay in build The builder informed me that he had taken away the plumbing fixtures during December 2023 And just before handover date he said build will be delayed because fixtures got stolen from the site! I smell insurance game play but onus will be on him to provide evidence of newly bought fixtures (which he never did) Long battle ahead…. Re: Suing builder after failed negotiations at CBS? 9Jan 14, 2025 2:29 pm Free advice is worth what you pay, nothing. The difference between professional advice and free advice is likely to be success / failure. Don’t forget you will still have to pay for expert report. 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 Joanne I can't stress how important it is for you to see a lawyer, like yesterday as ponzutwo has said. It would have been ideal for you to get advice earlier but it may… 13 24837 ![]() thanks emmab the home is an extension and renovation and it was less than 10 years ago 4 9712 Hello Team, I'm a new builder and I would like to apologise upfront if this question has already been asked and answered. We are 3 friends and each of us are looking to… 0 23710 |