Browse Forums Building A New House 1 Apr 24, 2010 1:04 am If the BACV is a waste of time and VCAT is an expensive and time consuming process, are there worthwhile courses of action. Has anybody tried to terminate their contract close to the final stage, declaring the builder is in 'breach of contract' and continued with rectification and works themself, invoicing the builder for the difference? Re: Contract termination "Breach of contract" 2Apr 24, 2010 1:14 am BACV is largely a waste of time if either the Owner or the Builder wants to be recalcitrant and not agree to anything as their determinations are non-binding. VCAT, as you suggested, is expensive to the point where even if you win you lose. In terms of Termination - what contract are you using? HIA, MBAV, Architects?? Builders are people too.... Re: Contract termination "Breach of contract" 3Apr 24, 2010 10:55 am 2001 HIA contract modified by the builder. Re: Contract termination "Breach of contract" 4Apr 24, 2010 11:04 am Did you authorise the modifications? If so, what were they? The HIA contract does give some protections both ways - it could be better but it could be worse! CAV are trying to develop a standard contract that is fairer for everyone but effective stonewalling from MBA and HIA seem to mean that any reform goes nowhere. Anyway, what part was modified and also, why do you want to terminate eg: is it time, quality etc? I am not a lawyer but I do know enough to know that you need to be very cautious about opening a can of worms that you cannot afford to put back in the tin. If your builder is bigger (ie: more money) than you then brace yourself for an expensive fight, if not then it can still cost a lot of money. Again, you probably do need to get some basic legal advice so that you can cover yourself and make the correct first steps as this can get into a very complex area. If you need to talk to a legal person as an initial contact then let me know and I can recommend one who is very reasonable and specialises in this area. Builders are people too.... Re: Contract termination "Breach of contract" 5Apr 24, 2010 11:17 am I agree that you should not terminate a building contract without legal advice. Its an area that requires you to get the formalities right. If you don't, you could face a claim from the builder for a substantial amount of money. Re: Contract termination "Breach of contract" 6Apr 27, 2010 10:41 pm Not sure about all the modifications to the contract but know that some are relating to progress payments. There are others but we have not looked right into them as yet. Only found out recently. We were initialy told by the builder it is a standard HIA contract and just read and sign. We later found out it was the older contract and had been modified. Reason why we are exploring termination is due to stuctural issues that do not meet industry and manufactures standards and the builder is refusing to aknowledge them let alone fix them. Re: Contract termination "Breach of contract" 7Apr 27, 2010 11:32 pm Unfortunately the HIA contract in this circumstance is probably weighted against you - even without modifications. Again, please get some sound legal advice before taking the first step. While it may cost you in the short term, if you step off on the wrong foot then it could inadvertantly cost you thousands. Maybe first contact The Consumers Collective. Their President Anne Paten was featured on Stateline a few weeks ago - you can watch the video here.... http://www.mrconstructions.com.au/index.php?option=com_content&view=article&id=22:the-construction-managers-melbourne-consumer-protection&catid=1:construction-and-project-management&Itemid=2 You can contact Anne or Zemma on 9379 1110 or 0401 226 048 - hope they can help point you in the right direction as well. Builders are people too.... I believe this is correct. From the picture you can see the power was put in last so the electrician knew where the water was. Really it's a common sense issue more… 4 4455 You talk about deletions, are they variations or PS and PC adjustments? pleas list them 1 11992 Are you saying that these consultants are involved at key-points of the building, and perform site inspects at the stages, or only after building is completed to point… 4 8983 |