Process for Terminating a Contract

Hi all,

I'm new here so forgive me if this is in the wrong place. I'd like to get people's opinion through their own experience or if they've been in similar positions (or know of anybody who has).

I've recently started having my home built by Orbit Homes in Queensland. I've signed an HIA contract with them. Unfortunately, over the last month and a bit there have been some major issues with the build from the builders side:

1. The concrete slab was not installed properly, meaning it was about 6 inches too short in one of the rooms. This is a major mistake which I'm at a loss for words on how they managed to mess that up, considering all they would've needed was a tape measure to check that the measurements were correct.

2. It seems like they didn't notice the issue with the slab, because they installed the wooden frame on it anyway, so the frame was literally hanging in mid air because there was no concrete for it to sit on.

3. It wasn't until I brought this to Orbit's attention that they actually did something to fix it. However, the fix they've provided is to use a cement of lower consistency to make up the difference in the slab to where the frame is sitting. This cement and the original slab are already crumbling and cracking away and the frame seems to move when touched - so it is still not properly secured.

Other issues include that they have already managed to break the fence and they've used a combination of treated and untreated wood for the frame despite the contract saying they'd use treated wood.

In addition to this, I have not been given any updates on the build, when I brought up my concerns with Orbit their response was basically "I'll check with your supervisor".

At this point, I'm not confident that these guys know what they're doing or that they are capable of doing a good job on my house (not to mention, properly fixing the critical issues with the slab). I'm extremely concerned of their competence to continue with the build.

I just want to know, what are my rights here? Am I able to seek some form of compensation for what I have paid up until now and get out of the contract and hold them liable to remove the frame and slab? Do I have ground here to seek legal advice, or is it not worthwhile?

Seek legal advice. The slab will never be structurally as sound as being poured in one go.
Thats a joke.
I dont know about terminating, but an amicable resolution needs to be sought.

Have a look at the contract does it have any special conditions. You need to seek legal advice

Thanks for the responses guys. I have been asking around and was told it may be worthwhile to get an independent builder on site to check over their work. However, I really think this would be a waste of my own money to be doing as they should be held accountable to do a acceptable job in the first place.

I will be seeking legal advice on this. Can anybody recommend a firm or person in Brisbane to talk to?

I agree, I would get a building inspectors report from a reputable company that can be used as evidence in court/ tribunal.

Once you have the report, see your lawyer and get their advice ASAP.

Can your conveyancer or accountant help?

Sorry but I'm in NSW so unable to recommend a decent property lawyer who can help you.



Cheers Nom

Newhaven 36 by M
Blog - North Shore Newhaven (http://nsnewhaven.blogspot.com.au)
Build Thread - viewtopic.php?f=31&t=85092

Thanks Nom!

I only had a conveyancer for the land handover so far, so I don't think they'd be much help. I will look around for a reputable building inspector and go from there.

I was told QBCC would be a good place to lodge a dispute, but I'm not sure of their power in QLD to actually enforce anything.

When I brought up my concerns with the customer service officer around not getting updates enough and feeling that the customer service I was getting from Orbit Homes could be improved, her response was 'Thanks for your unjustified criticism, I greatly appreciate it.'

Then she told me that I am only meant to get updates on the build at the end of each stage, which is ridiculous because there are only 5 stages over 8 months of build. Which is a huge difference to the 3-4 updates a month I was originally promised.

Really regretting my choice to go with these people.

Are you building at Capestone Mango Hill by any chance?

I had a few hiccups with my current build and I called a few builder lawyer companies in Brisbane, unfortunately I don't remember the company. But the lady gave me general advise over the phone for free. She asked if it was a hia contract, apparently there is a clause which many people don't remove that says if you delay the build process then you are financially liable. I also would call / contact the QBCC who have been helpful for me also.

I hope it gets sorted for you

Surely the bank wouldn't pay them until it's done satisfactorily?

This should serve as a warning to all that checking out only display homes is like doing almost no homework on your biggest ever purchase ,rarely if ever can they replicate a home that has been hand picked by their very best trades,you should get personnel information from other recent home builders,if someone asked vn88 would you build with orbit ,he couldn't yell hell no quickly enough,but some other poor buggers will visit their display and likely sign on without asking the people that really count,their customers.you badly need to know what is best practice to fix a short slab,some thing orbit will fix terribly, ask builders in your area for a gun inspector with balls,someone like( BE ),from this forum.good luck.

How did you go joker? Have you had any luck in rectifying the issues