NSW HIA Contract termination by owner

Rose2903 · May 08, 2020 6:14 pm

Hi There,
We entered into a contract with a builder, standard NSW HIA contract and paid $12k in deposits.
It has now been 6 months and all the builder has done is floor plans and a 3D facade.
We cant even agree on it as this is not we asked for.
Now we asked to terminate the contract and the builder is demanding 10% of contract price.
No equipment hire, surveying or earthworks.
No cdc approval or anything of that sort.
Can he demand 10% just for floor plans ?

building-expert · May 08, 2020 7:21 pm

There is proper procedure for terminating building contract. If you don't follow it you may be liable for the profit builder would have made had the build gone ahead.

Rose2903 · May 08, 2020 7:33 pm

building-expert

There is proper procedure for terminating building contract. If you don't follow it you may be liable for the profit builder would have made had the build gone ahead.

Ok, thank you. What in your opinion should be our next steps.
As we are not happy to proceed with the builder.

building-expert · May 08, 2020 7:47 pm

Consult a lawyer