Browse Forums Building A New House 1 Jan 20, 2021 8:17 am My wife and I signed a contract May 2020 and received the hard copy in the mail late June. Our land has suffered delays and won't be settled until mid-late 2021. I've only just now spent a good deal of time reading the HIA contract we signed with Metricon and noticed the builder has not signed the contract (see photo).
Is this a legally binding contract? According to Consumer Affairs Victoria: "Your cooling-off period starts from the date you received the copy signed by the builder, regardless of when you signed the contract." (https://www.consumer.vic.gov.au/housing/building-and-renovating/checklists/getting-out-of-a-building-contract). So, arguably, our cooling off period hasn't begun. Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Re: Is my Metricon contract (HIA) binding? 2Jan 20, 2021 8:59 am Yours is the Customer Copy. Did you witness them sign the Builders Copy on the day of signing? Did you sign both copies? Though if the letter of the law is applied, the date that you "received the copy signed by the Builder" hasn't yet arrived... Re: Is my Metricon contract (HIA) binding? 3Jan 20, 2021 9:01 am No, I don't recall witnessing the builder sign. Also, why would the customer copy - which took 1 month to arrive - not include the builders signature? Defeats the purpose of a binding contact if the hard copy, sent officially, doesn't include both parties signature. Re: Is my Metricon contract (HIA) binding? 4Jan 20, 2021 9:26 am Interestingly from your above link might you also be able to end this (unsigned HIA) due to the time blowout of your land settlement being more than 1.5x longer than the expected completion date? This clause probably refers to cancellation after the date has passed though, worth checking with legal rep. Quote: You may end a major domestic building contract under section 41 of the Domestic Building Contracts Act 1995 (the Act) if:
You talk about deletions, are they variations or PS and PC adjustments? pleas list them 1 16565 10 12309 Unless there is something in special conditions the builder does not have to give you timeline. If your demolition contractor has not removed Asbestos and it was found… 12 28801 |