Browse Forums Building A New House 1 May 18, 2020 10:08 am Hi all. My partner and I bought land over 2 years ago in a new estate. The land was due to title 6 months later and has now been pushed out over 18 months from original title date. We signed a seperate building contract in the first 6 months (in hindsight we were pressured by the building company to sign the contract quickly after doing a PWC) In the following 2 years our position has changed and we no longer require the house or land. The sunset clause has lapsed for the land so I assume we can cancel the land contract and get our deposit back as it's been over 2 years. Keep in mind the builder has not done much work yet ( the land is still about 6 months away from titling) so no plans have been drawn or permits applied for to my knowledge. What are the chances of cancelling the build contract ? The builder is one of the major big name builders. Re: Cancelling build contract before any work is done. 2May 19, 2020 12:31 pm I am no expert but looking at my own contract, you cannot cancel a Build contract unless the Builder is in breach. There is no clause to end a contract due to change of mind. The contract could also be ended due to issues with planning approval, plan variations etc in which case the builder is entitled to 20%(or as stated) of the contract price. I reckon it's best to approach a solicitor to seek advice. Re: Cancelling build contract before any work is done. 3May 19, 2020 1:08 pm Chewbac Hi all. My partner and I bought land over 2 years ago in a new estate. The land was due to title 6 months later and has now been pushed out over 18 months from original title date. We signed a seperate building contract in the first 6 months (in hindsight we were pressured by the building company to sign the contract quickly after doing a PWC) In the following 2 years our position has changed and we no longer require the house or land. The sunset clause has lapsed for the land so I assume we can cancel the land contract and get our deposit back as it's been over 2 years. Keep in mind the builder has not done much work yet ( the land is still about 6 months away from titling) so no plans have been drawn or permits applied for to my knowledge. What are the chances of cancelling the build contract ? The builder is one of the major big name builders. May be if you or soliciter can talk with your builder and mutually end the contract think that will be the best solution. Re: Cancelling build contract before any work is done. 4May 19, 2020 1:19 pm KameGame I am no expert but looking at my own contract, you cannot cancel a Build contract unless the Builder is in breach. There is no clause to end a contract due to change of mind. The contract could also be ended due to issues with planning approval, plan variations etc in which case the builder is entitled to 20%(or as stated) of the contract price. I reckon it's best to approach a solicitor to seek advice. great answer 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: Cancelling build contract before any work is done. 5May 19, 2020 1:26 pm building-expert KameGame I am no expert but looking at my own contract, you cannot cancel a Build contract unless the Builder is in breach. There is no clause to end a contract due to change of mind. The contract could also be ended due to issues with planning approval, plan variations etc in which case the builder is entitled to 20%(or as stated) of the contract price. I reckon it's best to approach a solicitor to seek advice. great answer What if you can no longer afford the build as 2.5 years later life circumstances have changed? Re: Cancelling build contract before any work is done. 6May 19, 2020 1:41 pm Chewbac building-expert KameGame I am no expert but looking at my own contract, you cannot cancel a Build contract unless the Builder is in breach. There is no clause to end a contract due to change of mind. The contract could also be ended due to issues with planning approval, plan variations etc in which case the builder is entitled to 20%(or as stated) of the contract price. I reckon it's best to approach a solicitor to seek advice. great answer What if you can no longer afford the build as 2.5 years later life circumstances have changed? Unfortunately the HIA contracts are heavily on the builder's side. This is precisely why you need to have a contract reviewed with a solicitor/building inspector so they can advise on the risks. Given how pushy (aka d0dgy) the builders are, they may look at this opportunity to make some free cash even-though no work carried out. Like I said before, the best bet would be go via a qualified solicitor. Re: Cancelling build contract before any work is done. 9May 19, 2020 9:26 pm Sound advice. A experienced building solicitor with reduce your stress and risk of making an expensive mistake. They will be a cool strategic head, and will know all the builders tactics. The will work with you to develop a strategy and specific actions to negotiate the best result for your circumstance. It can be effective to send to speak with and the letters yourself with the solicitor checking them in the background, sort of a less formal 'iron fist in a velvet glove' approach. Your builder may cooperate if you 'play a straight bat' and don't escalate, approaching the negotiation cooperatively in this way. Give the builder a reasonable opportunity to do the right thing. Your solicitor will recommend the best approach, however. Expect them to cost about $500 per hour. 1) I had requested R6 ceiling insualtion batts, however I noticed that on some areas there are huge gaps which will allow hot air to sweep in, and also noticed black/grey… 0 3585 I am in the same situation, would you be able to give some insights in to this? I am in SA 8 17012 Thank you so much everyone. This all makes a lot of sense. I guess when you talk to a builder who butters up everything to look very polished, you get to start believing… 7 17517 |