Browse Forums Owner Builder Forum 1 Aug 11, 2021 10:58 pm Hi guys, I would like to ask for some advice. Has anyone opt out from a HIA contract before? Currently at the stage where I’ve signed the contract, layout and paid the preliminary deposit. Haven’t heard back from the builder and no prestart has been done yet. As far as I know the layout might not be approve due to it’s not compliant. Re: Terminating contract 2Aug 12, 2021 12:37 pm Hey Dydx88 Welcome to the forum Unfortunately, all contracts MBA and HIA favour the builders. You will need to contact a lawyer, terminating a building contract is fraught with difficulties, risk and huge costs. OT I doubt any builder will let you off lightly... imo gohard and quick.... costs are mounting monthly Goodluck Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs Re: Terminating contract 3Aug 18, 2021 7:43 pm Dydx88 Hi guys, I would like to ask for some advice. Has anyone opt out from a HIA contract before? Currently at the stage where I’ve signed the contract, layout and paid the preliminary deposit. Haven’t heard back from the builder and no prestart has been done yet. As far as I know the layout might not be approve due to it’s not compliant. Hi dydx88 You should refer to your contract. It will specify the events and circumstances that gives rise to either parties’ entitlement to terminate the contract. Cheers John Dela Cruz Get sound legal advice. We manage Building Disputes, Construction Contracts, Security of Payment. PM for queries. https://www.contractsspecialist.com.au/articles/ Re: Terminating contract 4Aug 18, 2021 8:09 pm Three issues here If you have signed domestic Building contract and paid the full deposit then you are bound by the contract. However if you only signed a preliminary contract for soil tests and plans then you may be able to get out but in all cases get legal advice. Second issue: Do you really want to do that? I have heard of builders cancelling valid contracts and refunding deposits because they can no longer build for the contracted price. Thirdly, what will you do? Do you think there is another builder just twiddling waiting for you. Builder have never been busier and prices of everything are skyrocketing. Even if you find another one, it won't be faster or cheaper but more likely a financial disaster for you. Take a cold shower and think carefully. 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 Hi Tracey, you have taken too long to react to your builder's wrongdoing and are now left in a vulnerable position. Fighting the builder legally will cost big bucks and if… 4 2262 You talk about deletions, are they variations or PS and PC adjustments? pleas list them 1 16442 Been in a similar position and we decided to let the builder go. Some of the PSA money goes to engineering so we at least got those documents and they actually refunded us… 2 6013 |