Aug 30, 2008 12:39 am
My sister in law is having difficulties with her builder. They are near the end of their build, the trades refuse to come back onto site, and the builder has 95% of the progress payments.
They've started paying some of the contractors to come back on site to finish the build with the verbal agreement of the builder. Should they try and get this in writing as they're concerned they are breaking the contract in some way.
How many times can a builder delay a handover date ... surely four times is too many .
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Re: Legal advice4
Aug 30, 2008 10:43 am
They've tried the Builders Assoc. - who were not interested. They were directed to Attorney Generals (Business & Consumer Affairs) which might be the next port of call.
It's really a contractual matter so perhaps legal aid (advice line) would be a better choice .
Re: Legal advice5
Aug 30, 2008 11:31 am
It may be a good idea to get legal advice or at the very least something in writing from the builder. It seems very strange that he would be happy for you to organise trades, as if he is not interested in finishing off the build. I'm just saying be careful because not sure what impact it may have if they need to claim something on insurance later down the track or if someone gets hurt on site and the builder has not organised for them to be there. He may deny liability.
If the contract has gone past the end date then you may be able to send something in writing to him stating breach of contract, but I think a lot really depends on the contract you have. A solicitors letter should get things moving.
Having just had a builder go insolvent on us, I'm seeing warning signs here. Our trades wouldn't come back on site because they were not being paid, otherwise why wouldn't they finish the work. The fact that the builder is happy for you to pay them direct is also a bit concerning. I would seriously be getting legal advice on the matter, because otherwise it could get very messy.
Re: Legal advice6
Sep 01, 2008 10:59 am
Hi Beetle, i agree with photogirl.
Get yourself some legal advice, it is a tricky situation to be in and you want to make sure you are covered. It must be so heart breaking for them being so close....but i hope it all works out soon.
Fingers crossed for them....
Please keep us informed of how they are going?
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