My parents are currently building a single residential investment property and are experiencing issues with the builder. The builder commenced building the property in August 2010 and provided a final end date that the property would be completed. This end date has been and gone (several months ago) and there is still quite a lot of work to be done. My parents have been very active in their communication with the builder throughout the process and he continues to make excuses. They checked on the property last week and still no further work had been done, and when they called the builder his wife answered and advised he's currently overseas for a few weeks.
My parents budgeted holding costs are now effected because the property should have been rented out by now.As this builder has broken the contract terms and doesn't seem to be doing much about it, my parents are thinking of seeking legal advice. Has anyone else had any experience with this situation and can anyone recommend any decent property lawyers in Melbourne?
Thanks for your help, Cheers!
in most building contracts a daily penalty amount should have been negotiated to compensate for a certain amount of interest when the builder goes over his quoted time.
definitely time for a lawyer/solicitor to put pressure on the builder here but I cant recommend any.
The builder should be running at a loss until he receives your final payment as an incentive for him to finish the job. If they cant finish the house they may be heading to liquidation…not to freak you out! but definitely get pressure on them. Firstly try calling them and saying that if they dont get it done ASAP that you will be placing them into liquidation as a part of your compensation.
bit of a bluff but they dont sound too smart so try it first then call a lawyer ASAP.
Read your contract, contact vcat & familiarise yourself with the steps which can be taken either to compel the builder to complete or repudiate the contract.
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