Problem / challenge faced
Clients were retirees who recently purchased a residential property in Queensland and engaged a builder under a standard for HIA contract to carry out certain renovation works to their property.
The builder completed some of the renovation works, however the clients identified a number of defects and incomplete items. The builder was not responding to their requests to rectify the defects and complete the works.
Solution provided
Immediately and proactively took steps to assist the client including:
- Engaging a builder to inspect the building work and prepare an expert defects report; and
- Issuing a notice to remedy breach to the builder requiring the builder to rectify the defective work within the time prescribed under the HIA contract, including giving a copy of the expert defects report.
Results achieved
The builder engaged a solicitor and provided their response to the notice to remedy breach. After we assisted with negotiations between the parties, the builder agreed to rectify the defects and complete the unfinished work at no extra cost to the clients.
