Below is a list of common disputes encountered by many house and strata property owners, and builders. If you can relate to one of these disputes and need assistance, contact me for advice.
House additions
and alterations
The property has a contract with builders to carry out additions and alterations to their home. The builder recommends a cost-plus contract. What should the home owners consider before signing the contract?
Builder progress
payments
The builder refuses to do any more work until the home owners pay a progress payment. The home owners believes the progress payment is not due, and that some of the works carried out are defective. The builder believes he had built a quality product and is entitled to payment under the contract. What should the home owner do and what should the builder do?
Payment for
additional works
The home owner comes to the end of a contract for the construction of their home and is given an invoice for a sum over and above the contract price for a large sum for additional works. What recourse does the home owner have? What remedies are available to the builder?
Leaking unit
roof
The home owner owns a unit in a strata block. Water comes in through the ceiling and/or windows when it rains. What course should the unit owner take?
Neighbour
encroachment
The home owner owns a garden flat in a unit block. A mature tree, planted over the boundary, is encroaching onto her balcony. What course of action should the garden flat owner take?
A home owner has subdivided his block and constructed, at great expense, a driveway over which he has granted a right of way to his neighbour. During the course of the neighbour’s build the driveway is damaged. What can the home owner do? What can the neighbour do?
Do you need building construction dispute resolution advice?
Clare Peacock is an experienced construction lawyer working on Sydney’s Northern Beaches. Clare provides practical, efficient and efficient service to builders, sub-contractors, property owners and strata managers.