Our client was a frail, 67 year old lady for whom English was her second language. She had entered into a standard form of contract with a builder for the construction of a house.

Our client contacted us after the builder had issued her with a notice to remedy alleged “substantial breaches” of the contract for the most petty of complaints. The notice asserted that the builder was suspending works and could exercise his right to end the contract. The builder was refusing to communicate with our client and had already begun removing materials from the work site.

Upon reviewing the contract, it became apparent to us that the builder had unlawfully amended the prescribed payment schedule in the contract causing our client to continually overpay progress payment amounts well above what was legal for each stage of construction, and had also been charging more than the legal 10% for GST for each payment.

The contract entitled the builder to terminate the contract if the alleged “substantial breaches” were not rectified within 10 days. It appeared to us that it was the builder’s intention to terminate the contract and walk away with the overpayment windfall, leaving our client out of pocket with an incomplete house.   Our client’s primary concerns were to have the work completed, and to not get ripped off.

So What Happened?

To defeat the builder’s attempt to terminate the contract, we advised our client to immediately apply to the Queensland Civil and Administrative Tribunal (“QCAT“) to dispute the builder’s right to terminate, because the contract stated that the builder had no right to terminate the contract if the application was made to QCAT within 5 days of our client receiving the notice to remedy the breach. Our client had approached us with only 1 day left to apply.

We prepared and lodged the application with QCAT, disputing the alleged breaches and highlighting the unlawful amendments to the schedule, the overpayments and the GST issue. The builder was forced to engage his own lawyer, and then the dispute was quickly and cheaply settled between the parties on terms advantageous to our client, which included the completion of the works.

How We Can Help

For practical advice regarding the termination of a building contract, or if you are on the receiving end of a wrongful termination of a building contract, call Quinn & Scattini Lawyers. We are ready to step in to assist you.

Contact Us

Get the best representation. Contact Quinn & Scattini Lawyers on 1800 999 529, email mail@rmold.newwebsite.live, or submit an enquiry below.

We are available to meet with you at any of our local offices (Brisbane, Gold Coast, Beenleigh, Cleveland and Jimboomba) or by telephone or video-conference.

This article is for your information and interest only. It is not intended to be comprehensive, and it does not constitute and must not be relied on as legal advice. You must seek specific advice tailored to your circumstances.