Building & Construction Law FAQ - My builder lied about obtaining covenants. Can you help?
Date: March 03, 2011
Q. I have entered into an HIA building contract for a modular home to be designed and constructed by the supplier. The house was to be built on an estate which has certain covenants governing the type of construction allowed there. The manufacturer, supplier and the builder are one and the same and they have indicated at all times they would be able to obtain all the necessary consents allowing my home to be built there. Despite this council has served me with a notice indicating that as I do not have the relevant consents I am not at liberty to proceed with construction. What can I do and can you help me?
A. Yes. What you need to do is to obtain competent legal advice. The lawyer will serve a notice of termination on the supplier, seek to have all monies expended on the project returned to you and provided the circumstances warrant it seek damages for negligence at common law and/or under the Trade Practices Act for misleading and deceptive conduct.
