Building & Construction Law FAQ - I have design reservations but no one will listen?
Date: March 03, 2011
Q. I went to a large well known building company which is involved in the design and construction of luxury homes. Some years ago I obtained a DA but construction has still not gone ahead as I had some reservations on the design. I have had a number of conversations with them and nobody seems to want to do what I want. What should I do in the circumstances?
A. There are a number of choices available to you including the following:
- Find another builder.
- Negotiate with your current builder to find a satisfactory way of having your instructions carried out.
- Buy the plans from them and have another builder do the building work for you.
- If you have signed a building contract with them then seek specific performance.
- If there are misrepresentations involved then pursue your remedies at law.
- If there are any breaches of the Home Building Act, Trade Practices Act or any other Act then pursue your remedies there.
