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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22150
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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We are building a new house and our builder has taken more

Customer Question

hi, we are building a new house and our builder has taken more than one year and it is still not complete ..they have also taken the payment in advance ..also the work they have done is not up to the standard,,they dont answer our phone calls when we want to talk to them..can you help
Submitted: 5 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 5 months ago.
You have very good remedies under the Construction Contracts Act. If the house has ta***** *****er than you expected, you have a number of remedies starting with placing them on notice that the contract must be completed by a date you specify. You can then state that if they do not complete by that date you will apply a penalty and/or cancel the contract. You should also brief and experienced builder, who should be a licensed building practitioner, to look at the work which has been done and prepare a report. This will give you an indication of what is needed and the cost to remedy the inadequate work. You should then put this report to the builder and require him to undertake the remedial work. If he refuses to do so or just does not contact you or avoids you, it may be time to cancel the contract and claim the remedial costs and the costs of delay. You can get construction adjudication through the Construction Contracts Act, which will be a fairly quick remedy, because the whole process can take under a month from starting an adjudication through to the result. Some people do this themselves, but if you are not confident in these matters I would recommend that you use a lawyer who is familiar with construction contracts.

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