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Question

I have tried to cancel a signed contract for a 'sunroom' because of confusing company directions. The company is now putting it in the hands of their solicitors.

Submitted: 90 days and 14 hours ago.
Category: Australia Law
Value: $36
Status: CLOSED
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Posted by Alex 90 days and 14 hours ago.

Info Request

What state of Australia?

 

How much is the contract valued at?

 

How much work has this company done so far?

 

What are the confusing things you have been told?

90 days and 14 hours ago.

Reply

South Australia. Contract value $21,125, but $700+ already spent on Council fees and so on. The Company has measured and quoted, no actual work done on site.

I was not told that a nearby garden bed had to be relocated in order for their panels to be installed until quite late, months into the waiting time. In order to do so I am trying to replace the retaining wall at their request (at 67yrs, in the heat), personally dragging sleepers, digging soil and barrowing, laying cement blocks etc. This could have been done earlier in the winter if only they had told me, and I would have had more time to work. They have offered to delay the contract to next year, but that doesn't help me in this heat, working alone and no way to get help. They have also offered to make the 'room' narrower, but that defeats the original purpose.

Accepted Answer

Okay, thanks for that additional information.

 

As the contract has been signed, and there hasn't been a material breach on their part, I think you would have difficulty getting the contract set aside.

 

Accordingly, your best bet here is to see a lawyer yourself (as they seem to be prepared to sue you over this), and have your lawyer write their a letter stating your concerns - ie. the relocation of the garden bed.

 

As there hasn't been very much work commenced so far, they may be willing to abandon the contract, or at least make signigicant concessions.

 

But you have to understand, in my view, based on what you have said above, I don't think you're on the strongest footing here. Fenwick Elliot and Grace are a decent Adelaide based construction law firm who could probably assist here if you don't have a lawyer of your own.

 

I realize that this answer may not be entirely to your liking, and I regret being the bearer of information that you really don't want to hear. But it would be unfair to you and unprofessional of me if I were to provide you with anything less than truthful and honest information. As such, if my answer has been helpful or informative to you, even if it wasn't necessarily what you wanted to hear, please hit the Accept button.

Alex40128.1495015394

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Expert: Alex
Pos. Feedback: 99.5 %
Accepts: 1938
Answered: 11/11/2009

Lawyer

I did my law degree at the University of Queensland, and am a practising solicitor in Brisbane.

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