Builder appointed to do renovations at house. NHBRC registered with family member. List of work needed to be done signed by both parties, as annexure to quotation. Due to circumstances at work as well as the fact that new tenants must occupy the property where we are staying now by the end of June 2012, we have to move back to our own house. House now not yet completed and quality of work not up to standard. Due to pressure put on us to complete work, all funds originally committed to had been paid over by us in full. Where does it leave us and what recourse is available to us? We have to move but have no place to stay and who will pay for it and transport to move our belongings? PLEASE ASSIST?
Have no idea where to turn to?
Thank you for using just answer.
I have a few questions.
1. Was 'n time limit placed on the construction.
2. Please explain your Fraze "NHBRC registered with family member"
I equerry await your reply
The builder verbally agreed to complete within two months so that sufficient time will be available during June to do last minute touch up and cleaning and allow us time to move in, as we do not make use of a furniture removal company due to the cost thereof.
,The builder verbally agreed to complete within two months so that sufficient time will be available during June to do last minute touch up and cleaning and allow us time to move in, as we do not make use of a furniture removal company due to the cost thereof.
I understand the urgency and expense you are going through. Before i have to start situations you find yourself is one of the most freuqent and difficult matters to handle.
The NHBRC warranty cover consumers against major and defined structural defects for a period of up to five years, listening to your facts it has more to do with the finishing of the home.
The princples is simple you have to mitigate your damages meaning keep the damages to the limit. The problem is that he did not furfill his contract and as a NHBRC member a written contract would have helped.
If the work is not up to standard then he is going to have to repair it. You need to keep a site book that discuss this problems with him and that he signs next to it of what you are unhappy about. IF he does not want to sign send him email stating your problems and the discussion of the day. The reason is that this will be used as evidence.
Your options is two fold.
If you move in. Go through the house with the builder. It is ok to move (if possible) in as the advantages of moving in seems to be more than you staying in other premises. Moving in does not say you consent. He has to come and repair the inferior workmanship.
You are in a difficult situation. However you the builder will be liable for not being in time. The cost of staying in other house may be claimed from him as he is effective reason and so also the cost of moving to an other house. This will have to be managed as he may leave the project early which means you will have to get someone else to finish and that cost will you have to pay before sueing him for that. If you decide on this option before you remove him take photos. Lots and lots of photos. Get an independent person before the new builder starts to ascertain the completion and the workmanship.
You have different recourse for each decision. I trust the answer is helpfull.
On enquiry with NHBRC, I was told that they do not provide assistance on any building renovations - only newly built properties. Expected to at least have that cleared on paying a considerable fee for a legal opinion?
I do not think you are acting unreasonable.
You as client should expect reasonable workmanship and you are paying for it. The problem i foresee is with the additional work. If no quotation was done you may have a problem coming paying time as no agreement on price was reached. I do suggest not to pay anything further until your happy. He probably not going to give you access to your home. so i do suggest play him by moving in and then discuss payment. Remember he has retention until payment.
Do you have any further questions
BProc, LLB and MBA
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).