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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44323
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I have a question. I signed a contract for painting work but

Customer Question

Hi there,
I have a question. I signed a contract for painting work but now they require waterproofing work which causes spend more time to do it as application of the material requires different coating and need to spend more money to pay my workers.
Can I terminate the contract based on untrue from them.
Submitted: 12 months ago.
Category: Australia Law
Customer: replied 12 months ago.
Hi thereI really need the answer now so if you can email me please it in 10 minutes but if you can't and will do it tomorrow I need to cancel it.
Let me know.
Also I want only one time advice so I do not want pay any more for it and for something else if so.Regards
Expert:  Leon replied 12 months ago.

Good Evening

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise but a guide to assist you. Do you have the contract

Customer: replied 12 months ago.
I have
Expert:  Leon replied 12 months ago.

Can you email it me to***@******.***

Customer: replied 12 months ago.
Hi Leon,I have sent the copy of the contract to the email as above.
Expert:  Leon replied 12 months ago.

I will get back to you when I receive it.

Expert:  Leon replied 11 months ago.

Good Morning.

are you the subcontractor?

Customer: replied 11 months ago.
Expert:  Leon replied 11 months ago.

The only thing I can find is that they can terminate if you default.

Has the contract work commenced?

Customer: replied 11 months ago.
Hello Leon,I did not default, my quality of work is perfect and no one complain but I want to leave the work because I have done more than the contract says and actually I should do a painting work based on the contract, but they required from me a waterproofing work.
I agreed painting work so the amount of the contract is less if I would do a waterproofing work what is much expenses.
Now I spent more time and money since 2 weeks as I did the work based on the client requirement.
On the site is a project manager from different company ( the client who gave contract to my contractor and they gae me as suby) who requires a waterproofing work but I said that I have a painting work so he says that he would not accept it. I have already discussion with my contractor who gave me the job and thay say that I must do a painting work but my concern is that if the work will be done as I got in contract the project manager won't be accepted the job so I can stay with nothing. My question is what rihts I got based on mu contract.
Hope it is clear for you.
Customer: replied 11 months ago.
Sorry I forgot say that the contract commenced 2 weeks ago
Customer: replied 11 months ago.
HelloSo what next?
I am waiting for you info !!
Expert:  Leon replied 11 months ago.

Good Afternoon

Have you started the work? What is the issue?

The contract does not give you right to terminate only the other side can terminate because of your default and they an sue you for the default.

Customer: replied 11 months ago.
Hello Leon,Yes we started the work.
The issue is that they want to use me to do more work which is different work in regards ***** ***** of the material.
I should do painting work but they want me to do a waterproofing work.
This is it what sys law so I do not have any rights??
What about a fact and arguments that I have been used by them?
I explainted to you already in last post the situation on the site.
So only people who are giving you job are fine even strech conditions inconsistent with agreement, but people like me not mportant?
Plz let me know what is your specific answer
Expert:  Leon replied 11 months ago.

Good Evening.

If they are wanting you to do work that is not part of the contract they are in breach but there is nothing in it to say what happens if that is a breach.

You do not have to do anything more than the contract says and you can argue that they are in breach. If you agree with the changes then you have agreed to the variation and you are stuck with it.

So you have to advise them that you are not making any changes and if they are not honouring the contract it is void.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

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