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We are a project homes building company, signed a building…

Customer Question
We are a project...

We are a project homes building company, signed a building contract to construct a skeleton dwelling, owner completed fit out sold the property after 6 month. New buyer is claiming defects against work we have not completed

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Are we liable, we are in NSW

Lawyer's Assistant: Has any paperwork been filed?

We have a building contract with the 1st owner for work completed (no defects)

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We require legal advice if we are or not liable

Submitted: 8 months ago.Category: Australia Law
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Answered in 5 minutes by:
11/16/2017
Solicitor: John Melis, Lawyer replied 8 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,327
Experience: Principal Lawyer at Legal AU Pty Ltd
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Dear customer, my name is***** solicitor, thank you for using Just Answer, I will assist with your question today. Please allow me a few moments to review your post and I will respond accordingly. Kind regards ***** *****

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Solicitor: John Melis, Lawyer replied 8 months ago

Does the building contract you have allow the assignment of right across to the new owners of the property ?

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Solicitor: John Melis, Lawyer replied 8 months ago

Ok.

What type of defects are the second owners claiming ?

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Customer reply replied 8 months ago
For finishing work done by the 1st owner, Tiling, Painting, fixing.
Our building contract with 1st owner was for skeleton work only (slab, frame, roof, bricks)
Customer reply replied 8 months ago
No defects claimed against the work we completed as per building contract with 1st owner
Solicitor: John Melis, Lawyer replied 8 months ago

ok.

So what is going to happen is that the 2nd owner is going to sue you and you will then need to sue the first owner.

But you can stop this occurring by raising notice to the 2nd owner.

I have extended a special offer to talk on the telephone if you prefer ?

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Customer reply replied 8 months ago
What do you mean by raising notice to the 2nd owner
Solicitor: John Melis, Lawyer replied 8 months ago

You need to put them under notice in relation to the terms of the building contract with the first owner and what was completed at handover, and which points became the owners responsibility. This is a technical legal letter that needs to be issued.

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Customer reply replied 8 months ago
great then they can not sue us? if yes can you issue this notice
Solicitor: John Melis, Lawyer replied 8 months ago

This will depend on how good the lawyer's letter is.

If you like I can explain in further detail by telephone?

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Customer reply replied 8 months ago
Can you issue this letter and are you a good lawyer (i can't talk)
Solicitor: John Melis, Lawyer replied 8 months ago

I have sent you a special offer to talk on the telephone if you prefer ? Please accept the offer for the numbers to be displayed.

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Customer reply replied 8 months ago
i can't talk)
Solicitor: John Melis, Lawyer replied 8 months ago

Ok. When you have time you can call me after you have accepted the offer if you prefer .

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Customer reply replied 8 months ago
much prefer txt
Customer reply replied 8 months ago
Can you issue this letter and are you a good lawyer
Customer reply replied 8 months ago
how much will cost?
Solicitor: John Melis, Lawyer replied 8 months ago

Yes to both your questions.

I will need to discuss the details once I talk to you as there are many questions that need to be raised in relation to the design and build.

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Customer reply replied 8 months ago
How much this letter will cost ?
Customer reply replied 8 months ago
Happy to send u a copy of the building contract and also defects (clearly not included in the building contract)
Solicitor: John Melis, Lawyer replied 8 months ago

I cannot tell you the cost until I can discuss in detail what the issues are in in relation to the build, design and first owner.

If you accept the phone offer to talk it will be a more cost effective than visiting a lawyer in their office.

Do the math, look at the offer and then see what a lawyer charges in their office.

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Customer reply replied 8 months ago
Simple: Building contract included Slab, Frame, roof and brick work according to the design and approved plans. We completed the work and handover to the owner.
Owner completed painting, tiling, electrical, lock up.. Sold the house 3 month later as is. (non of this work included in the building contract).
New owner sue us for defects for work completed by owner not by usYou said you need to draft a notice. How much this notice will cost to produce to 2nd owner.I can email me any details to require.
Solicitor: John Melis, Lawyer replied 8 months ago

This draft notice will need to refer to many technical aspects of the design, the building contract of the first owner, and the issues that have been raised in the complaint to you.

Its not just a simple letter, it needs to be done carefully to ensure the legal aspects stands relevant to the claim made.

In important matters like this it is crucial to get it right from the start. Just like seeking a doctor, they need to run tests to find the key issues. The lawyer does the same with the evidence that is available.

The important step is to talk on the phone next to narrow the issues down.

I welcome you to consider this option as it cost effective to you.

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Customer reply replied 8 months ago
As said before prefer TXT. that carefully letter to cover all legal aspects How much will cost me ???
Solicitor: John Melis, Lawyer replied 8 months ago

Ok.

[1] send me all the design drawings.

[2] Engineering drawings.

[3] Any variations

[4] copy of occupancy certificate

[5] copy of surveyor reports

[6] copy of handover sheet

[7] copy of complaint

[8] pictures of the completed design.

[9] copy of building contract

After you send me all these details I will then be able to advise the price.

Alternatively, it would be easier to discuss by telephone.

But chat ok as requested.

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Customer reply replied 8 months ago
What is your email address
Solicitor: John Melis, Lawyer replied 8 months ago

After you accept the telephone call this information can be provided.

Alternatively, you can upload all the content to this public forum and I will review it accordingly.

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