Ensure the contract is administered in accordance with all the clauses. If you must claim an extension of time in the contract, do so. If you must obtain a signed variation prior to work commencing, do so.
Don’t leave everything to the final account and expect to get paid on time.
Because you get on well at the start doesn’t mean it’ll end well if a difference arises.
Good friends can become bad enemies.
You can either comply with the order or appeal the decision in the SAT. This case was brought by the new owner against the builder (the License holder) who in turn pointed blame at the tradesman. The Building Commission’s Registered Builder advised the officer (ex-police) that the person responsible was the person on the Building License but the officer disagreed and issued the order against the tradesman. The tradesman thought he was on a no-win so contacted us and we appealed the decision.
It wasn’t a straightforward process as it was frustrated along the way by the new owner constantly coming up with new arguments.
The case was awarded against the previous owner.
Both the pre-owner and builder were legally represented and so paid their own costs.
This is an email I sent to the new owner advising him of the likely outcome. (7 months earlier)
I CC’d the previous owner and builder because it was silly to be arguing over such a petty amount.
Neither party took my advice.
It cost them dearly and wasted a lot of time.
If the BC had done their job properly and issued the BRO to the correct entity none of what transpired would have happened.
It resulted in clarifications to the Building Act 2011 and is now a legal precedent.
The SAT order as predicted.
Builder’s membership fees against tax payer’s dollars.
What a system?
For this proceess you can forward me all the communication and the BRO. If it can dealt with whilst it is still at the Commision all the better. If so we’ll need a site meeting, if not it can only be appealed to the SAT.
For this process there may be more emphasis on documents than workmanship but it is still the same work.
You will need to lodge an application with the SAT when I have all the facts.
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