Month: November 2016

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December Seminar

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SPECIAL INVITATION

We’re holding a special seminar where we’ll discuss the benefits of having a Will and Powers of Attorney in place – and what can happen if you do not.

We’ll show you a number of areas people often overlook in their wills, which leads to additional stress, heartache and financial loss for their families. We see these oversights happen on a regular basis – but they are easily avoided. We’ll show you how.

The seminar is FREE to attend – and there are only SIX spaces available.

WHEN: Wednesday, 21 December 2016 from 6pm to 6.30pm.
WHERE: 308 Highett Rd, Highett VIC 3190

Bookings essential! 

To confirm your seat, simply call our office on 9555-7233

OR

Send us an email via our “Contact Us” page.

If you know someone who should attend this seminar – SHARE this invitation with them by clicking here!

How do you prove an agreement to vary (or make an alteration) to a contract?

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The short answer is to keep written records, including text messages, emails and snail mail. Oral agreements are just as valid as written agreements are however, you need to have something which can be produced that identifies the date, the time and the content of the agreement/alteration. If you keep a diary, write out the agreement in your diary, have everyone sign it and then give everyone a copy of it.

The Domestic Building Contracts Act 1995 (Vic) requires a process to be followed to vary plans or specifications. This includes moving a doorway, changing a colour, size of a tile, changing a brand of fixtures, lights, handles, taps, flooring, colour of render, type of brick, or anything relevant to the way the is construction to take place or to have items excluded from the contract.

But what about other changes to an agreement – including time?

Extensions of time for completion of a contract, or suspension of the building works for a particular reason, are discreet provisions in standard industry produced contracts. However, because they are standard terms, many people do not appreciate their importance. You need to understand these provisions effectively.

In summary, both builders and property owners need documented records to prove the terms or variation of the contract.

Speak with us for more details here or call 9555-7233.

 

This article provides information that is general in nature and is not a substitute for legal advice.

Owners making a claim under the Builders Warranty Insurance (BWI)

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When you undertake a building project, you expect the builder to see to the project until it is completed. However, if your builder becomes insolvent, dies or disappears, it is not the end of your project!

A Ministerial Order issued in May 2003 pursuant to the Building Act 1993, provides for the conditions upon which a Builder can undertake domestic construction. Specifically, it provides for obtaining and providing to the owner Builders Warranty Insurance (BWI). This provides insurance for owners to make a claim if their builder is insolvent, disappears or dies. Recently there has been a change to the Order that also provides for a claim by the Insurer to be accepted if an owner obtained a Tribunal’s order against their Builder and that Builder has refused to comply with the Order.

You should have BWI if your domestic building contract is for construction (or alteration) of a dwelling for a value that is more than $16,000 (since 16 June 2016). Prior to this date, BWI applied to any Domestic Building Work that was over $12,000.

Who arranges BWI?

The builder should arrange and pay for BWI before you pay them any money, including any deposit, under the Domestic Building Contract (the contract).

The insurer will send you the certificate and policy once the cover is obtained. It is important to check that the amount of the building works in the certificate is the same as the amount in the contract, and the name of the builder is the same in the certificate as the one stated in the contract.

What are limitations of BWI?

The amount claimable under BWI is limited. The time to make a claim is also limited to 6.5 years of the date the certificate of occupancy or certificate of final inspection is issued.

Within that time, if your individual builder dies or disappears, and you incur increased costs to finish the dwelling, you should make a claim under the BWI. We can help you prepare your claim.

 

What if you do not receive your payments from BWI?

Not only can we help you make the claim for payment of your entitlements pursuant to the BWI, we can also help you with VCAT proceedings to review any Insurer’s decision that rejects your claim.

 

For more information, call us on 9555-7233.

 

This article provides information that is general in nature and is not a substitute for legal advice.