Buliding Lawyer needed to confirm the liquidation damage

[Project M]

Would any one know a good buliding lawyer to recommend in Melbourne?

My bulider delayed the handover date by three months and we will need to determine what would be a reasonable liquidation damage given that he was in hospital for three weeks for operation and rehab for another three weeks.

Many thanks for your help.

 

[lizzie]

your builder was in hospital for something very serious (3 weeks is a loooong time) and spent another 3 weeks learning how to get on with his life again ... after which he still wouldn't be 100% by a long shot.

so - he spent 6 weeks completely out of action and probably still very ill afterwards, yet managed to get you property delivered to you only 12 weeks late .... and you want to send him to the wall through liquidation?

how severe was your financial loss from this that you would destroy someone's livlihood?

sheesh - hope you never get sick.

 

[JoshyBoi]

Agree with Lizzie but hope its not as extreme as she makes out...

I assume you mean liquidated damages? As in, essentially, your lost profits from not having it ready on time - have you read your contract to identify:

a) whether you are entitled to liquidated damages? and in what circumstances?

b) whether there is a cap on liquidated damages (either a periodic or total cap)? and if so, whether it is worth pursuing it given the costs?

 

[akiwinut]

we will need to determine what would be a reasonable liquidation damage

It will be whatever is in your contract with the builder, if you haven't amended the contract and are using a standard HIA or similar contract(from memory) its $1/day.

No expensive lawyer required...

 

[Project M]

I am reluctant to impose any request to builder given his condition but I suffered substantial loss as well and the builder was not frank about the completion date and talking Oct finish when we were in Sep; talking Nov finish when we were in Oct...

I think I always sympathise him that why I put his reasoning in the post but not mine so it became a one sided story. Not a smart move from y end.

Thank you for the replies which at least consider a balanced approach.

 

[NBS]

I dare say you have a contract. Master Builders

Quoted from Master Builders Qld

18.1 Owners entitlement to liquidated damages
If the builder fails to bring the works to a practical completion stage by the date for practical completion stage, the builder must pay or allow to the owner liquidated damages at the rate stated in item 18 of the schedule for a period commencing from the date for practical completion stage and ending on the day the works reach practical completion stage, or the date the owner takes possession, whichever is earlier.

18.2 Liquidated damages may be deducted from final payment
Liquidated damages may only be deducted by the owner from the final progress payment. Any deficiency may be recovered by the owner as a debt due to the owner by the builder.

Now if the builder puts in say $50.00 a day for liquidated damages you maybe able to get $4200 for the 3 months of course you will have to weigh this up with a legal fight, is it worth it in the end.

Maybe if you approach the builder and explain your situation and that you understand his however this has cost you x and try and come to a mutual amount, failing that get legal advise and a costing to chase and then double it and get a time frame and see if it is worth it.

I also agree about 3 weeks in hospital and 3 weeks to recover must have been some serious issue he had. Of course this is cold comfort when its costing you heaps of $$$ I am guessing its holding costs and accommodation
that you are talking about.

Brian

 

[RPI]

On the face of it, it would appear easier and cheaper to wear your loss and get on with your life.

If that's not an option

Read your contract, it shoud refer to delays in the fine print and have a calculation in there.

If not (unlikely but possible),
1. calculate what your actual damages were (if this was clearly defined it would help)
2. workout if there was anyway that you could have mitigated your damages and if you didn't workout what amount your actions could of reduced your damages.
3. Take 2 from 1 and you have an extremely rough idea of the figures involved.

Then is the builder a company or an individual? Was the delay caused by negilgence on their part. If the builder was an individual and not a larger coy that could have replaced the builder than you are unlikely to be able to get any damages for losses during the period that he was ill and recovering.

A good construction lawyer would be charging in excess of $500/hr plus GST for this sort of matter. If contract was not a standard form then it may take a couple of hours to assess the wording of the relevant clauses.

good luck.