Hi all,
I have searched for a similar issue on here but cannot find an answer to my dilemma.
Here goes. I have a property which was demolished and a subdivision torrens title development application has been almost completed. The end result at the moment is two seperate houses built with interim occupancy certificate, though still on one land title as the subdivision cannot yet be completed due to final occupancy not yet being issued due to some outstandinig certificates.
I am the registered owner builder, my brother has a building license and he wanted to construct the properties, basically as a supervisor to the project. He did not not do the building himself, rather employed people to complete different aspects of the construction. He did complete some of the maunal labour though. At the end of the project, before he had handed over certificates to me for final occupancy, he demanded I sign over to him my quarter share in a property of which he half owns and I pay him a sum of money. This arrangement I never agreed to as it was an excessive amount of money. Anyway as a backup he had me sign a stat dec I would pay him moneys for his work on the project, which I do not have an issue with, except sdsome things he said he would do himself, he has not, hence I am subtracting the tradesman costs of those works from his fee. He will not go for this. He also claims he has pulled approximately 5% of the building costs out of his own pocket to pay for contractors and materials. He has been unwilling to subtract from his fee the costs of contractors for works he said he would do in the stat dec but did not do. He is with holding certificates so we cannot get final occupancy. He has now placed a caveat on the property.
My question is, does he have a caveatable interest in the property? THe money he says he put into the project he cannot show receipts for. The moneys owed to him for his services I am happy to pay, but at a reduced rate to reflect works he actually carried out. I am lodging a lapsing notice through my solicitor to remove the caveat.
I have searched for a similar issue on here but cannot find an answer to my dilemma.
Here goes. I have a property which was demolished and a subdivision torrens title development application has been almost completed. The end result at the moment is two seperate houses built with interim occupancy certificate, though still on one land title as the subdivision cannot yet be completed due to final occupancy not yet being issued due to some outstandinig certificates.
I am the registered owner builder, my brother has a building license and he wanted to construct the properties, basically as a supervisor to the project. He did not not do the building himself, rather employed people to complete different aspects of the construction. He did complete some of the maunal labour though. At the end of the project, before he had handed over certificates to me for final occupancy, he demanded I sign over to him my quarter share in a property of which he half owns and I pay him a sum of money. This arrangement I never agreed to as it was an excessive amount of money. Anyway as a backup he had me sign a stat dec I would pay him moneys for his work on the project, which I do not have an issue with, except sdsome things he said he would do himself, he has not, hence I am subtracting the tradesman costs of those works from his fee. He will not go for this. He also claims he has pulled approximately 5% of the building costs out of his own pocket to pay for contractors and materials. He has been unwilling to subtract from his fee the costs of contractors for works he said he would do in the stat dec but did not do. He is with holding certificates so we cannot get final occupancy. He has now placed a caveat on the property.
My question is, does he have a caveatable interest in the property? THe money he says he put into the project he cannot show receipts for. The moneys owed to him for his services I am happy to pay, but at a reduced rate to reflect works he actually carried out. I am lodging a lapsing notice through my solicitor to remove the caveat.
