Hi Everyone,
I contracted a building contractor in QLD for some renovations for an IP. As I am in VIC, I stated my Property Manager as my Authorised Rep in the "Schedule for Minor Works Contract".
Long story cut short, the work was to start in Nov and was to complete by 22 Dec as stated as the "Date for Practical Completion". No expected items possibly causing delays was stipulated in the contract.
Work started one week later than planned. It 'finished' Christmas Eve but quite a few defects were found against what was agreed. They came back out in the first week of the new year to fix the defects. Some were fixed, some new defects resulted from the fixes.
The biggest issue is the floor was suppose to be polished and defects fixed but they aren't and are dull and a cracked floorboard still exists........and this is after their 2nd attempt over a week ago.
I have paid the agreed staged payments on time and even paid a large portion of the remaining 50% balance to assist with their cashflow....intentionally keeping $2000 to cover the remaining defects.
The building contractor has not replied to our latest communication nearly a week ago. Not replying to phone calls from me or my PM either.
Where do I stand as this work was suppose to be fully completed by 22 December and the building contractor is now not replying to comms?
I wouldn't mind spending the remaining balance with someone else to fix the remaining issues but don't know if I'm still bound to the contract......or whether I still need to pay the $2000 remaining?
I was happy with the practical completion date but also stipulated a penalty clause that stated $50 per day after 22 Jan as the property will be available for a new tenant.......therefore I can't wait for the building contractor to take their time.
I contracted a building contractor in QLD for some renovations for an IP. As I am in VIC, I stated my Property Manager as my Authorised Rep in the "Schedule for Minor Works Contract".
Long story cut short, the work was to start in Nov and was to complete by 22 Dec as stated as the "Date for Practical Completion". No expected items possibly causing delays was stipulated in the contract.
Work started one week later than planned. It 'finished' Christmas Eve but quite a few defects were found against what was agreed. They came back out in the first week of the new year to fix the defects. Some were fixed, some new defects resulted from the fixes.
The biggest issue is the floor was suppose to be polished and defects fixed but they aren't and are dull and a cracked floorboard still exists........and this is after their 2nd attempt over a week ago.
I have paid the agreed staged payments on time and even paid a large portion of the remaining 50% balance to assist with their cashflow....intentionally keeping $2000 to cover the remaining defects.
The building contractor has not replied to our latest communication nearly a week ago. Not replying to phone calls from me or my PM either.
Where do I stand as this work was suppose to be fully completed by 22 December and the building contractor is now not replying to comms?
I wouldn't mind spending the remaining balance with someone else to fix the remaining issues but don't know if I'm still bound to the contract......or whether I still need to pay the $2000 remaining?
I was happy with the practical completion date but also stipulated a penalty clause that stated $50 per day after 22 Jan as the property will be available for a new tenant.......therefore I can't wait for the building contractor to take their time.
