Terminating HC6 Contract - NSW

Discussion in 'Legal Issues' started by Analyst11, 31st May, 2015.

  1. Analyst11

    Analyst11 Member

    31st May, 2015
    Hi guys

    I hired a Project Manager in Sydney to take charge of the entire design - subdivision - construction; pretty much the entire process for my town house projects. But he has been very unprofessional so far and i am tempted to cancel the contract. We are currently at the stage where we are speaking to the council in regards to the plans.

    We signed a HC6 new homes contract which if I'm not wrong allows either party to cancel the contract if planning and building permits are not obtained within 2 months. I think it is in section 4.2. The contract was signed all the way back in Feb 2015. We are thinking of cancelling once the permits are approved and look for someone else to build the townhouses. One of the reason why we are cancelling is he is ALWAYS a minimum of 30 mins late up to 1 hour. For EVERY SINGLE MEETING. There are many other reasons.

    http://www.bostongrp.com.au/documen...w Homes Building Contract-Edition 1-2007 .pdf

    Can someone please advise? Will we be allowed to cancel? :confused:
  2. Perp

    Perp Member

    31st Oct, 2007
    Brisbane, QLD
    What does your lawyer say?

    I am not a lawyer, but my initial concerns are:

    1) How much is the "reasonable amount" that you'd have to pay for the work done thus far? Is it an amount you're prepared to lose?

    2) You talk about cancelled "once the permits are approved", but my suspicion is that once the permits are granted, you would lose the right to terminate under this clause.
  3. Ace in the Hole

    Ace in the Hole Don't compete, Dominate !

    30th Sep, 2002
    Sorry, can't help with advice on canceling the agreement.

    Is there any way you can get in control of the relationship you have with the project manager.
    Have you made it very clear to him of what your expectations are?
    You as the employer should demand a minimum level of service and this should be made very clear to him early on.
    If you keep letting him get away with it, he may see you as an easy target.
    It's very disrespectful of him to waste your time in being late for meetings, you got to make it very clear, so he is never late again...
    If he's just not performing, drop him and move on.
    Possible he could have personal issues going on.
    Have you questioned him on his lateness in the past and requested an explanation?
  4. Scott No Mates

    Scott No Mates ...and people wonder why?

    25th Jun, 2011
    Sydney - LNS
    Why have you used a Victorian MBA contract for a NSW project? No wonder that the contract number didn't register.

    Many references may not be valid under NSW law. Not sure if there is any reciprocity.
    Last edited: 1st Jun, 2015