We note from the media that the liquidators of Porter Davis are attempting to source builders to take over the completion of some homes contracted to Porter Davis.
Should a new builder approach a homeowner to complete a partly completed home, homeowners should be seek legal advice as there are a number of issues they need to consider, including:
- Whether the homeowners should be making a claim under the Queensland Home Warranty Scheme (QHWS) which offers assistance where a builder fails to complete the works the subject of a contract covered by the scheme;
- Whether the liquidator/new builder are seeking to novate the contractual obligations to the new builder or the new builder is simply looking to enter into a new contract for the completion of the home;
- Statutory obligations requiring a new premium under the QHWS to be paid by the new builder based on the value of the work to be completed by the new builder;
- Whether a homeowner is liable to Porter Davis for commenced but partly completed stages of work;
- Copyright issues in respect of use of the plans to complete the home;
- If there are defects in the works completed by Porter Davis, liability for the cost of rectification including ongoing rights under the QHWS in respect of defective work claims.
These are just some of the issues that need to be considered. If homeowners are approached by a new builder, they should immediately seek advice in respect of the proposed agreement to the same. Construct Law Group can then provide homeowners with a comprehensive advice on the proposal.
If you need assistance lodging a claim under the QHWS and/or terminating your contract, please do not hesitate to contact our offices on (07) 3139 1874 or email us at info@constructlaw.com.au.
This post is provided for general information and educational purposes only and does not constitute legal advice. Readers should obtain appropriate independent legal advice based on their own specific circumstances.
