In this very interesting segment we discuss a real life story of a client who came to us who wanted to get out of their build contract. These were unique circumstances in that the client was not yet the owner of the land and had contracted a year ago to purchase vacant land under an off the plan contract of sale. They also signed a build contract early to lock in their price. However a year later, the land was still not completed by the developer and the buyer still not the owner of the land, which the builder knew. However, the builder issued a delay damages notice under Clause 16 of the standard HIA build contract because there was a delay in commencement of construction, which of itself, was completely out of the control of the buyer. They were being charged for delay damages which were substantial on a weekly basis for land they did not own because the build contract stated so. This left a very sour taste in the mouths of the buyers and they wanted out, and we successfully ended the contract for them without penalties. If you are signing an off the plan contract to build your dream home or any home and you are thinking of, or have signed a build contract early where you do not own the land as yet, this may be you. Take a listen to understand what you can do in these circumstances.
https://www.youtube.com/watch?v=ctdnvUgWBVw
Despina firmly believes that being in the privileged position of a solicitor that she gives back to the community when she can. This has been transcended into her weekly radio show 'Talking Law' that is broadcast on the Gold Coast each Thursday on 104.1FM Gold Coast/Tweed & 103.5FM Northern Rivers and has been going strong now since 2020. Despina talks about various hot topics at local, state and federal level, and answers the questions that ordinary Australians want to hear. And the best part, it is free. Despina is not paid for her time on air and she enjoys the fact she can give back to the community in this manner. Knowledge is power and her radio show is very much about empowering the ordinary Australian with information that they should be aware of to help them in every day life. Despina has a very big following on air and online with a facebook community page for the radio station and is always happy to talk with listeners off air.
All episodes of Talking Law with Despina are uploaded on the Priala Legal website and onto our YouTube channel here: https://www.youtube.com/channel/UCWmG7z-wIbsHY9KhFfrrWwQ in case you missed it live. We are now up to 255 episodes!!!
You can also join the Facebook community page for Radio 97 and join the community where questions are posed, and our on air segments are posted for all to view again after the on air segment. Just search 'Breakfast Radio 97' on Facebook and ask to join. It's free!
Catch us live on Radio 97 every Thursday morning at 8:30am (7.30am during Daylight Saving from October to March) on 104.1FM Gold Coast & 103.5FM Northern Rivers. Part of the Australia wide Super Radio Network across the country.
If you have any question you would like answered please contact us and we will do our best to answer them for you.
DISCLAIMER: The information discussed within the Talking Law videos is general in nature only and is not intended to be comprehensive, nor does it constitute legal or other advice in anyway, and should not be relied upon as such. The information is intended only to provide a summary and general overview on matters of interest and it is not intended to be comprehensive. You should seek legal or other professional advice before acting or relying on any of the content herein.
Posted By Despina Priala
Despina Priala has practised in property and commercial law on the Gold Coast for over 25 years and has extensive experience in this area.
Updated : 28th March 2023 | Words : 245 | Views : 107
 |
 |
 |
