In the wake of more builders going bust, like GCB Constructions that lost its builder's licence and is in liquidation as of 27 July 2023, now more than ever you don't want to skimp out on getting that critical crucial legal advice BEFORE you sign a build contract. We specifically talk about certain builders in the market either terminating fixed price contracts, or purporting to increase the fixed price under their build contracts to consumers unilaterally, and consumers left wondering what can be done about it. In this volatile market we currently find ourselves in, there is absolutely no logical reason why a consumer would not have their build contract checked before they sign, particularly where some builders are using standard HIA contract terms to terminate or attempt to increase the fixed price. Terms in a standard HIA build contract do not mean those terms, if used, would be valid and enforceable. Since the case of Perera and Bold (Qld) Properties that was determined in the District Court on 12 June 2023, where a clause that purported to allow a builder to increase a fixed price unilaterally was found to be void and unenforceable and an unfair contract term under the Australian Consumer Law, builders have to be particularly careful moving forward. Obtain proper legal advice before you sign, negotiate those standard HIA terms and negotiate special conditions particularly where you are signing a build contract for land that you do not own yet (e.g. under an off the plan contract where the lot is not yet registered and you have not yet settled). We have helped many consumers in this situation, please reach out to us if you need assistance.
https://www.youtube.com/watch?v=eruwaG8QOgQ
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 : 5th August 2023 | Words : 282 | Views : 147
 |
 |
 |
