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
The show was designed to give back to the community which Despina did in droves. Her weekly radio show was broadcast on the Gold Coast each Thursday on 104.1FM Gold Coast/Tweed & 103.5FM Northern Rivers and had a substantial following since 2020. Despina talked about various hot topics at local, state and federal level, and answered the questions that ordinary Australians want to hear. And the best part, it was free.
In 2024, due to programming changes within the radio station itself, Despina then moved her radio show to being solely online on her Youtube channel: Despina Priala
Each week she brings another insightful episode of Talking Law for her loyal listeners and the greater Australian community.
Knowledge is power and Talking Law is very much about empowering the ordinary Australian with information that they should be aware of to help them in every day life.
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
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 : 329
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