QLD Breach of Contract re Carport

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3 July 2018
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I entered into a contract more than 13 months ago for the supply and construction of a carport. Because it involved a relaxation of local government regulations, I paid extra for this relaxation. The carport materials were paid for as per the contract and delivered. The contracted builder, upon arrival, identified that if built with the supplied materials, the carport would not meet local government regulations. He went back to the carport company and redesigned the carport. There was never any consultation on this matter, nor was anything ever presented to me in writing for my approval. I have been trying to get the certifier to certify the carport but have run into a brick wall. The certifier has no option but to obtain new engineering plans to specify what was actually constructed. After many attempts to get this certification, I now turn to this forum to get advice on my next course of action.
 

Rob Legat - SBPL

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You go back to the builder and ask him to explain himself and provide the plans he built to, and demonstrate to the certifier that the carport was built in accordance with Council's approval. If he can't/won't, I expect your next port of call would be a complaint to the QBCC.
 
3 July 2018
2
0
1
You go back to the builder and ask him to explain himself and provide the plans he built to, and demonstrate to the certifier that the carport was built in accordance with Council's approval. If he can't/won't, I expect your next port of call would be a complaint to the QBCC.
Thanks for your response. I have already been down the path of the QBCC. Unfortunately they can only rule on building standards and not contractual issues. The builder was a contractor of the carport company and I don't know his details. I think I will have to pursue an outcome through legal means, or maybe QCAT. This is a pain as it is in Brisbane and I'm on the Sunshine Coast.