I am the director of a building company. Recently, I have had a customer give me notification through an email that he wants to cancel the building contract as he feels he has had to wait too long for his building works. This contract was liaised through his real estate agents as it was property investment of his.
-In mid June 2014 he signed a contract for demolition and installation of a garage and fencing. He paid $1200 deposit.
- August 15 2014 council approval was given
- Works where scheduled for Dec the 8th 2014 (Current work schedule and 3 weeks manufacturing)
- Material delivered to site Dec 5th
- Real estate agency contacts me on Dec 5th to advice that the tree removal arranged by them could no longer be removed until Jan 14th (The tree requires removal before construction begins)
- The Real estate agency assured me they would contact the landlord/client as it is their obligation, this did not happen
- Jan 5th one week before scheduled works I get notification from the client that he had seen the materials on his site for a month and no building works and felt I was not fulfiling my contract obligations
- I contacted the client in person and agreed that he pay for the materials and take ownership and the engineering and council approval process
- I sent an tax invoice which has now exceeded it's 7 day payment period and I have not heard anything else
- The contract clearly states that before intention of contract cancellation proceeds the client must contact the builder in writing to see if the situation can be rectified.
I appreciate without seeing the contract in full it is hard to give advice but surely the other party can not simply pull out of a contract 1 week before scheduled works without prior notification under contract law?
To make it worse I have paid in full for the materials which far exceed the deposit given
Any contract law advice would be greatly appreciated.
-In mid June 2014 he signed a contract for demolition and installation of a garage and fencing. He paid $1200 deposit.
- August 15 2014 council approval was given
- Works where scheduled for Dec the 8th 2014 (Current work schedule and 3 weeks manufacturing)
- Material delivered to site Dec 5th
- Real estate agency contacts me on Dec 5th to advice that the tree removal arranged by them could no longer be removed until Jan 14th (The tree requires removal before construction begins)
- The Real estate agency assured me they would contact the landlord/client as it is their obligation, this did not happen
- Jan 5th one week before scheduled works I get notification from the client that he had seen the materials on his site for a month and no building works and felt I was not fulfiling my contract obligations
- I contacted the client in person and agreed that he pay for the materials and take ownership and the engineering and council approval process
- I sent an tax invoice which has now exceeded it's 7 day payment period and I have not heard anything else
- The contract clearly states that before intention of contract cancellation proceeds the client must contact the builder in writing to see if the situation can be rectified.
I appreciate without seeing the contract in full it is hard to give advice but surely the other party can not simply pull out of a contract 1 week before scheduled works without prior notification under contract law?
To make it worse I have paid in full for the materials which far exceed the deposit given
Any contract law advice would be greatly appreciated.