QLD Building contract for dividing retaining wall and fence with apportion of costs

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Scott S

Member
10 April 2024
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Hi, We are currently facing a situation where we need to replace a retaining wall and fence that sits on the boundary of our property and our neighbour’s. The estimated cost of this project exceeds $20,000. We have reached an agreement with our neighbour regarding the cost sharing and the type of construction to be used.

However, we are uncertain about the most effective way to structure the building contract to ensure a 60/40 split of costs. This is the first time our proposed builder has undertaken a project where the cost is to be shared between two properties, and they are unsure about the best approach..

We are considering two options:

  1. A single contract that includes the cost-sharing responsibilities.
  2. Separate contracts for each property.
We would appreciate your advice on which option would be more suitable. Additionally, we are unsure about how to handle a situation where one party fails to pay their share.

Lastly, we are contemplating whether it would be more beneficial to draft a special contract for this situation, rather than using the standard QBCC or HIA templates.

We look forward to your guidance on these matters.

Regards
Scott