I got a pool contract where it shows the pool was expected to be 8.5m x 2m, but it was build short (8m x 1.8m). It is a QLD SPASA fixed contract. Do I have the right to force the pool company to fix the discrepancy? I noticed the discrepancy only after pool was already built (I was living in Sydney by the time the pool as been build in Brisbane), and I already try to discuss this matter with the pool company, but they are trying to say the measurements are correct as per contract, but they are not. I have't got yet the handover, as the pool is leaking, and still waiting for them to fix the leak once for all (4 other leaks was already fixed). Any advise please? Thank you.
Have a look at the contact and see if it says when it can be terminated. It might cover the circumstance but also the consumer law may give you a remedy for non conforming or specifications not adhered to in regards to goods.
Thank you Paul for your help. I do believe I could break the contract, but pool is now ready, with water and everything, also got pretty much all stages of the construction paid. Breaking the contract I would probably lost all money paid and I would probably spend a lot more to rectify the wrong sizing.
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