We have just received invoice for plate height - had a private building inspector review and informed of quite a few defects to the point walls not completed as per plans and bow walls list goes on. Builder is telling us we must make payment or will be charged interest/work stopped. Bank has paused payment based on this. What are our rights? To us work is not complete/not to standard of contract how can they invoice us?
Dear Mrs Claus,
What does your building contract say? Usually there is a dispute resolution procedure clause that you need to follow, beginning with issuing a formal notice of some sort and either the builder address or the matter be mediated/arbitrated in some way. The builder demanding payment interest stop work are all normal but to enforce they may need an order from tribunal of your state and they may need to depending what the building contract says prove they have done the work which you then can challenge. If things get more serious you may need legal advice on the appropriate stronger options. Good luck!
-Nighthelyn
What does your building contract say? Usually there is a dispute resolution procedure clause that you need to follow, beginning with issuing a formal notice of some sort and either the builder address or the matter be mediated/arbitrated in some way. The builder demanding payment interest stop work are all normal but to enforce they may need an order from tribunal of your state and they may need to depending what the building contract says prove they have done the work which you then can challenge. If things get more serious you may need legal advice on the appropriate stronger options. Good luck!
-Nighthelyn
