Owners Advocacy – Looking out for Owners

DJL represented an owner who had recently signed a building contract for their new home. The contract was based on an advertised price, but before the contract began, the builder had submitted multiple variations that increased the cost of the build. The owner approached DJL to review the signed contract and submitted variations.

Upon review, DJL recognised that the contract on a whole was written in the builder’s favour with multiple exclusions. This is usually common and not a problem, however the owner was under the incorrect assumption that many of the items they expected, where going to be included in the contract price. DJL worked with the owner to realign their budget to ensure the building will continue.

Furthermore, one variation that the builder submitted was to the value of over $13,000+GST, but upon review, was inappropriately calculated and double dipped on the contract inclusions. The variation was revised and confirmed to be negative $2,500, returning money to the contract sum. Several of the variations applied for were appropriate and in accordance with the contract, DJL was able to work with the owner to explain the assist this process.

DJL continued to represent the owner throughout the build, future variations, defects and practical completion.

Case summary:

• Owner seeking advice and understanding around their building contract for their dream home

• DJL helped the owner maintain their budget, representing the owner’s interests throughout the build.

• DJL reviewed, explained and when appropriate challenged variations throughout the build to ensure the owner was protected throughout the process.