A matter recently handled by our firm came about after our clients were issued with a Show Cause Notice by the GCCC asking them why the Council should not issue a rectification notice concerning their newly constructed investment property that was a ‘duplex’, in circumstances where duplex’s were not approved in that area.
Although the build had been completed about a year prior to the Show Cause Notice, our investigations revealed that the Builder had in fact constructed numerous other properties in the same street- all of those owners also receiving Show Cause Notices.
Our clients issued proceedings in the District Court of Queensland against the Builder, it’s directors and the Builder’s licensed nominee, for damages for breach of contract in that the construction was not on a single lot, where neither dwelling is a secondary dwelling.
Other breaches claimed included a failure to apply for the relevant GCCC development approval, proceeding to construct a building that required development approval and proceeding to carry out assessable development in breach of s. 163(1) of the Planning Act 2016 (Qld).
We were able to successfully negotiate a settlement on behalf of our clients with the builders insurers resulting in a substantial payment of damages to our clients.
If you are involved in a building dispute or alternatively problems associated with your build arise following completion there are a raft of remedies available.
Our team have extensive experience and a track record of success in building and construction disputes, and if you find yourself in such circumstances you should not hesitate to call us.