Hi there, Im currently going through a dreadful time with a builder and trying to find a way to terminate the contract. Now the contract is in the name of the builder's company which is a registered domestic builder (unlimited). The director has a commercial building licence (limited) but looking through the VBA website it doesnt show the company as been a registered commercial builder. Is there any grounds to terminate the contract based on the company not been licensed to do so, although the director is?
Hi Raymal,
If the builder is a domestic builder and it’s domestic work, it’s irrelevant as to the commercial builder registration and how that’s set up. Be very careful about terminating a building contract as if you do without good cause you could be sued by the builder. It often (depending on what State your in) requires substantial breach on the builders part to terminate the contract. If your having a dreadful time though, there may be other breaches that can entitle contract termination.
If the builder is a domestic builder and it’s domestic work, it’s irrelevant as to the commercial builder registration and how that’s set up. Be very careful about terminating a building contract as if you do without good cause you could be sued by the builder. It often (depending on what State your in) requires substantial breach on the builders part to terminate the contract. If your having a dreadful time though, there may be other breaches that can entitle contract termination.
Thanks for your response. I should clarify the works I have contracted the company to do is commercial fitout but the company does not have commercial licence only domestic. The director however is registered to do commercial work but the contract is between my company and his company.
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