I am taking a builder to ncat who unilaterally terminated and left retaining wall incomplete in construction. A few months after he terminated I asked council to check incomplete wall for safety, and they said I need DA. I did ask builder early in build if DA needed and he said no. But no record of this. My question is whether ncat will look adversely on me for having no DA?
Wall was to be built according to engineer's plan, that is stated in contract. My dispute was to be that builder refused to comply with engineer's plan and imposed his own modification via cost variation without engineer approval. Now I have to worry about clause (2 a) below. But does it apply to me, as builder refused to build to the design I asked? I was going to seek dispute on basis of breach of contract, but how can I do that if the contract was unlawful in the first place as no DA requested?
"1. Quality of construction All work done under this contract will comply with: 1. (a) the Building Code of Australia to the extent required under the Environmental Planning and Assessment Act 1979 (including any instrument made under that Act) (b) all other relevant codes, standards and specifications that the work is required to comply with under any law (c) the conditions of any relevant development consent or complying development certificate and any construction certificate. 2. This contract may limit the liability of the contractor for a failure to comply with (1) if the failure relates solely to:
(a) a design or specification prepared by or on behalf of the owner (but not by or on behalf of the contractor), or (b) a design or specification required by the owner, if the contractor has advised the owner in writing that the design or specification contravenes (1)."
Wall was to be built according to engineer's plan, that is stated in contract. My dispute was to be that builder refused to comply with engineer's plan and imposed his own modification via cost variation without engineer approval. Now I have to worry about clause (2 a) below. But does it apply to me, as builder refused to build to the design I asked? I was going to seek dispute on basis of breach of contract, but how can I do that if the contract was unlawful in the first place as no DA requested?
"1. Quality of construction All work done under this contract will comply with: 1. (a) the Building Code of Australia to the extent required under the Environmental Planning and Assessment Act 1979 (including any instrument made under that Act) (b) all other relevant codes, standards and specifications that the work is required to comply with under any law (c) the conditions of any relevant development consent or complying development certificate and any construction certificate. 2. This contract may limit the liability of the contractor for a failure to comply with (1) if the failure relates solely to:
(a) a design or specification prepared by or on behalf of the owner (but not by or on behalf of the contractor), or (b) a design or specification required by the owner, if the contractor has advised the owner in writing that the design or specification contravenes (1)."
