Whether you are an experienced tradesperson or renovator there are many things that could go wrong during the project. We have prepared some helpful hints to assist you when planning your renovations which will help you to avoid costly disputes.
If you do find yourself in a dispute with your homeowner client or with a tradesperson you have employed, we are able to assist you to reach a practical outcome.
3 tips for tradespeople
Here are some things to consider before quoting for work:
1) Check your licence conditions – before commencing work you should check the conditions of your licence to ensure that you are licensed to carry out the type and value of work you have been engaged to do. It may become difficult to enforce payment for your work if you were not licensed to do it in the first place.
2) Check which contract is required and ensure you get it signed by your client – the value of the work you are engaged to carry out will determine the type of contract you require and the NSW Department of Fair Trading website provides generic contracts you can use. If you require a more detailed contract, we can assist in drafting one that suits your needs.
3) Ensure that your insurance is adequate and up to date and agree on whether you or your client is responsible for paying the different types of insurance. You may suffer significant losses if you do not have appropriate and up to date insurances in place. We can assist you if you find yourself in an insurance dispute.
3 tips for renovators / homeowners
Renovating your residential property can be exciting but it can also turn out to be costly and stressful.
1) Get legal advice on your building contract – works that will cost you over $5,000 require a contract between you and the tradesperson – before signing your Contract it is important to ensure that you fully understand the terms of the Contract. If a dispute arises between you and the tradesperson, the contract terms will become very important. We can assist you to understand your contract and negotiate any required amendments on your behalf directly with your builder.
2) Ask the tradesperson for evidence of their license and insurances – it can be difficult to take action against unlicensed and uninsured tradespeople if things do go wrong, so ensure that you have cited evidence of these things before work commences. Additionally, for certain works you will be required to disclose what works have been carried out and provide certificates to a purchaser of your property and so this is particularly important if you intend to sell following completion of the renovation.
3) Timing – if you have a contract, the timing of progress payments set out there will dictate what work will require progress payments. You should ensure that all work required for each stage has been checked by you at the time the progress payment is due and ensure that you either pay on time, or reach an agreement with your tradespeople regarding payment to avoid having enforcement action taken against you.
If you require any assistance in relation to the above, please do not hesitate to contact our dedicated team of lawyers on 9525 8688 or email info@wmdlaw.com.au.
