Solicitor needed for claiming damages from a builder -Sydney

I engaged a builder for building granny flat and did all the due diligence before signing the contract. In the beginning he started the work very well and the progress was good.

Later he didn’t do the work as per the agreed schedule and started giving excuses. After 2 years of battle with Fair trading and CAT, I cancelled his contract and engaged tradies to finish the remaining and moved a tenant in.

Now I wanted to take him to the court and claim the rental loss, money I spend to complete the work etc.

Can someone recommend a good solicitor in Sydney area who can help me on this?

Thanks in Advance...

 

How much are you out of pocket do you reckon? Its pretty hard to calculate the damages for these sort of claims sometimes.

 

How much does the liquidated damages clause nominate?

Possibly suggest Colin Biggers & Paisley.

 

Hi Scott
I spent around 28000 to finish the work and 25000 in arears. In total it is around 50K.

 

Thanks for the details. Not sure about the liuidated damage..

 

Am I Scott?

Anyway, have you subtracted the amount you would have had to pay the builder to complete the build anyway? And I'm not sure what you mean by arrears?

 

The liquidated damages are the amount stipulated in the contract that you & the builder have agreed that you may deduct/receive should the builder fail to complete the works. You probably have inserted "$Nil" - so there is no provision for liquidated damages. Courts, may on occasion, overturn this and award actual damages.

 

Tricky situation.
Builder is meant to reach practical completion by a date.
You're entitled to liquidated damages if practical completion not reached by that date. Most standard building contracts unless negotiated, are heavily builder favoured. Perhaps $25 dollars a day for liquidated damages. Look at that clause first and the number placed.
If you settled the matter already or there was a determination by NCAT that allowed you to validly terminate, there is likely to be a deed of settlement for no further proceedings?
Why would you able to claim loss of rental income if you agreed to no further proceedings.

 

I had a similar experience to you, however on a much larger scale (multiple properties). I am currently in legal proceedings against my builder to claim cost over runs, defect rectification costs, lost rental income, bank interest, legal costs, QS costs, amongst others. This is all available to me under the contract.

You will need to engage a lawyer and have them review your building contract and review your states insurance scheme to determine the best steps to recoup losses.