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ARTICLE · 30 JULY 2021

Understanding your rights and obligations in terminating a home building contract

If you are an owner, it is essential that you understand rights and obligations with respect to terminating a contract.

AustraliaReal Estate and Construction

The recent decisions of the Appeal Panel in the NSW Civil and Administrative Tribunal emphasises the consequences of invalidly terminating the home building contract. If you are an owner, it is essential that you understand your rights and obligations with respect to terminating a contract.

Facts

The Respondent, Redmyre Group Pty Ltd (Builder), carried out building works to renovate and restore a 4-storey residential terrace of historical interest in the inner-Sydney area for the Appellants, Nandini Patel, Harsh Jain and Jainco Services Pty Ltd (Owners).

The contract stated practical completion was to be achieved in 32 calendar weeks from commencement of the works, being 27 July 2018. The works did not achieve practical completion by this date.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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