#12490

Hi buyahousenexttime

There are a couple of aspects to this.

Firstly, the builder is required to build in accordance with the contract with the OC. If the OC has included sufficient detail regarding matching, then the builder is required to match. This may come down to interpretation.

If insufficient detail has been provided and the contract has been entered, then the OC could request a variation to the contract to specifically match the materials (generally builders, to get the job, will price undetailed materials at the most basic price. If there is no mention of matching and the materials to be matched are expensive, generally the builder need only use basic replacement material). This will almost certainly involve an additional cost to the amount agreed between the OC and the builder to complete the work. The next question is, who should pay the cost of this variation?

It will be either you or the OC. The answer to this depends upon the following.

Depending upon the cost of the rectification work, the OC should have held an EGM to obtain the authority required to enter into the building contract for the rectification work. Was the OC required to include the matching of materials in the specification with the contract? Only if the OC was advised of this requirement at the EGM and a resolution was passed addressing this issue, was the OC responsible for this level of detail. 

Let me know if you have any questions.

Regards

 

Chris Kerin

Senior Lawyer
———————————-
TEYS Lawyers
The Strata Law Experts
02 9562 6500
Suite 73, Lower Deck
Jones Bay Wharf
26-32 Pirrama Rd
Pyrmont NSW 2009
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