Hi Australia. I’m Russell McCarthy, the lead building inspector and founder of WA Building Inspections Perth. I’ve seen many situations where builders fail to meet their contractual obligations. However, nothing quite prepared me for the blatant disregard for the contract during this practical completion inspection.

In the video below, you’ll see the shocking encounter I had with a builder who refused to follow the contract, insisting they were only bound by internal emails. What’s more shocking is the poor quality of work left behind, despite three and a half years of delays. Lets’s start off by watching the video below with the altercation with this builder.

What Happens When a Builder Breaches a Contract?

When a builder breaches a contract or creates many building defects, it can cause immense stress for homeowners. In this case, I tried to hold the builder accountable for clear contractual violations.

Can you sue a builder for breach of contract?

Absolutely.

Many homeowners, like those in this video, ask, “What happens if a builder breaches a contract?” From my experience, if a new home builder breaches the contract, the best course of action is to take legal steps and hire a professional inspector to gather evidence. For cases like this, our comprehensive building inspection services are invaluable.

 

 

The Shocking Findings from This Inspection

Here are some of the most serious issues we found during the inspection:

• Ceiling damage
• Uncaulked benchtops
• Leaking plumbing
• Damaged door frames
• Grime-covered toilets
• Windows that don’t open
• Cracked grout and unfinished caulking

As I noted in the video, “Look at the floors, look at that joint. The customer must move in now? This is unacceptable.”

If you suspect your home may have hidden defects, consider our specialised practical completion inspection services.

 

 

Key Issues Found Outside the House

The exterior of the house was just as problematic. The brickwork was incomplete, and several downpipes were missing. I noted multiple structural concerns, including:

• Water ingress
• Incomplete painting
• Exposed brick joints
• Unprotected doors

As I said in the video, “Look at this brickwork, the joints are opening up. Every eave has evidence of water ingress. This house has been overwhelmed by rain.”

For homeowners facing similar issues, our new construction stage inspection services can identify potential threats to your home’s structure.

 

 

Why Are Builders Ignoring Contracts?

So, why do some builders think they can get away with it? In many cases, builders cut corners, hoping homeowners won’t notice. As I confronted the builder in this video: “So what you’re saying is that you don’t follow the contract, you refuse to follow the contract which says 10 days?”

He responded: “Absolutely, yes.”

This behaviour is why homeowners must be vigilant. When a home builder breaches a contract, it can result in poor workmanship and costly repairs. Our uncovering hidden dangers service ensures you’re protected.

 

How to Handle a Builder Breaching Contract

Here’s what you should do if you find yourself in a situation where your builder breaches the contract:

1. Document Everything: Keep detailed records of the builder’s actions and any communication.
2. Hire a Professional Inspector: Have an inspection done to gather evidence of the poor work.
3. Seek Legal Advice: Discuss your options with a lawyer. In some cases, you may be eligible to sue the builder for breach of contract.
4. Send a Formal Breach of Contract Letter: A formal letter alerts the builder to the issues and allows them a chance to rectify them before legal action is taken.

If you’re dealing with a difficult builder, our construction dispute resolution inspections can assist you in gathering the evidence needed to move forward legally.

 

 

Linking Structural Issues to Legal Action

When builders ignore National Construction Code standards, homeowners are left with a poorly constructed house. In this case, the builder refused to provide engineering documents, further complicating the situation.

“They don’t want to follow the National Construction codes or the Australian standards. They’ll only follow the engineering, but they refuse to give us the engineering.”

If you’re thinking about suing your builder for breach of contract, our building inspection reports can help support your claim.

 

 

My Final Words: Protect Your Home and Your Rights

This case is just one example of what can happen when builders breach contracts. If you’re facing similar issues, don’t hesitate to reach out to us. We’re experts at uncovering hidden defects and providing the documentation needed to pursue legal action.

At WA Building Inspections, we ensure homes meet Australian standards and protect you from builder misconduct. Whether it’s a new home builder breach of contract or you simply want peace of mind, we’re here to help.

You could also avoid all these issues if you know how to choose a builder in Perth.

 

 

 

FAQs About Builders Breaching Contracts

 

1. What happens if my builder breaches the contract?

If your builder breaches the contract, it means they haven’t followed the terms agreed upon, which can result in delays, shoddy workmanship, or incomplete work. This often leads to additional costs and legal disputes.

 

2. Can you sue a builder for breach of contract?

Yes, homeowners can sue a builder for breach of contract. The key is gathering evidence through a thorough building inspection, like our comprehensive building inspections.

 

3. How do I sue a builder for breach of contract?

To sue a builder for breach of contract, first, gather documentation and inspection reports. Then, consult a lawyer to determine your best course of action.

 

4. What should I do if my builder breaches the contract?

If your builder breaches the contract, immediately send a formal notice (breach of contract letter) and get a building inspector to assess the damage. Our pre-purchase and practical completion inspections provide the thorough assessment you need.

 

5. What are the legal steps when a builder is in breach of contract?

When a builder is in breach of contract, you should send a formal breach letter, collect evidence through inspections, and seek legal advice to take the case further.