Will Vogt - Building and Construction Disputes Lawyer

View the latest news on Nicheliving, including comments from Vogt Legal, via the link on our website:

Building and Construction Lawyer Perth | Vogt Legal - IMPORTANT ANNOUNCEMENT regarding Nicheliving's deregistration AUG 26 - IMPORTANT ANNOUNCEMENT regarding Nicheliving's deregistration:

Read our latest blog re Nicheliving:
Countering Misinformation: What Homeowners Need to Know About Nicheliving, Insurance Coverage, and Contract Termination.

If you or someone you know has been affected, please contact us on 9328 5662 for a FREE initial telephone conversation where we will discuss your situation and explore the best legal strategies tailored to your needs.

Building and Construction Lawyer Perth | Vogt Legal - Countering Misinformation: What Homeowners Need to Know About Nicheliving, Insurance Coverage, and Contract Termination Since the Building Services Board refused to renew Nicheliving Construction's building contractor registration on 31 July 2024, a wave of misinformation has left many homeowners confused and…

Nicheliving’s Registration Expiry Does Not Void Your Building Contract.

Read our latest blog below.

If you or someone you know has been affected, please contact us on 9328 5662 for a FREE initial telephone conversation where we will discuss your situation and explore the best legal strategies tailored to your needs.

Building and Construction Lawyer Perth | Vogt Legal - Nicheliving’s Registration Expiry Does Not Void Your Building Contract It is important to understand that the non-renewal of Projex Management & Construction Pty Ltd trading as Nicheliving (Nicheliving) registration as a building contractor does not void your…

The recent news regarding Projex Management and Construction Pty Ltd trading as Nicheliving failing to have its building contractor registration renewed has understandably left many homeowners concerned about what to do next.

Fortunately the team at Vogt Legal Perth is here to help!

If you or someone you know has been affected, please contact us on 9328 5662 for a FREE initial telephone conversation where we will discuss your situation and explore the best legal strategies tailored to your needs.

https://vogtlegal.com.au/blogs/caught-in-the-middle-homeowners-next-steps-after-nichelivings-failure-to-renew-building-contractor-registration.html

Will Vogt - Building and Construction Disputes Lawyer Will has over 20 years of experience providing legal advice in commercial disputes.

Should homeowners be commencing class action lawsuits against their builders?

Read our blog where we delve into what we consider the complexities and challenges involved with the Proposed BGC Class Action and highlight the key takeaways which can be taken from it.

https://vogtlegal.com.au/blogs/considering-a-class-action-lawsuit-against-a-builder-or-building-group-practical-insights.html

At Vogt Legal, we have helped countless homeowners in Western Australia navigate complex legal issues related to construction and property disputes, including issues in relation to delay.

Contact Will Vogt today for a FREE initial telephone conversation on 9328 5662 to discuss your situation and explore the best legal strategies tailored to your needs.

Will Vogt - Building and Construction Disputes Lawyer Will has over 20 years of experience providing legal advice in commercial disputes.

Our latest blog provides valuable insights on the importance of having water-tight sub-contract terms and the potential risks of overlooking key clauses.

Head to our website and read the 4 key reasons why we believe it is essential to have your sub-contract reviewed before a costly dispute arises.

https://vogtlegal.com.au/blogs/why-subcontractors-should-have-their-contracts-reviewed.html

Need your sub-contract reviewed?

Contact Matthew Humphry today on: 9328 5662 / [email protected]

🏠 Are you experiencing a dispute with your builder?
Whether it's a disagreement over costs, delays, or the quality of work, we can provide professional legal advice to help resolve your issues.
Don't let your dream home turn into a nightmare!
Reach out to us today for expert advice and guidance.
FREE initial telephone consultation: 08 9328 5662

We are always grateful to hear such positive feedback from our clients.

Building trust with our clients is at the core of what we do.

It enables you to feel confident in the legal service we are providing, and for us to provide the best legal support possible.

📞 Did you know that when you call Vogt Legal for an initial telephone consultation it is FREE?
Call our office Monday-Friday to speak with Will Vogt on 08 9328 5662.

Do you need a solid subcontractor agreement, or to have one reviewed?
Look no further.
From drafting to reviewing and amendments, our expert team will ensure you secure fair terms and help to avoid potential disputes.
Call for your FREE initial telephone consultation today.

My builder is in delay building my home.
I have requested my builder compensate me for the financial loss I have suffered because of the builders delay.
My builder says that “we have no delay damage clause in our building contract and will not pay any amount requested”.
Is the builder right?
Head to our latest blog to read further:

https://www.willvogt.com.au/blogs.html

Vogt Legal can assist you in seeking compensation for your financial loss and damage resulting from your builders delay in completing the works under a building contract.
Call us today: 9328 5662.

🏠 Are you experiencing a dispute with your builder?
We understand how frustrating and stressful this can be.
Whether it's a disagreement over costs, delays, or the quality of work, we can provide professional advice to help resolve your issues.
Don't let your dream home turn into a nightmare.
Reach out to us today for expert advice and guidance.
FREE initial telephone consultation: 08 9328 5662

Will Vogt - Building and Construction Disputes Lawyer Will has over 20 years of experience providing legal advice in commercial disputes.

We take great pride in our services and ensuring the satisfaction of our clients.

Call us today on 08 9328 5662.

🏗️ Building Your Dream Home? You Need Legal Guidance!

Embarking on a home construction project is an exciting journey, but the standard form contract is heavily weighted towards the builder.

Understanding the pitfalls is essential.

Contact Vogt Legal today: 08 9328 5662

Will Vogt - Building and Construction Disputes Lawyer Will has over 20 years of experience providing legal advice in commercial disputes.

My Builder is in delay completing my home build. I have requested my Builder compensate me for the financial loss I have suffered because of the Builder’s delay. My Builder says that “we have no delay damage clause in our Building Contract and will not pay any amount requested”.

Is the Builder right?

The Builder’s comment demonstrates a fundamental misconception on his part regarding the Builder’s liability to compensate the home owner for loss and damage arising from the Builder’s failure to achieve practical completion of the Works by the contracted date for practical completion.

The Builder suggests that where there is no liquidated damages clause contained in the Building Contract then the Builder is not obliged to pay any damages to the Owners.

There are published decisions of the State Administrative Tribunal in respect of claims by Owners against Builders for loss and damage suffered by the Owner as a result of the Builder's breach of the time for performance clauses of the Building Contract specifically the failure to cause the Works to reach practical completion by the date required under the Building Contract.

It has on various occasions been found by the SAT that damages for loss resulting from additional rent or loss of rental income flow naturally from a breach of contract, such as the failure to complete the Works within time, and fall within the first limb of the rule of assessment of damages in Hadley v Baxendale (1854) 9 Exch 341; 156 ER 145. Additionally, the Tribunal has found that “the absence of any liquidated damages clause in the contract, presents no bar to the applicant's claim”: see for example Byham v Afra Construction Pty Ltd [2014] WASAT 38.

In the Byham case the SAT awarded loss and damage to the Owner in the sum of $29,568 for loss of rental income beyond the contracted date of practical completion.

In a recent case I was involved in, I provided the above information to the Builder so as to clear-up any misconception on the Builder’s part that the Builder in that case is not liable to pay my clients’ loss and damage, comprising the additional rent paid by my client beyond the contracted date for Practical Completion, which in that case was 11 May 2022.

My Clients’ calculable loss incurred by reason of the Builder’s substantial breach was:

a) $380 per week representing the costs incurred by my Clients for rental accommodation;
b) Rates and Taxes on the Works property;
c) water service charges on the Works property;
d) electricity service charges on the Works property; and,
e) loss of amenity (enjoyment of living in the Works Property).

After settlement negotiations were entered, the Builder agreed to pay my client a substantial portion of my client’s claim for delay damages.

Vogt Legal can assist you in seeking compensation for your financial loss and damage resulting from your Builder’s delay in completing the Works under a building contract.

Call our office today on 08 9328 5662.

This article/post is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives and instructions or all of the relevant facts or circumstances. Will Vogt and Vogt Legal accepts no responsibility to any persons who relies on the information provided on this website.

It is with great excitement that I announce the opening of my new law firm, Vogt Legal, effective from 1 July 2023.

Vogt Legal will continue to provide civil and commercial litigation, specialising in the areas of building and construction, real estate and property dispute resolution and commercial law.

I am extremely grateful to have the support from a highly skilled and experienced team working closely with me, working proficiently to continue to provide a cost effective and excellent legal service.

I am pleased to introduce Matthew Humphry who will join our construction and projects division and also provide front-end construction legal services.

I would like to wish my former business partner Richard the very best with his new practice, along with his team members.

My website is www.vogtlegal.com.au where you can find further information.
You may also follow me on social media or call our office on: 08 9328 5662

Will Vogt