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A client's dream home was built in the wrong position because the builder continued to rely on an incorrect survey despite concerns raised by our client.

Situation

A client’s dream home was built in the wrong position because the builder continued to rely on an incorrect survey despite concerns raised by our client. Because the house was too close to the boundary and neighbouring house, the home created a fire hazard. Council refused to issue the allimportant Occupation Certificate.

The builder pressured Council for an Interim Occupation Certificate. If Council issued this certificate it would pass responsibility for modifications to the house to our client before a Final Occupation Certificate could be obtained.

Marriott Oliver was engaged to resolve the building dispute and ensure our client received the appropriate certificate to allow them occupation of their long awaited dream home.

Strategy

Marriott Oliver researched survey information. We convinced Council not to issue an Interim Certificate until all violations were resolved by highlighting fire-hazard and safety concerns.

We then applied to the Department of Lands and this was registered on the title.

Additionally, Marriott Oliver carefully catalogued inadequacies in workmanship, and flagged these with the builder. We advised our client to withhold final payment until all alterations were completed.

Success

Work was quickly completed to our client’s and Council’s satisfaction. We negotiated a reduction in the final payment to the builder. Our client moved into the beautiful new home without any further obstacle to the vital Final Occupation Certificate.

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