#commercial lawyers brisbane

[rcblaw]

Conveyancing Gold Coast - Are you buying or selling a residential property and looking for affordable and efficient conveyancing services on the Gold Coast? The team at RCB Law provides expert legal advice ensuring that your residential property transaction is completed on time. For more information get in touch with us !!

[croninmiller]

Legal Challenges: How a Dispute Lawyer Can Help Resolve Conflicts

In today's complex legal landscape, disputes are an inevitable part of life, whether they're personal, professional, or commercial. From contractual disagreements to family disputes, having a skilled dispute lawyer on your side can make all the difference.

But what exactly does a building dispute lawyer Brisbane does, and how can they assist you in resolving conflicts effectively? This blog aims to shed light on the role of dispute lawyers and the benefits they offer.

What Is a Dispute Lawyer?

A dispute lawyer, also known as a litigator or litigation attorney, specialises in handling disputes and legal conflicts that require resolution through negotiation, mediation, or court proceedings. These professionals are adept at representing clients in a wide range of legal matters, including:

Contractual Disputes: When parties disagree over the terms or execution of a contract, a dispute lawyer can help interpret the contract, negotiate settlements, and, if necessary, represent clients in court.

Family Disputes: Divorce, child custody, and property settlements often require legal intervention. A dispute lawyer can provide guidance on family law issues and represent clients in family court.

Employment Disputes: Issues such as wrongful termination, discrimination, and wage disputes are common in the workplace. Dispute lawyers can advocate for employees or employers in these matters.

Commercial Disputes: Businesses often face conflicts related to partnerships, intellectual property, or trade practices. A dispute lawyer can help navigate these issues and protect the interests of their clients.

The Role of a Dispute Lawyer

The primary role of a dispute lawyer is to resolve conflicts in a way that is favourable to their client. This involves several key responsibilities:

Case Assessment and Strategy

A dispute lawyer begins by thoroughly assessing the case. This includes reviewing documents, interviewing witnesses, and evaluating the strengths and weaknesses of the case. Based on this assessment, they develop a legal strategy tailored to the client's needs. This strategy may involve negotiation, mediation, arbitration, or litigation.

Negotiation

Many disputes are resolved through negotiation rather than litigation. A dispute lawyer excels at negotiating settlements that are in their client's best interest. They use their expertise to find common ground and propose solutions that satisfy all parties involved.

Mediation and Arbitration

In cases where negotiation alone is insufficient, building dispute lawyer Brisbane often turn to mediation or arbitration. Mediation involves a neutral third party helping the disputing parties reach an agreement. Arbitration, on the other hand, involves a neutral arbitrator making a binding decision. A dispute lawyer can guide clients through these processes, ensuring their rights are protected.

Litigation

If a dispute cannot be resolved through negotiation, mediation, or arbitration, litigation becomes necessary. This involves taking the case to court. A dispute lawyer represents their client in all aspects of the litigation process, including filing lawsuits, presenting evidence, and arguing the case in front of a judge or jury.

Legal Advice and Documentation

Throughout the dispute resolution process, a dispute lawyer provides legal advice and ensures that all documentation is accurate and complete. This includes drafting legal documents, preparing evidence, and advising clients on their legal rights and obligations.

Benefits of Hiring a Dispute Lawyer

Expertise and Experience: Dispute lawyers have specialised knowledge and experience in handling various types of disputes. Their expertise enables them to navigate complex legal issues and provide effective solutions.

Objective Perspective: Emotions often run high in disputes, which can cloud judgment. A dispute lawyer offers an objective perspective, helping clients make informed decisions based on legal principles rather than emotions.

Efficient Resolution: With a dispute lawyer's guidance, conflicts can be resolved more efficiently. They streamline the process, reducing the time and costs associated with prolonged disputes.

Legal Protection: A dispute lawyer ensures that clients' legal rights are protected throughout the dispute resolution process. They advocate for clients' interests and work to achieve the best possible outcome.

Peace of Mind: Knowing that a skilled professional is handling the dispute provides peace of mind. Clients can focus on their personal or professional lives while their lawyer manages the complexities of the legal process.

Final Thoughts

Whether you're facing a personal, professional, or commercial dispute, a dispute lawyer can be a valuable ally in resolving conflicts. Their expertise in negotiation, mediation, arbitration, and litigation ensures that your legal rights are protected and that you achieve a favourable outcome.

By hiring a building dispute lawyer Brisbane, you gain access to a wealth of knowledge and experience that can make navigating legal challenges much more manageable. If you find yourself embroiled in a dispute, consider seeking the assistance of a dispute lawyer to guide you through the resolution process and protect your interests.

Source From: Legal Challenges: How a Dispute Lawyer Can Help Resolve Conflicts

[bighypenow]

Navigate Lease Matters with Experienced Commercial Lease Lawyers in Brisbane

Navigating the intricacies of commercial lease agreements requires the expertise of experienced professionals who understand the complexities of the law. In Brisbane, businesses rely on our team of seasoned commercial lease lawyers to guide them through lease matters with confidence and clarity. At QLD Business Property Lawyers, we leverage our years of experience and in-depth knowledge to help our clients navigate lease agreements effectively.

Experienced Guidance for Lease Matters:

With our team of experienced commercial lease lawyers Brisbane, you can navigate lease matters with ease. Whether you're entering into a new lease agreement, renewing an existing one, or dealing with lease disputes, we provide strategic guidance and practical solutions tailored to your business needs.

Protect Your Interests with Business Lease Lawyers:

Lease agreements can have significant implications for your business's financial health and operations. Our business lease lawyers in Brisbane work diligently to protect your interests and ensure that your lease agreements are fair, favorable, and legally sound. From lease negotiations to drafting contracts, we are committed to safeguarding your rights and minimizing risks.

Trusted Legal Representation: Choose QLD Business Property Lawyers:

At QLD Business Property Lawyers, we understand the importance of trust and reliability when it comes to legal representation. Our commercial lease lawyers Brisbane are known for their integrity, professionalism, and commitment to client satisfaction. When you choose us, you can trust that your legal matters are in capable hands.

Consult with Reliable Commercial Lease Lawyers in Brisbane Today:

If you're facing lease-related challenges or simply need expert legal advice, don't hesitate to consult with our team of reliable business lease lawyers in Brisbane. We offer personalized consultations to assess your needs and provide tailored solutions that address your specific concerns. With our guidance, you can navigate lease matters with confidence and peace of mind.

Simplify Lease Agreements with Knowledgeable Lawyers:

Lease agreements don't have to be overly complicated. Our commercial lease lawyers Brisbane specialize in simplifying lease agreements, ensuring that you fully understand your rights, obligations, and liabilities. We break down complex legal language into plain English, empowering you to make informed decisions about your lease agreements.

Your Partner in Commercial Lease Negotiations: Lawyers in Brisbane:

Negotiating lease terms requires skill, strategy, and attention to detail. Our business lease lawyers in Brisbane act as your trusted partners throughout the negotiation process, advocating for your interests and securing favorable terms on your behalf. With our expertise in your corner, you can negotiate lease agreements with confidence and clarity.

Ensure Compliance with Lease Regulations:

Lease regulations are constantly evolving, making it essential for businesses to stay informed and compliant. Our commercial lease lawyers Brisbane stay up-to-date with the latest legal developments and regulations to ensure that your lease agreements meet all legal requirements. We proactively identify potential compliance issues and provide practical solutions to mitigate risks.

Maximize Lease Benefits with Strategic Guidance:

Lease agreements should work in your favor, not against you. Our business lease lawyers in Brisbane provide strategic guidance to help you maximize the benefits of your lease agreements while minimizing potential risks. Whether you're negotiating lease terms or resolving disputes, we'll help you achieve your business objectives effectively.

When it comes to navigating lease matters, trust QLD Business Property Lawyers to provide expert legal guidance and representation. Our experienced commercial lease lawyers Brisbane are dedicated to helping you protect your interests and achieve your business goals. Contact us today to schedule a consultation and take the first step towards resolving your lease-related challenges with confidence.

[banefclawyers]

Franchise Dispute Lawyer and Commercial Law Firm in Brisbane

Resolve franchise disputes with Bane Franchising & Commercial Lawyers, a premier commercial law firm in Brisbane. Our expert lawyers specialize in franchise matters, ensuring fair resolutions, and protecting your business interests. Trust Bane for legal excellence. For more information, feel free to contact us at 0406 261 777.

[theqldbusinesspropertylawyers]

QLD Business + Property Lawyers

QLD Business Property Lawyers (QBPL) is a specialized law firm catering specifically to commercial property owners. With over 75 years of history, they have established a significant presence in the field​​.

Visit Our Website

[qldbusinesspropertylawyersau]

QLD Business Property Lawyers

QLD Business Property Lawyers offers specialized legal services in business and property law. With over 75 years of experience, they provide expert advice on various legal matters, including compensation, litigation, wills, and estates law, catering to clients both in Australia and internationally.

Visit Our Website

[qldbusinesspropertylawyersbr]

QLD Business Property Lawyers

QLD Business Property Lawyers (QBPL) is a specialized law firm that caters specifically to the needs of commercial property owners. With a rich history spanning over 75 years, QBPL has established itself as a trusted and reliable legal partner in the property industry. Our team of Business + Property Lawyers possesses extensive knowledge and experience in all facets of property law, enabling us to provide comprehensive legal solutions to our clients. We understand the complexities and nuances of property transactions and disputes, and we work diligently to protect the interests of our clients. At QBPL, we offer a wide range of services tailored to the unique needs of commercial property owners. Our areas of expertise include property acquisitions and sales, leasing and tenancy agreements, property development, due diligence, property finance, and dispute resolution. What sets QBPL apart is our commitment to delivering exceptional client service. We prioritize clear communication, responsiveness, and attention to detail in all our interactions. Our goal is to provide practical and effective legal advice that helps our clients achieve their business objectives. If you are a commercial property owner in need of legal assistance, QLD Business Property Lawyers is here to help. Contact us today to discuss your specific needs and find out how we can assist you in achieving your property-related goals.

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[alflawyers]

Finding the Right Commercial Lawyer in Brisbane

Navigating the complexities of business law requires the expertise of a seasoned commercial lawyer. Whether you’re starting a new business, expanding an existing one, or dealing with legal challenges, a commercial lawyer can be your most valuable ally. Here’s a comprehensive guide to finding the right Commercial Lawyer in Brisbane.

Why Hire a Commercial Lawyer?

Expertise and Knowledge

Commercial lawyers possess specialized knowledge in business law, making them adept at handling the legal intricacies involved in running a business. Their expertise ensures that your business operations are legally sound and protected against potential legal pitfalls.

Risk Management

Legal issues can pose significant risks to your business. A commercial lawyer helps identify and mitigate these risks, ensuring that your business remains compliant with all legal requirements.

Dispute Resolution

In the event of a dispute, having a commercial lawyer can be crucial. They can represent your interests in negotiations, mediations, and court proceedings, aiming to achieve the best possible outcome for your business.

Strategic Advice

Commercial lawyers offer strategic legal advice that aligns with your business goals. Whether it’s expanding into new markets or restructuring your company, their insights can help guide your decisions.

How to Choose the Right Commercial Lawyer in Brisbane

Experience and Expertise

Look for a lawyer with extensive experience in commercial law and a proven track record of handling cases similar to yours. Check their qualifications, areas of specialization, and past client testimonials.

Reputation

A lawyer’s reputation can speak volumes about their reliability and professionalism. Seek recommendations from other business owners, read online reviews, and consider the lawyer’s standing in the legal community.

Communication Skills

Effective communication is key to a successful lawyer-client relationship. Choose a lawyer who communicates clearly, listens to your concerns, and keeps you informed about the progress of your case.

Fees and Costs

Understand the lawyer’s fee structure before hiring them. Some lawyers charge hourly rates, while others may offer fixed fees or retainer agreements. Make sure their charges align with your budget and that there are no hidden costs.

Accessibility

Ensure that the lawyer is accessible and responsive. You need a lawyer who is available to address your queries and concerns promptly, especially during critical moments for your business.

Conclusion

Choosing the right commercial lawyer in Brisbane can significantly impact your business’s success and legal security. By considering factors like experience, reputation, communication skills, and cost, you can find a lawyer who will be a valuable partner in your business journey. Remember, the right legal support can help you navigate challenges, seize opportunities, and achieve your business goals with confidence.

[rcblaw]

Commercial Lawyers Brisbane | RCB Law

At RCB Law, our experienced commercial lawyers in Brisbane can assist you with all aspects of buying and selling property, from negotiating and drafting contracts to settlement. We can also advise on leasing commercial property and contracts related to sales and purchases in commercial settings.

[croninmiller]

Top 6 Strategies for Hiring Commercial Litigation Lawyers

When facing legal battles in the corporate world, having the right commercial litigation lawyers by your side can make all the difference. However, with so many options available, it can be overwhelming to choose the right legal representation for your business.

Fear not! In this blog post, we'll explore six effective strategies to help you navigate the process of hiring commercial litigation lawyers Brisbane with confidence.

Define Your Needs Clearly

Before diving into the sea of commercial litigation lawyers, take a moment to define your needs clearly. What specific legal challenges are you facing? Are you dealing with contract disputes, intellectual property issues, or regulatory compliance matters?

By understanding your requirements upfront, you can narrow down your search and focus on commercial litigation lawyers with relevant expertise in your industry.

Conduct Thorough Research

With your requirements in mind, it's time to roll up your sleeves and conduct thorough research. Start by seeking recommendations from trusted sources such as fellow entrepreneurs, industry associations, or legal directories.

Additionally, leverage online resources to explore commercial litigation lawyers' profiles, reviews, and case histories. Pay attention to their track record of success and their approach to handling similar cases.

Evaluate Experience and Expertise

When it comes to commercial litigation lawyers Brisbane, experience and expertise are paramount. Look for attorneys who have a proven track record of handling complex commercial disputes effectively. Consider factors such as the number of years in practice, relevant courtroom experience, and success rate in similar cases.

Don't hesitate to ask commercial litigation lawyers about their specific experience in your industry and their approach to resolving disputes.

Assess Communication and Compatibility

Effective communication is essential for a successful attorney-client relationship. During your initial consultations with commercial litigation lawyers, pay attention to how they communicate and whether they take the time to understand your concerns.

Additionally, assess their availability and responsiveness to ensure that you'll receive timely updates on your case. Moreover, consider the compatibility of your working styles and personalities to ensure a smooth collaboration.

Discuss Fees and Billing Structure

Before making a final decision, it's crucial to discuss fees and billing structure with potential commercial litigation lawyers. While some attorneys bill by the hour, others may offer alternative fee arrangements such as flat fees or contingency fees.

Be transparent about your budget constraints and ask for a detailed breakdown of costs associated with your case. Remember that investing in quality legal representation can yield significant returns for your business in the long run.

Trust Your Instincts

Last but not least, trust your instincts when choosing commercial litigation lawyers Gold Coast. Beyond qualifications and credentials, consider factors such as trustworthiness, integrity, and chemistry. After all, you'll be entrusting them with your company's most sensitive legal matters.

If something doesn't feel right during the hiring process, don't hesitate to explore other options until you find the perfect fit for your business.

Conclusion

Hiring the right commercial litigation lawyers Brisbane requires careful consideration and strategic planning. By defining your needs clearly, conducting thorough research, evaluating experience and expertise, assessing communication and compatibility, discussing fees and billing structure, and trusting your instincts, you can find the ideal legal representation to protect your business interests and navigate commercial disputes effectively.

Remember, when it comes to legal matters, proactive decision-making can make all the difference in achieving favourable outcomes.

Source From: Top 6 Strategies for Hiring Commercial Litigation Lawyers

[banefclawyers]

Franchise Dispute Lawyer and Commercial Law Firm in Brisbane

Bane Franchising & Commercial Lawyers in Brisbane specialize in resolving franchise disputes. Our experienced team offers expert legal counsel at a commercial law firm in Brisbane. Trust us to navigate the complexities and protect your business interests. Your success is our priority. For more information, feel free to contact us at 0406 261 777.

[theqldbusinesspropertylawyers]

Form fight: seller to pay agent 20% commission on terminated contract

How often do real estate agencies get their hands on a commission from a deal that goes sour and how rarely does that turn out to be a motza?

Consider this real estate deal that crashed in 2020 but nevertheless reaped a $1.5 million commission for the agent concerned.

In January 2018, tourism group Sunshine Group Australia Pty Ltd appointed Cassowary Coast agency Andersons Real Estate for the sale of some 500 acres in Mission Beach.

The Form 6 appointment, provided that it was a “continuing appointment” commencing on for an “open listing” at a list price of $12 million at an agreed of 4.4% of the sale price.

Grahame Anderson was the agency’s sales manager and his wife its sole director.

The property had local authority approval for subdivision, an 18-hole golf course and resort accommodation.

Anderson was approached by Victor Soh who said he had “international buyers” who would be interested in the property.

In May 2019, Soh, Anderson and Sunshine entered into a deed agreeing to a success fee of $500,000 plus GST being payable on the settlement of a sale at $6.5 million plus GST.

Although the deed referred to a form 6 being attached, no form 6 was attached to the signed agreement.

A form 6 was prepared later that month for a “single appointment” for an exclusive agency expiring at the end of July and thereafter continuing as an open listing.

It provided for 4.4% commission for a sale price up to and including $6.3 million plus GST and if the sale price exceeded that sum, the agency was to be paid the entire excess plus GST.

The form 6 appointment included the standard condition that commission was payable even if the sale contract was terminated.

A contract was signed up with the Mayfair 101 group in August 2019 at $7.5 million with settlement 90 days after satisfaction of due diligence.

In May 2020 the buyer’s solicitor requested a rescission so a new contract could be entered into on the same terms with a related entity as buyer.

Although that contract envisaged an immediate settlement, that did not occur and Mayfair’s $750,000 deposit in the agency’s trust account was claimed by the seller.

Anderson Real Estate claimed the full $1.65 million on account of commission worked out as per the May 2019 appointment and when Sunshine refused to pay, filed a lawsuit in the Supreme Court in Brisbane.

Sunshine counterclaimed to recover the deposit in its trust account alleging – among other things – that the commission was not payable because the sale occurred after the term of the exclusive agency had expired.

Chief Justice Helen Bowskill ruled otherwise, concluding the sale had occurred within the period envisaged by the May 2019 form 6 because it was signed up during the open listing that followed after the exclusive agency term.

She also ruled that the failure to state in the appointment that commission would be calculated by reference to the “actual” sale price was immaterial.

The appointment complied – she ruled – with the relevant sections of the Property Occupations Act because it was clear that it would only be payable by reference to the price for which the property was agreed to be sold, not the advertised or listed price.

That conclusion was upheld on appeal.

“There was no error in the primary judge’s conclusion that the omission of the word ‘actual’ before ‘sale price’ rendered the form 6 to be of no legal effect,” held Justice David Boddice with whom Justices Burn and Ryan concurred. “The words ‘sale price’ in the form 6 [refer] to the price for which the property was agreed to be sold, which, for the purposes of the section, is the actual sale price”.

The appeal judges also upheld the chief justice’s finding that the agency had been the effective cause of the sale – rather than Anderson personally because it had been the party appointed under the relevant form 6.

Sunshine also contended the May 2019 form 6 should be read as part of a wider transaction that involved the deed entered into a few weeks earlier that envisaged commission would be payable only in the event a sale proceeded to settlement.

The trial judge and the appeal judges rejected that argument.

In their views, the May 2019 form 6 appointment was to be read alone, thus entitling the agent to commission even if the sale didn’t settle and to the lavish commission that had been agreed.

“The factual circumstances did not support a conclusion that the plain terms of the subsequent Form 6, as to payment of commission on a specified basis and in specified circumstances, including in the event of commission being payable even though the relevant sale did not proceed to settlement, was to be read down,” ruled the appeal judges.

Not only does Andersons get to keep the $750,000 deposit but Sunshine must pay it a further $900,000 plus its legal costs of the trial and appeal!

ORIGINALLY FOUND ON- Source: QLD Business + Property Lawyers(https://qldbusinesspropertylawyers.com.au/blog/form-6-fight-seller-to-pay-agents-20-commission-on-terminated-contract/)

[qldbusinesspropertylawyersau]

Lessor floored: make good costs reduced by windfall benefit

Landlords and tenants squabbling over make good costs in commercial leases should consider this dispute relating to an industrial warehouse leased to a heavy machinery hire company.

Kingston Industries took up occupation of the western Sydney premises in August 2010 and after its lease extensions expired in July 2017, it continued occupation on a month-to-month basis until December that year.

Landlord Diana Morabito claimed Kingston was responsible for the make good cost of replacing concrete surfaces in the warehouse and the car park which she claimed had been shattered by the tenant’s steel track earthmoving equipment.

She demanded the former tenant pay $344,000 in make good costs plus lost rent of $295,000 for the 18-month period between when Kingston departed and the date the premises were re-let in June 2019.

The lease – which specified a permitted use of “Plant Hire/Distribution” – contained the usual provisions in relation to the tenant’s maintenance and repair obligations but excluded damage caused by the landlord’s negligence or which occurred “outside its control” from the realm of tenant’s responsibility.

The terms also prohibited the tenant from “allowing the floor to be broken or damaged by overloading”.

The landlord was obliged to “maintain the structure of the premises in good repair” but it gave no warranty or representation that they were suitable for the tenant’s use.

When Kingston refused to pay, the landlord filed proceedings to recover her make good costs in the NSW Supreme Court.

Morabito contended that the permitted use did not extend to moving steel tracked equipment on the concrete surfaces without using protective measures of mapping or steel plates.

Justice Elisabeth Peden had to consider whether machinery with steel tracks was “plant”- and therefore permitted – that would ordinarily be expected to be moved around.

She saw no need to resort to the principle that lease covenants including those in relation to permitted use “are strictly construed against a lessor” because the word “plant” unambiguously included the tenant’s steel tracked equipment – some of over 22 tonnes in weight – of which the landlord had been aware.

Suspecting that the concrete surfaces were defective, Kingston engaged engineers to inspect and test the damaged paving.

Kingston managed to locate Fernando Algorry, the engineer who originally designed the concrete surfaces who swore that – because he was not provided with instructions about the type required – he had adopted a standard specification for concrete suitable for light to medium industry and machinery with pneumatic tyres only.

He also attested that the concrete supplied to the job – by reference to the few cartage delivery documents the landlord produced in discovery – was even inferior to the grade of product he had specified.

And had he known what was actually supplied, he “would not have certified” the low grade concrete that had been supplied.

This allowed Kingston to argue the failure in the concrete fell into one of the exceptions to its maintenance and repair obligations because it was caused by the landlord’s negligence; beyond its control; or it had occurred as a result of “fair wear and tear”.

Justice Peden accepted Kingston’s submission that Ms Morabito’s failure to produce many missing cement truck delivery dockets entitled the court to conclude they would not benefit her case and that it should conclude all batches delivered had been of low grade.

She went on to conclude that the paving damage had not been caused by Kingston’s machinery or overloading but rather by “a matter beyond its control and for which it ought not be liable”.

She went on to consider the validity of landlord’s figures to decide the damages to which she would be entitled should an appeal court decide otherwise regarding the concrete defects.

In the absence of the landlord taking reasonable steps to mitigate her loss by promptly recruiting a replacement tenant, her claim for lost rent was dismissed.

The court also decreed that any damages for the cost to replace the damaged paving should be reduced by “the betterment obtained from the new concrete”. That benefit was – having regard to the projected 50 year “life” of the new concrete paving – an additional 7.5 years.

“A successful plaintiff should not be awarded a windfall amount by reason of obtaining a better outcome, than had the defendant performed its obligations”. Similar reductions apply if a landlord gains “greater efficiency or productivity” from the repairs conducted from make good funds.

Thus Kingston – if it were to be liable at all – would have had to pay the replacement cost for the slabs, reduced in proportion by such “betterment”.

And a $58,000 claim for other make good items was reduced to $3,320 because Mrs Morabito had not demonstrated the damage was caused by Kingston as opposed to “fair wear and tear”.

ORIGINALLY FOUND ON- Source: QLD Business Property Lawyers(https://qldbusinesspropertylawyers.com.au/blog/lessor-floored-make-good-costs-reduced-by-windfall-benefit/)

[qldbusinesspropertylawyersbr]

Home builder defeated on supply chain & materials cost contract price increase

In August 2022 Charith and Hew Perera entered into a “fixed price” $645k home build contract with an anticipated start date of 9 December having earlier paid a non-refundable deposit to secure the price.

Just eight weeks later builder Bold Properties Pty Ltd notified the couple that the anticipated start date would not be met – due to COVID related “shortages in various key building trades and disruptions to the industries supply chain” – and that the customer must “share the burden of the additional costs”.

On those grounds it imposed a price increase of $51,342.

The Pereras contested the builder’s reliance on special condition 7 which purported to allow it to “increase the contract price to the current base price of the house type”. The clause permitted it to do so at its sole discretion “in the event that commencement has not taken place by the anticipated start date”.

They applied to the District Court for an order declaring the price escalation clause to be void and severing it from the contract.

Judge Kenneth Barlow KC observed, when the matter came before him by way of originating application, that although the price increase was to the “current base price” of the particular house type, the contract provided no indication as to how the base price was determined.

“This leaves the respondent without any real constraint or reference criteria by which a price increase may be determined,” he noted. “Rather, the respondent may fix whatever price it determines as its current base price for the house type, including a price that has no correlation to the price that it agreed to charge”.

In his view, the ability to change its price without any express criteria rendered the clause void for uncertainty.

The court also considered section 14 of schedule 1B of the QBCC Act that requires domestic building contracts valued over $20,000 to specify the price or “the method for calculating it” and that a prominent warning be included with brief details as to the factors that might escalate the price.

The warning on this contract’s first page adjacent to the specified price stated that it was “subject to change” by reason of factors contained in various contract clauses.

The “subject to change” warning did not though refer to special condition 7 which only appeared on page 10 of the contract bundle, something the judge also thought was fatal to the builder.

The “indirect” reference to the special condition did not in his view meet the consumer protection objectives of the QBCC Act and was therefore void on that basis as well.

The court also considered the nature and effect of the delay to the build start date.

Clause 2.1 specified the building works would start “on the later of the anticipated start date or 20 working days from the day” that various prerequisites had been completed. Clause 2.7 obliged the builder to ensure that building works would start “as soon as is reasonably possible”.

On 22 November Bold had notified the owners that it anticipated commencing site preparations in January and the slab pour in February. It was not in dispute that the final start work prerequisite was satisfied when Bold received building approval on 23 November.

By operation of clause 2- – the judge concluded – it was therefore obliged to have commenced work as soon as possible but no later than 21 December 2022.

Judge Barlow observed that although special condition 7 was impliedly meant to allow an increase in the base price to reflect costs increases since the date of contract to that date in December – it was expressed in wider terms to permit any increase which thereby also made its potential effect uncertain.

The outcome has the effect of requiring Bold to build the home at the original price.

ORIGINALLY FOUND ON- Source: QLD Business Property Lawyers(https://qldbusinesspropertylawyers.com.au/blog/no-right-to-apply-price-increase-on-house-build-contract/)