A Queensland homeowner hired a specialist trade contractor to supply and install custom finishes in their new home.
They paid most of the price upfront.
The deadline came and went, and the work was still unfinished months later. ezylegal ended the contract properly, took the contractor to court, and secured a settlement that covered the unfinished work.
At a glance
- Problem: A trade contractor was paid well over $100,000, mostly upfront, but missed the completion date and left the work unfinished.
- Claim against: The trade contractor.
- Legal basis: Breach of contract, including the contract’s completion date and its default and termination clause.
- Result: A settlement, paid by the contractor in instalments, covering the unfinished work.
Paid upfront, left waiting
The contract set a firm completion date. Most of the price had been paid by the time work started.
By the deadline, the work was nowhere near done. The homeowner waited, chased and gave the contractor time. Five months after the deadline, the work still wasn’t finished.
Ending the contract the right way
How you end a building contract matters. End it the wrong way and you can end up being the one in breach.
The homeowner gave the contractor a formal notice under the contract, setting out the default and giving them five days to fix it. The contractor didn’t. The homeowner then ended the contract under its default clause.
ezylegal worked out the value of the work the contractor had actually done, compared it with what had been paid, and added the extra cost of getting the job finished.
Taking the contractor to court
ezylegal filed a claim in the Queensland Magistrates Court for breach of contract.
The contractor defended it, saying the delays were outside its control. The contractor admitted the work wasn’t finished on time, though. So ezylegal applied to the court to decide the case without a full trial, on the basis that the defence had no real prospect of success.
The outcome
Facing that application, the contractor agreed to settle. It paid the homeowner in instalments over the following months, covering the unfinished work.
What can I do if a tradie took my money and didn’t finish the job?
You can end the contract and claim back what you paid for work that wasn’t done, plus the extra cost of finishing it, as long as you follow the contract’s default process first.
Most building and trade contracts say how to deal with a contractor who falls behind. Usually that means a written notice giving them a set time to fix the problem. If you skip that step, the contractor can turn the dispute back on you. If the contract sets an amount payable for delays, that’s called liquidated damages.
If you’re facing something similar
If your tradie or contractor has stopped turning up or missed the deadline:
- check your contract for the completion date and the default or termination clause
- keep a record of every payment and what it was for
- take dated photos of the work as it stands
- put your concerns in writing, and keep the replies
- get advice before you end the contract or bring in someone else to finish
Get advice early, because time limits apply. Read more about property and building disputes.
ezylegal operates on a no-win, no-fee* basis across consumer, commercial and insurance disputes, so you’re not weighing the cost of a lawyer against the cost of walking away.