Example advice by newer lawyers

Dear Jane,

I am writing to provide you with legal advice on your options for claiming against ABC Construction for
the defects and deficiencies in the construction work that they completed on your home.

Based on our review of the contract and relevant building codes and regulations, we believe that ABC
Construction has breached its contractual obligations by failing to meet the agreed-upon quality
standards and local building codes. As a result, you are entitled to pursue legal remedies to address
the defects and deficiencies in the construction work.

There are several legal options available to you, including:

1. Requesting that ABC Construction fix the issues: You may send a letter to ABC Construction
outlining your concerns and requesting that they address the defects and deficiencies in the
construction work. This may include requiring that the work be redone, or that compensation
be provided for the damages suffered.

2. Withholding payment and drawing down on security: You may withhold payment and draw
down on the security you hold under the contract until the issues are resolved, or until a
settlement agreement is reached between you and ABC Construction.

3. Pursuing legal action: If ABC Construction is unwilling or unable to rectify the issues, you may
need to pursue legal action. This may include initiating a lawsuit to recover the costs of repairing
the defects and deficiencies in the construction work, as well as any other damages that may
be incurred as a result of ABC Construction's breach of contract.

We recommend that you consider all of these options carefully, and we can assist you in deciding which
option is best for your particular situation. Please note that pursuing legal action can be time-consuming
and expensive, and it may not always result in a favourable outcome. However, we will work with you
to ensure that your legal rights are protected and that you achieve the best possible result.

Please do not hesitate to contact me if you have any further questions or if you would like to discuss
your legal options in more detail.

Kind regards,

[Your Name]
Construction Lawyer
 Example advice by experienced lawyers
Dear Jane,

We are writing to provide you with legal advice on your options for claiming against ABC Construction
for the defects and deficiencies in the construction work that they completed on your home.

Based on our review of the contract entered into between you and ABC Construction dated [X]
(Contract) and the defects report prepared by your Superintendent dated [Y] (Defects Report), our
view is that ABC Construction has breached its contractual obligations for the standard of the
construction work.

Section 1 - Advice Requested:

You have asked us to advise you on your best option for rectifying the “Defects” identified in the Defects
Report or otherwise claiming against ABC Construction.

Section 2 - Summary and Recommendation:

In our view, the best option is to send a letter to ABC Construction setting out:

2.1 a request to rectify the Defects previously notified to ABC Construction in the Defects Report
by a specified time;

2.2 the contractual requirements for ABC Construction to carry out the construction work to the
standard set out in the Contract and rectify any defects that do not meet that standard (see
Section 4.1); and

2.3 your contractual rights to withhold payment or otherwise engage another builder to rectify the
Defects and claim the rectification costs from ABC Construction as a debt due to you if ABC
Construction refuses to rectify the Defects (see Section 4.2).

We recommend this option because it is the most cost effective avenue and has the best prospects of
success for the Defects to be rectified by ABC Construction. This is also preferable to the other options
that you had considered (i.e. immediately withholding payment, drawing down on security or
commencing litigation) given that ABC Construction is still carrying out landscaping work on your
property and in the interest of preserving the commercial relationship.

The detailed reasoning supporting this recommendation is set out below:

Section 3 - Background and Assumptions:

ABC Construction was contracted to complete the construction work on your home in accordance with
the agreed-upon quality standards and local building codes. On or about [Z], ABC Construction
completed and handed over the construction work on the house, and is currently completing the
landscaping works. In your review of the handed over work, your Superintendent has identified Defects,
as set out in the Defects Report (which we are relying on to set out the technical explanation of the
Defects). You had submitted the Defects Report to ABC Construction but they have indicated that they
would not carry out any rectification work.

Section 4 - Detailed Arguments in Support:

The Contract contains provisions related to the quality of the construction work. Based on the Defects
Report, our view is that ABC Construction has breached its contractual obligations by failing to meet
the agreed-upon quality standards and local building codes. This entitles you to pursue legal remedies
to address the defects and deficiencies in the construction work.

4.1 – Standard of Work

“[ABC Construction] warrants that all work performed under this Contract shall be performed in
a good and workmanlike manner and in accordance with all applicable laws, regulations, codes,
and standards. [ABC Construction] further warrants that all materials and equipment used in
the performance of the work shall be of good quality and free from defects.”

The Defects Report sets out the specific reasons where the construction work does not achieve the
standard set out in the Contract, including the scope documents.

4.2 – Other contractual remedies

Clause 12.3 of the Contract gives you the option of engaging another contractor to carry out the
rectification work in the event that ABC Construction refuses to rectify the Defects:

“If [ABC Construction] fails to correct or replace any defective work or materials as required by
this Contract, [you] may give notice to [ABC Construction] specifying the failure and requiring
[ABC Construction] to correct or replace the defective work or materials within a specified period
of time. If [ABC Construction] fails to comply with such notice, [you] may, at [your] option, make
good such defective work or materials or arrange for another contractor to make good such
work or materials, and the cost and expense thereof will be a debt due and payable by [ABC
Construction].”

Clause 14.9 of the Contract also gives you the power to withhold payment to ABC Construction if ABC
Construction does not rectify the Defects:

“If [ABC Construction] fails to correct or replace any defective work or materials as required by
this Contract, [you may] may, without prejudice to any other right or remedy [you] may have,
withhold payment of any amount otherwise due to [ABC Construction] in respect of such
defective work or materials until such time as [ABC Construction] has corrected or replaced the
defective work or materials to [your satisfaction].”

However, we understand that the remaining payment that may be payable to ABC Construction under
the Contract (approximately $9,000) would not cover the estimated value of rectifying the Defects
(approximately $85,000).

Section 5 – Next Steps:

We recommend that you consider sending a letter to ABC Construction setting out the details set out in
Section 2 above. We can assist you in drafting the letter to ensure that your legal rights are protected.

If ABC Construction does agree to rectify the Defects following receipt of the letter, we recommend that
you engage a different contractor to carry out the rectification work. We can assist you with claiming the
cost of the rectification work from ABC Construction, as well as any other contractual or legal avenues
for claiming against ABC Construction.

Section 6 - Schedules / Attachments for Supporting Documentation:

Attached to this email is a copy of the Contract (Attachment 1) and the Defects Report (Attachment 2)
referred to in our advice.

Please let us know if you would like us to assist in preparing the letter. Otherwise, please let us know if
you have any further questions or if you would like to discuss these options in more detail.

Kind regards,

[Your Name]
Construction Lawyer