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Thanks Scott – I should clarify the builder isn’t out of pocket because previous owner didn’t pay, only because the deal didn’t come off. Under the agreement he was always going to need to stump up the cost of getting permission, unlucky for him though the timeframe in the agreement lapsed just before the permit came through so he lost out.
I’ve since had a lawyer look at it and tell me the builder may have grounds to take an injunction out if I try start works. But it will depend on what was in his agreement with the designer (i.e. whether he ‘bought’ the rights to the plans). Assuming he did, he might be able to prevent me from building based on those plans.
THe lawyer recommended doing one of two things: 1) modify the design (by at least 5%) with a new designer, get new stamped plans from Council and build those or 2) offer the builder the money it would cost me to amend the design and remind him if he tries to sue, he won’t have a case to get any money – at best, he can simply stop me acting on the old plans.
Think I’ll get a second opinion before making the call.
