Evidence library · DOC-0087
Kay’s solicitor to Expandify’s lawyer: open letter on payment timing, nominee and completion
Source date: 1 Sept 2026 · Open solicitor letter
Kay’s solicitor’s open letter sets out her disputed position on payment timing and asks for nominee details and a completion schedule while recording delays and family impact.
Kay’s solicitor's revised open letter acknowledges foundation work and Expandify's report of port arrival on 30 August. It puts Kay's position that the next instalment is not due until 7 September, requests the previous and replacement nominee details and a completion program, and records delays and family impact. It contains no trust-payment offer. Legal allegations are the solicitor's position, not findings.
Text from the published document
This text comes from the redacted copy available on this website. Line breaks and formatting have been normalised. Read it alongside the source limitations below.
Page 1
Kay’s solicitor [solicitor business number redacted] P [address redacted], [solicitor address redacted] T [solicitor phone redacted] E [email redacted] 'Liability limited by a Scheme approved under professional standards legislation'. Our Ref: [case reference 04 redacted] 1 September 2026 Expandify’s solicitor Expandify’s solicitor [address redacted] [address redacted] [address redacted] By email: [personal email redacted] Dear Colleagues, RE: KAY POWER -&- EXPANDER DWELLINGS PTY LTD T/AS EXPANDIFY We refer to your email of even date. We are instructed that your client has attended the site for the installation of the foundations. Progress Claim Pursuant to the Sales Agreement, your client was entitled to a Progress Claim of 30% of the contract price “upon Arrival in Australia”. You have advised that the pre-fabricated dwelling arrived in port on 30 August 2026. Clause 5.3 provides that payment is to be made within seven days of notification of a Balance Payment is due (taking into consideration your client raised and issued an invoice prior to being entitled to do so). As such it is our client’s position that the payment of the 30% is not due until 7 September 2026. Further, please identify the clause that provides your client the right to charge storage costs for our client’s failure to pay the invoice on time. Given that the contract provides your client the right to charge interest on late payments and the fact that ownership of the pre-fabricated home remains with your client until payment in full such provision is unconscionable. Building Licence We note that pursuant to clause 42B of the Queensland Building and Construction Commission Act 1991 (“the Act”) a company must not carry out or undertake to carry out building work unless they have a nominee who holds an appropriate class of licence. Can you please confirm when the previous nominee ended its relationship with your client and when your client anticipates appointing the new nominee. Given the Act specifically addresses that a Head Contractor are required to hold a building licence where the building work is residential construction work of domestic building work your client’s allegation that it is able to lawfully carry out the foundation preparation and securing works in the interim is not reassuring especially in the context of your client’s conduct throughout the relationship. Completion of the Works Further, we ask that your client confirms the anticipated hand over date and the works timeline for reaching this milestone. We are also instructed that your client has advised that they can only deliver the pre-fabricated home by using the neighbours driveway. Please confirm the alternative solution if the neighbours do not consent to the use of their driveway. We note that your client performed a site assessment prior to the contract being entered and had it been communicated at the time of entry into the contract our client would have made prior arrangements with the neighbours to ensure such a delivery method.
Page 2
Page 2 Further, when our client entered into the agreement it was on the basis of representations that the home could be delivered, completed and handed over within 29 weeks. It has now been over 59 weeks since the contract was entered. The pre-fabricated home is to be installed on the property of our client’s daughter. Our client’s daughter is about to give birth. Given the significant physical, emotional and practical demands associated with childbirth and caring for a newborn, it is reasonable for our client to seek clear information regarding the anticipated construction program and key milestones so that appropriate arrangements can be made to ensure stability, safety and peace of mind for both the mother and child during this important period. Damages Our client has experienced significant stress, anxiety, frustration and emotional distress caused by your client’s unreasonable delays, failure to adequately communicate, failure to provide accurate information as to completion timeframes, and disregard of our client’s legitimate concerns. This conduct has created a prolonged period of uncertainty and anxiety. Our client was forced to find alternative living arrangements during this time in addition to expending significant time and energy attempting to obtain basic project information and secure the performance of your client’s obligations. As raised in our letter to your client of 30 June 2026, the contract expressly states that your client will provide “[a] comprehensive, hassle-free solution”. As such it is our client’s position that your client has failed to deliver what it has promised and in breach of the Sales Agreement. Accordingly, our client reserves her rights to seek compensation for her loss and damages. Yours faithfully Kay’s solicitor Kay’s solicitor Principal
Source limitations
Original standalone PDF preserved. Distinct from the same-date without-prejudice settlement proposal. Document date is recorded; covering advice is excluded. The site displays a redacted copy; the original is retained privately.