Kay’s solicitor to Expandify’s lawyer: notice to remedy breach

Kay’s solicitor’s notice sets deadlines for a nominee, installation and completion and warns of intended termination if they are missed; it does not itself terminate the contract.

The notice dated 4 September requires appointment and advice of a nominee within 14 days of the letter, installation to start by 21 September and practical completion by 16 October. It states an intention to terminate if the requirements are not met. It does not itself terminate the contract or establish a legal finding.

Readable source text

The notice body is transcribed. Letterhead, addressee details and the signature block are omitted; wording and errors are retained as printed.

Notice body, 4 September 2026

Dear Colleagues,

RE: KAY POWER -&- EXPANDER DWELLINGS PTY LTD T/AS EXPANDIFY

We refer to the 11 July 2025 our client entered into a written agreement for you to supply and install an off-site pre-fabricated dwelling (“the Contract”) at [redacted] (“Site”) for the sum of $224,003 (“the Contract Price”).

You client hereby issues you this Notice to Remedy the Breach of Contract for the following reasons:

1. The installation of the pre-fabricated dwelling constitutes building work under the Queensland Building and Construction Commission Act 1991 (“the Act”). Searches of the QBCC Licensee register indicate that your client does not have a nominee and has not had one since a least 11 August 2026. Section 42B of 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. Without a nominee your client is unable to perform its obligations to install the dwelling under the Contract Pursuant to section 19 and 21 of Schedule 1B – Domestic Building Contract of the Act (“the DBC Provisions”) it is an implied term of the Contract that your client will carry out the building work in accordance with all relevant laws and legal requirements. Your client’s failure to have a nominee amounts to a fundamental breach of the contract.

2. Your client was required to complete the installation of the home within 29 weeks of the contract date. Your client has failed to deliver the pre-fabricated dwelling to site to date amounting to a breach of the implied term of the contract to carry out the works with reasonable diligence pursuant to section 19 and 25 of the DBC Provisions.

Accordingly, our client hereby gives notice that should your client fail to:

3. appoint a nominee and advise our client of the appointed nominee, within 14 days of the date of this letter our client intends to terminate the Contract; or

4. commence the installation works by 21 September 2026 and reach practical completion by 16 October 2026 our client intends to terminate the Contract.

We trust this won’t be necessary and our client otherwise reserves it rights.

Source limitations

The site displays a redacted copy; the original is retained privately. Legal assertions are attributed positions, not findings. The private solicitor covering email is excluded.