Browse Forums Building A New House 1 Nov 22, 2022 7:57 pm I’m in desperate need of advice on what to do in this situation. I’m really hoping someone can guide me on what my options and legal rights are as this whole entire experience has been nothing short of a nightmare. I signed a building contract a year and a half ago. With no slab poured to date. My builder has been advised by my broker that if the slab isn’t poured within the next few weeks, the finance is going to expire for the second time and it won’t be re-approved as the rates have risen etc. My builder just keeps saying the same old “I’m waiting to hear back about a date for the pour” Which is getting really old now and I feel like I’ve been taken for a complete ride. I don’t want to build with this builder anymore. What are my options to get out of the HIA contract. 1. There has been a site cut & pipes installed (this took 6 months itself to do) - I don’t want to be held accountable for any works or costings as the time frame has just been absolutely ridiculous. 2. My plan was drawn previously from an independent draftsman that I paid for myself, however the builder re drew the plans with 3D internal drawings - now that the pipes are installed and there is no leeway on my plan to make any changes to the design what so ever, will I be able to take my plan to a new builder as it was originally drawn by the draftsman I went to? 3. My planning permit was applied through the builder to the council - can this be used for the next builder or it does it have to be resubmitted again? I’m quite worried the builder will try to charge me on anything they can including. This has caused great anxiety, stress - you name it. Any help would be appreciated Re: Delayed Build, being strung along 2Nov 22, 2022 10:11 pm Buildinglife I’m in desperate need of advice on what to do in this situation. I’m really hoping someone can guide me on what my options and legal rights are as this whole entire experience has been nothing short of a nightmare. I signed a building contract a year and a half ago. With no slab poured to date. My builder has been advised by my broker that if the slab isn’t poured within the next few weeks, the finance is going to expire for the second time and it won’t be re-approved as the rates have risen etc. My builder just keeps saying the same old “I’m waiting to hear back about a date for the pour” Which is getting really old now and I feel like I’ve been taken for a complete ride. I don’t want to build with this builder anymore. What are my options to get out of the HIA contract. 1. There has been a site cut & pipes installed (this took 6 months itself to do) - I don’t want to be held accountable for any works or costings as the time frame has just been absolutely ridiculous. 2. My plan was drawn previously from an independent draftsman that I paid for myself, however the builder re drew the plans with 3D internal drawings - now that the pipes are installed and there is no leeway on my plan to make any changes to the design what so ever, will I be able to take my plan to a new builder as it was originally drawn by the draftsman I went to? 3. My planning permit was applied through the builder to the council - can this be used for the next builder or it does it have to be resubmitted again? I’m quite worried the builder will try to charge me on anything they can including. This has caused great anxiety, stress - you name it. Any help would be appreciated Hey, have you read through your contract? In the end part it says if the builder fails to comply to these standards blah blah blah that you give them 30 days notice and if they still haven't rectified it in 30 days then you can Pull out of the contract and get your deposit back. Re: Delayed Build, being strung along 3Nov 22, 2022 10:17 pm I would suggest having a consult with a Buildings lawyer, first 15 minutes are usually free. And hit the "im going to file a report with the building commission" to your builder. Is your build with BGC? Re: Delayed Build, being strung along 4Nov 23, 2022 8:13 am Buildinglife What are my options to get out of the HIA contract. 1. There has been a site cut & pipes installed (this took 6 months itself to do) - I don’t want to be held accountable for any works or costings as the time frame has just been absolutely ridiculous. Unfortunately, if the builder has commenced work on site the contract is enforceable. It's not as simple as you want to pull out. The builder is incurring costs and you'll need to pay up? Buildinglife 2. My plan was drawn previously from an independent draftsman that I paid for myself, however the builder re drew the plans with 3D internal drawings - now that the pipes are installed and there is no leeway on my plan to make any changes to the design what so ever, will I be able to take my plan to a new builder as it was originally drawn by the draftsman I went to? That's the standard modus operandi, Redraw the plans and coloured 3D renderings and value add, Unfortunately, the redraws and rendering comes at a cost to you. That work is not free and there is no competitive pricing on variations once you have signed PPAs. Buildinglife 3. My planning permit was applied through the builder to the council - can this be used for the next builder or it does it have to be resubmitted again? Yes provide the builder releases copyright to you and the next builder. Buildinglife I’m quite worried the builder will try to charge me on anything they can including. This has caused great anxiety, stress - you name it. You signed a contract that is favourable to the builder and has little consumer protection...what do you expect? OT, you get better consumer protection if you buy a toaster (humour) Buildinglife Any help would be appreciated At worse, Join a Class action against a new home builder? If that's your choice then Goodluck with that, as you're in for more stress, delays and costs... a no win situation Cheers Chris Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs Hi, My home construction is complete, and the handover is scheduled next week. However the construction has been delayed and I have raised this to the builder. 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