Browse Forums Building A New House 1 May 01, 2023 12:16 pm Hi guys, Please see details below and advice. Purchased block of land in Brisbane (QLD) 20 May 2021 Signed HIA contract to build double storey house with small builder on 23 June 2021 Council approval received on 6 April 2022 Footings and Underground work started on 25 May 2022 Builder suppose to send letter of commencement & practical completion letter but did not Slab on 5 June 2022 Builder struggles to find steel framing company to install frames as he was not having money to pay them upfront Frames installed on 15 November 2022 After the frames got installed, builder immediately sent invoice without physically verifying quality and accuracy. We paid the invoice immediately but after checking frames, we found that all door heights were wrong and laundry wall was installed incorrectly. This shows builder's Lack of Supervision and not physically verifying work. Finally framing company has rectified issue and sent form 12 and 15 certificate for it on 31 March 2023. My HIA contract mentiones building period is of 290 days including time allowances which is expired in February 2023. Late completion damages mentioned as $120 per day. Till date, builder has neither sent us 'Letter of Commencement & Practical completion date' not 'Extension of time notices'. My house built is not moving further as builder continues to struggle for funding and cashflows and it is still at frame stage even after almost 2 years. Could any expert advice why builder is not sending those documents to me as I can easily prove when the actual construction commence and when the building period ends. Also, what are my legal rights and will I find it difficult to fight my case in QCAT without those letters? Re: Builder not giving letter of commencement and practical 2May 02, 2023 8:00 pm dhison Hi guys, Please see details below and advice. Purchased block of land in Brisbane (QLD) 20 May 2021 Signed HIA contract to build double storey house with small builder on 23 June 2021 Council approval received on 6 April 2022 Footings and Underground work started on 25 May 2022 Builder suppose to send letter of commencement & practical completion letter but did not Slab on 5 June 2022 Builder struggles to find steel framing company to install frames as he was not having money to pay them upfront Frames installed on 15 November 2022 After the frames got installed, builder immediately sent invoice without physically verifying quality and accuracy. We paid the invoice immediately but after checking frames, we found that all door heights were wrong and laundry wall was installed incorrectly. This shows builder's Lack of Supervision and not physically verifying work. Finally framing company has rectified issue and sent form 12 and 15 certificate for it on 31 March 2023. My HIA contract mentiones building period is of 290 days including time allowances which is expired in February 2023. Late completion damages mentioned as $120 per day. Till date, builder has neither sent us 'Letter of Commencement & Practical completion date' not 'Extension of time notices'. My house built is not moving further as builder continues to struggle for funding and cashflows and it is still at frame stage even after almost 2 years. Could any expert advice why builder is not sending those documents to me as I can easily prove when the actual construction commence and when the building period ends. Also, what are my legal rights and will I find it difficult to fight my case in QCAT without those letters? Look up the Qbcc, I would phone them and get some advice about non completion (there is also a pdf about non-completion also via the menu) , most importantly check that the builder has home warranty insurance on your build also, I am not familiar with Qld rules but you may also have grounds to terminate your contract. Others may have better advice but that would be what I would be doing asap. Re: Builder not giving letter of commencement and practical 3May 07, 2023 2:08 am The HIA contract, in the term & conditions section states that "Commencment" is deemed when the drainage is started or the piers are dug or the slab is formed up (incase you don't have piers or drains under the slab. It also states the owner may request a Completion Date (in writing) that the builder must respond too. Hope this helps, if not get legal advise We are Expert Consultant's, and we are here to help. Thanks. I called VBA today and they said it was a Consumer Affairs issue, the old handball. Seems like the government organisations don't want to do their job at the moment. 2 7697 Hi Mofflepop, I would recommend finding a building designer to prepare plans, they should design to your specified budget. The benefit is you can tender the project out… 9 21027 I work with owner, he/she is my man on the ground and I instruct them when to visit the site and take photos and I have other tools in the bag. 4 15729 |