Builder not allowing us to do final practical inspection

Hi All

our builder had just emailed us saying he had reached practical completion.

we in informed him we would like to bring through a independent builder inspector and he has blatantly refused and just asked for the final payment.

we have emailed him several times quoting the contract saying he needs to come back to us with a date and time to do the final inspection but just keeps saying you can have access once the final payment is made.

this seems so unethical that we cannot even inspect our own home at the end before final payment and ensuring it is build to code.

had anyone encountered this before or can recommend next steps as this has made us very worried and uncertain of the next steps.

thankyou.

In short they can't. If he's not listening to you despite contract terms being quoted, I suggest getting a lawyer to draft you up letter. Should scare them enough to relent

thankyou for your input. we were suppose to be in before Christmas. i think the legal route may be our only option now and just concerned how much more time and money and stress this process will endure

Understandable. Though the fact hes trying to extract final payment before you get to inspect is a huge red flag.

I suspect if you engage a construction lawyer and get a letter, that's all you will need from the legal route. You just need to call his bluff, and that's likely to only cost a couple hundred all up. Small price to pay compared to potentially whatever they're hiding.

I doubt they will escalate. they are in the wrong and it will cost them more money in the end if they fight it. They're breaching contract, and its all in black and white.

Thanks again for the re-confirming the red flag.

You wouldn't happen to be able to recommend any reputable construction lawyers that may assist at short notice?

Feel free to PM if you do.

Unfortunately I don't. I generally have these fights myself. I know there is one on the forum here that advertisises their services. I think their handle is "construction lawyer". Should be able to find it in the directories. They may be able to help or point you somewhere

what does the contract say?

ok good, so go through and put a tick or cross next to each item

of interest:

21.2(b)
21.3(a) OR 21.3(b)

One of the things to be aware of is the contractual definition of the Owner.

In the copy of the HIA standard I have the defination is:

Owner' means the person, partnership or company named in the Particulars of Contract and wherever appearing in this Contract includes their agents executors and administrators.

If you want to engage an independant inspector they become your agent. If the builder refuses them permission to enter the site they are refusing the Owner.