Site Cos Provisional or Fixed

Hi All

I am into a conflict with builder regarding Site Cost. During sales paper work, I was told that the site cost has to be increased by 10K as the site requires piering and steel bars. I did this to avoid unexpected cost arising during build phase.
However, during construction, Slab plans showed that only steel bars are required. No piering is required and not done.
Now, I asked the builder to provide of where the difference was spent and I was refused.
My contract says "Provide all site related works....". It does not says the word Fixed. Does, it make it provisional? What are the options I have as I am aware that I have been mislead into high cost.
Thanks
Pd

You have been conned. It does not matter what you discussed beforehand, all it matters is what you signed off on. Unless the extra 10 K is clearly marked as provisional you have done your money.

Even if you were to mount recovery, your legal costs will exceed 10K so it's not worth it

This is why I always recommend pre contract review in the hope of picking up items like that.

Could you advise the legal basis on which I can raise a complaint? I only have text message in which confirmation was given and standard HIA contract.
However, the site cost does not mention the word "Fixed". Builder is confused and trying to make it Fixed.
Do you think I can mention No Waiver clause, incorrect information provided?

I can’t give legal advice

How does the 10k appear on the contract ? Is it a separate line with description of what is to be provided ? If it's just "site cost" - X amount where X was increase by 10k during sales negotiations then you are stuffed.

Thanks for the response. This was a single line as a site cost of $19K and done during sales negotiation