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Mistreated by builder

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We are building with a certain builder and we have paid 5% plans are with council but we have noticed some errors and the pre construction manager has been very rude and abrupt.we signed on what we wanted and Power of attorney signed the wrong ones so they are saying we go by the power of attorney and we arguing that we signed on what we wanted and poa was to sign on behalf of us but builder has gone ahead and disregarded what we signed for.Very stressed .We feel like pulling out.Whats the process?has anyone done this before?Council hasnt looked at plans yet.
If you've truly given your builder power of attorney, you have bigger things to worry about. A Power of Attorney is a legal document appointing a person or trustee organisation of your choice, to manage your financial and legal affairs while you are alive.
"we signed on what we wanted and Power of attorney signed the wrong one"

So you have two different signed copies by two different sets of people but only one set has been presented to the builder?


Not knowing the situation why you had a POA doing this this so we can't really speculate at what happened.

From the builders perspective sounds like they've only gone off what they've been given. Not sure what you can do if your signing off on the wrong documents apart from try and cancel everything and pay what ever fee's are required.
The Power of Attorney document should be a legally binding document as they have your power of attorney. You are getting caught up in which copy is correct from a legal stand point and wasting energy.

The problem statement is that council has the wrong plans. The solution is to resubmit with the right plans. If the coverage ratio, set backs, building height, overlooking and perimeter footprint are not dramatically different and within design codes it should get approved.

The question is whether you have confidence in your builder after an admin screw up. Remember the admin team does not build your house.

My builder had admin problems after another and also submitted or changed plans without informing me. We sat down and assessed what needed to be done and got on with it. Were there delays, yes there were. I am glad I stuck with them as the house is almost at hand-over and the house look simply amazing.

Work out what you want, I think all builders have admin issues as they have bespoke changes and an ever changing landscape of variables to deal with. The admin are usually not trained professional administrators as this would jack the costs up. I kept a very very close watch over all my docs and caught many oversights, omissions and errors (part of why the start took so long). I did think of walking away but then I would more than likely have the same issue with other builders and have to invest more emotional energy.

Good luck. Look at the builders work and decide.
lucask
"we signed on what we wanted and Power of attorney signed the wrong one"

So you have two different signed copies by two different sets of people but only one set has been presented to the builder?.


Seems I misread the OP.

I'm unclear why there is a POA and OP both signing stuff. Wouldn't having one party deal with this mitigate these types of mix ups?
Chinese whispers is getting you allready, the more the message is passed on the more accuracy it looses, I would try to make communication link smaller.
The problem is serious (and not uncommon) because building agreement(drawings)n should accurately reflect what was agreed. If builder then presented different set for signing to unsuspecting POA that is admin error at its best and misrepresentation at its worst.
I myself have been victim where I was the winning tenderer on gov't job but between tender and contract signing plans were altered and further onerous items and upgrades were added (I wasn't told).
I was able to recover with variation claims.

As a professional builder, I would expect another professional builder to submit complete set of agreed drawings for signature.

I think you have had a rough start but as AussieMark says not all may be lost. Sometimes the devil you know may be better that the one you don't.

I would recommend your situation review by experienced building consultant
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