Browse Forums General Discussion 1 Jun 22, 2021 1:52 pm Hi team. We had an architect draw up plans for a second story extension on our current 3 bedroom home. It took a lot of rejigging with the council and the engineers to get it right, but when it was FINALLY right, it was days before the current $15k homebuilders grant expired. So we signed on with a builder we had spoken to months before, and our HIA contract does NOT summarise all the specs and inclusions, as we only had a broad list from him at that time. We agreed upon a price, with him well knowing we needed to knock $30k off it once we had a breakdown of costs from him; we gave him out DREAM HOME, and assumed once he had costed that out to the dollar (ish) we could then make some savings with cheaper selections as needed. It is now clear, after much pushing/requesting, that his price doesn't include SO much of what we asked for, and he seems really reluctant to give us a cost breakdown. we are SO burnt out on this, to be honest my mental health is on it's last legs (we also have 4 kids!) and we won't get bank approval for the final amount, let alone whatever he missed/will need to add. he has mentioned a cancellation fee, if we bail, to "Cover costs incurred" which I can only assume is paperwork? Does anyone have any experience with this? We asked a lawyer and it's $3k to even engage them.... we have spent $90k in court with my husbands ex so I'd rather not blow more money on a lawyer. The builder is a nice guy, we just don't see how we can meet him at a price we can afford, and are kicking ourselves we signed on with so little detail.... HALP. Re: Cancelling contract for major Reno 2Jun 22, 2021 2:06 pm Also to add, I don't know what he has actually done to consider charging us, as it has been like getting blood from a stone for any details so far, and when we do get them they are missing things. I have seen some comment of getting charged a portion of his margin, but I can't for the life of me imagine how that's feasible given all he has done so far is some emails and calculations. Re: Cancelling contract for major Reno 3Jun 22, 2021 3:49 pm you're entitled to get a view of the work done if they will be charging you a fee. They cant just slap you with a flat cost without giving you an explanation of how its calculated. Read your contract, there should be some wording in there about cancelation terms etc. as far as lawyers go, i don't think you need one yet. You just need the builder to articulate the costs incurred and the $ figure. After that you can decide if you need a lawyer. You may find that the costs incurred are reasonable and include things you may have not considered (preparing applications for permits etc.) Dark matter scientist, can breathe underwater, mind reader and can freeze matter just by willing it. Trust me, its in my sig. Re: Cancelling contract for major Reno 4Jun 23, 2021 5:15 pm I think you are between a rock and a hard place and its all your own doing. Why on earth did you not get someone independent to review your contract before you signed? If you signed a building contract (even if foolishly) you are stuck. If you cancel the contract without a valid cause you will be liable for the profit builder would have made. And is if you cancel what then? Do you think another builder will give you all the inclusions you thought you were having, how do you know another builders price will not be much higher? Your better option is to get independent building consultant to review your situation and if necessary negotiate with the builder on your behalf. It may not be cheap but may save you from a disaster. Anything I said above is not a legal advice but 55 years of experience Foremost Building Expert in Australia,assisting with building problems/disputes, building stage inspections,pre-contract review advice for peace of mind 200 blogs http://www.buildingexpert.net.au/blog You talk about deletions, are they variations or PS and PC adjustments? pleas list them 1 16542 Hello It is good to have a planned bathroom reno to suit your budget and design, living for 10 years I think you need a bathtub 4 10352 Bought in Nov 21 at the height of the market (classic). Good area, atrocious floor plan. BUT has land out to the left-hand side that we can extend out on (see second… 0 8729 |