Browse Forums General Discussion Re: Builder refuses to rectify defects 2Feb 08, 2022 8:36 pm We are Expert Consultant's, and we are here to help. Re: Builder refuses to rectify defects 5Feb 08, 2022 8:49 pm We are Expert Consultant's, and we are here to help. Re: Builder refuses to rectify defects 7Feb 08, 2022 9:17 pm Ok so they won't be overly concerned if you vomit on social media about them. Send an email requesting a response in writing to your questions, (make sure you turn on Delivery & Read receipts) you question being how they intend to rectify items 1, 2 & 3 prior to handover. They are allowed to respond. If they don't reply, send a notice of breach of contract, clearly documenting what was in the contract and how they have deviated from the contract plan, look at the energy efficiency report, specifically the requirement for the insulation, if it's noted in here the certifier should confirm it is completed prior to issuing the final inspection. Take lots of photos that you can proof the works weren't completed in accordance with the plan. We are Expert Consultant's, and we are here to help. Re: Builder refuses to rectify defects 8Feb 08, 2022 10:13 pm BuildingandLegal Ok so they won't be overly concerned if you vomit on social media about them. Send an email requesting a response in writing to your questions, (make sure you turn on Delivery & Read receipts) you question being how they intend to rectify items 1, 2 & 3 prior to handover. They are allowed to respond. If they don't reply, send a notice of breach of contract, clearly documenting what was in the contract and how they have deviated from the contract plan, look at the energy efficiency report, specifically the requirement for the insulation, if it's noted in here the certifier should confirm it is completed prior to issuing the final inspection. Take lots of photos that you can proof the works weren't completed in accordance with the plan. Thank you so much. The issues that I have posted above were actually identified by my independent inspector. Now I have got written reply from the builder saying that they would not fix these defects. That is the reason I was wondering if these defects are of concern or I should just go for a handover Re: Builder refuses to rectify defects 9Feb 08, 2022 10:35 pm Are they going to cause the house to fall down? No. Are you going to get pis sed off every time you walk past the issues? Yes Confirm the energy efficiency issues first, Go back to the builder and advise them that if it is not rectified, that you will be lodging a complaint with the regulator (building) that you will also lodge an application with VCAT unless they offset the cost to rectify against the final claim. On your Handover Inspection Defect list ensure you note the items as defects. good luck We are Expert Consultant's, and we are here to help. Re: Builder refuses to rectify defects 10Feb 09, 2022 6:25 am Follow the disputes procedure in your contract exactly and politely let your builder know you will be sharing a factual, balanced, professionaly written and legally appropriate account of your experience with them widely on social media if they don't agree to honour their contract within 5 days. Do these things in parallel. The extra cost to the builder of going to the tribunal is minimal therefore they figure they might as well refuse to rectify the defects at this point. If they are forced to later by the tribunal the rectification cost will be the same for them, but more inconvenient for you. Business as usual for many builders! Hi All, I engaged a tradie to install concrete retaining wall 600-800mm high over 32 meters in Victoria. Sleepers are 200*75*2000 mm installed over 17 steel posts. I… 0 6901 1 9474 All 3 items listed are defects and are of concern. Please seek qualified independent inspector and/or legal advice for your state. 1 8219 |