Browse Forums General Discussion 1 Mar 21, 2022 9:49 pm I have asked our builder to clarify the reason for a small timber frame entry wall being omitted from our quote despite being shown on the plans. I was notified of this while liaising with their designer about materials and cabinetry for the wall. The builder says it was not a confirmed item at the time and is claiming that the quote doesn't include it because it says walls to 'bathroom, laundry and kitchen' only, while the wall is in the dining room. However, it is shown on the 'kitchen floor plan' drawing and I think that their argument is just a convenient coincidence. I have challenged this wording and asked how it came to be excluded from the quote despite being on the plans. I suspect that maybe it was an error and it should have been included. Other than lodging a complaint, which is something I'd like to avoid, do I have any other course of action? So far they've been unwilling to budge or even acknowledge the information I've provided them. The cost of the variation they've provided for the wall is high enough that given other necessary variations we've come up against, I'm likely to reject the variation and get the wall built cheaper after the fact. Is this something that is worth my time pursuing or am I just causing myself unnecessary stress? Re: Suspected error in the quote 2Mar 22, 2022 4:31 am dylydyly I have asked our builder to clarify the reason for a small timber frame entry wall being omitted from our quote despite being shown on the plans. I was notified of this while liaising with their designer about materials and cabinetry for the wall. The builder says it was not a confirmed item at the time and is claiming that the quote doesn't include it because it says walls to 'bathroom, laundry and kitchen' only, while the wall is in the dining room. However, it is shown on the 'kitchen floor plan' drawing and I think that their argument is just a convenient coincidence. I have challenged this wording and asked how it came to be excluded from the quote despite being on the plans. I suspect that maybe it was an error and it should have been included. Other than lodging a complaint, which is something I'd like to avoid, do I have any other course of action? So far they've been unwilling to budge or even acknowledge the information I've provided them. The cost of the variation they've provided for the wall is high enough that given other necessary variations we've come up against, I'm likely to reject the variation and get the wall built cheaper after the fact. Is this something that is worth my time pursuing or am I just causing myself unnecessary stress? It might be worthwhile seeking some legal advice on this, as I always was under the impression that the approved plans when included in the contract ranked higher in the dispute order then a written specification, unless the builder specifically excluded that item in the contract. We are all human and we all make mistakes. I often make mistakes when I am writing quotes, because I am hopeless, so there needs to be an order of precedence when there is a conflict in the documents. Off course I could be completely incorrect on this point, which is why you should get professional advice, but If I had screwed up and forgotten to specifically exclude an item, then I would take it on the chin. I have this opinion for two reasons: 1. The contract we use specifically says that plans take precedence ( see attached screenshot) Also attached is the HIA version from NSW in 2018 that I have which is more complex and ranks the plans lower. 2. I was at Metricon, we were building 87 townhouses for a client, getting towards the end of the build the client wanted us to install clotheslines that were shown on the plans, but as they were not on the inclusions list, the powers to be in Melbourne were quite adamant that they would not be paying for them. This went back and forth for sometime until we got some advice saying we needed to install them, so we did, Could have saved heaps of time just doing them in the first place. Anyway, good luck and check your version of the building contract off to work now for more demolition Cheers Simeon Screenshot from the HIA Contract NSW version circa 2018This clause seems inherently unfair. Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Screenshot from the NSW fair trading contractThis is a far more reasonable position then the HIA contractLike ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Architectural Homes & Duplexes - specialising in custom designing homes to your budget Get a Free Onsite Consultation Today or send a PM for information, questions or advice. Re: Suspected error in the quote 3Mar 23, 2022 1:52 am Sorry are you at Quote Stage or Contract Signed with Plans? Quote, you have no chance. Contract Signed with "contract plans showing the wall on the floor plan." First check the contract for time frame for Errors & Omissions if it is outside the times then it can be enforced. But Contract, is contract, not quote and not tender! We are Expert Consultant's, and we are here to help. Re: Suspected error in the quote 4Mar 23, 2022 1:18 pm I well remember being given our plans for the then new house and told to check and "accept" them. I had a few questions - one of which was regarding the solar panels on the roof. We should have had 16 I think, but it only showed 4. I asked if this was only an indicative thing - ie having them showing on the plans - but was told - NO - they had only placed 4 in our deal. I pointed out we'd paid for 16. They then sent me a revised set of plans to "accept". Arguing later would have been a problem even if I was right. But you have to check and NEVER TRUST/BELIVE them on word of mouth. All I could really look for was the obvious - eg another one was a missing double pp in the ensuite. AND - get the agreed words in writing - do not reply on telephone calls. Just accept its a mistake - not deliberate - BUT double check everything if you are asked to. If its written/drawn in black and white - then that is what counts. hey there! 😊 so, it’s kinda common for standard drawer depths to be around 500mm since most cabinets use this size to fit the usual runners… 3 21618 I was being kind to the builder. With the amount charged for the upgrade the builder is probably charging closer to 100% margin. There are a few variables as I… 5 14805 I had 28m2 of engineered pavers laid six months back and it was difficult to find someone not taking the pi$$. Internet suggested it should be $85-100/m2 to lay them.… 3 13313 |