Browse Forums General Discussion 1 May 21, 2009 10:16 pm We recently signed a standard HIA contract with one of the volume builders to build a double story house. The contract was very specific to provide 2100mm X 6000mm stacker door to alfresco (price $1,200, not allowance), but the plans were incorrect and we raised this at our contract signing via a variation to correct the plans. The builder phoned me yesterday and said that they made a mistake with the price and it will cost approx a $5,000 (max) extra as engineering advise them that they have to put steel framing to support the weight of the double story , they incorrectly gave me the price of a single story. I have a signed a fixed price contract with the original price in and if I read the HIA contract (16.3) errors made in plans and specification can not be claimed by the builder. I am therefor not paying anything extra, as they were aware that I am building a double story and the doors were in from when we signed the Sales Qutation - am I correct and has anybody had similiar experiences? Re: Variation by Builder post contract 2May 21, 2009 10:25 pm Bachplace We recently signed a standard HIA contract with one of the volume builders to build a double story house. The contract was very specific to provide 2100mm X 6000mm stacker door to alfresco (price $1,200, not allowance), but the plans were incorrect and we raised this at our contract signing via a variation to correct the plans. The builder phoned me yesterday and said that they made a mistake with the price and it will cost approx a $5,000 (max) extra as engineering advise them that they have to put steel framing to support the weight of the double story , they incorrectly gave me the price of a single story. I have a signed a fixed price contract with the original price in and if I read the HIA contract (16.3) errors made in plans and specification can not be claimed by the builder. I am therefor not paying anything extra, as they were aware that I am building a double story and the doors were in from when we signed the Sales Qutation - am I correct and has anybody had similiar experiences? To me if someone makes a mistake, they must fix it (pay for it). It was nice of the builder to avoid any confusion about who was at fault. Demolition August 2009, Construction Started September 2009, Completed December 2010 Re: Variation by Builder post contract 3May 21, 2009 10:29 pm Thanks. They then engineering told them that they can charge me for it and when I asked please let me know where in the contract it states that......well I am still waiting for an answer. Re: Variation by Builder post contract 4May 21, 2009 11:06 pm If you have a contract that specifies that those particular doors are being provided at whatever price, I'd say they have to wear it. If it was me, I'd be telling them tough luck. Re: Variation by Builder post contract 5May 21, 2009 11:38 pm Well, If i were you I would just pay for the extra. I won't mess with the Builder. I want my home to build with quality and peace of mind down the track right espeicially during practical completion there is alot of things we will begging them to fix. Re: Variation by Builder post contract 7May 22, 2009 7:53 am Couple of things... Did the contract wording state the stacker doors at all? Did the drawing show the stacker doors? Or was this why the correction was required? What was the contract order of precedence? Contract... Attached Drawings... Attached Specifications... If it was the above, drawings take precedence over the specifications... In which case you don't have much to stand by! Electrical Engineer... Don't hold that against me... And keen owner builder... Mainly the building part!! Re: Variation by Builder post contract 8Jun 02, 2009 4:58 pm I also am having trouble with my builder. Chuth77 - What happens if the door for example was in the drawings but not priced in the contract even though you asked for this as an option? Reason i am asking, our builder is sending a last variation including other changes we requested and they noticed that an upgrade has not been charged therefore they are adding this to the variation for me to sign. What are my rights? I think its their problem as they did not charge me for an option i requested. I have already gone to the bank and obtained approval on a set amount and not willing to pay the additional out of pocket expense and not willing to go without my upgrade. [b]Contract signed 3rd May --> Handover mid FEB Re: Variation by Builder post contract 9Jun 04, 2009 8:14 pm Tough one really... Without seeing your contract it really depends... But my way of thinking, builder should be copying this one sweet! If it is specified, and detailed in the drawings that you signed off on, for the given price, then they have stuffed up... Mind you don't expect any favours during the build... You have to word your correspondance very carefully on this one... Electrical Engineer... Don't hold that against me... And keen owner builder... Mainly the building part!! Re: Variation by Builder post contract 10Jun 04, 2009 8:23 pm The contract is it. If the builder forgot something that is a mistake that will eat into their margin. Remember, the margin includes an allowance for errors. It is unacceptable for a builder to say they forgot something. What stops any builder form saying I forgot something, even if they didn't. There would be no need for you to sign a variation, since the contract is OK as it is. Demolition August 2009, Construction Started September 2009, Completed December 2010 Re: Variation by Builder post contract 11Jun 07, 2009 11:16 am chuth77 Tough one really... Without seeing your contract it really depends... But my way of thinking, builder should be copying this one sweet! If it is specified, and detailed in the drawings that you signed off on, for the given price, then they have stuffed up... Mind you don't expect any favours during the build... You have to word your correspondence very carefully on this one... Thanks Chuth77, i agree. It's an option i was happy to pay for but not now that i have based my current budget around the contract price. I am still waiting on their response to this matter... [b]Contract signed 3rd May --> Handover mid FEB Re: Variation by Builder post contract 12Jun 10, 2009 12:20 am I think your builder should probably wear this cost as its their error. Remember that the builders' markup could be up to 40% on some things too so it may not be that much of a loss to them in actuality? I agree that its best to tread very carefully when making this point to your builder though. Go along the lines of explaining to them that you already have a budget/loan approval based on the original price and that you aren't able to fund the difference yourself at this stage but you would have been able to include it in your loan etc if you were aware of it earlier. Are you saying that these consultants are involved at key-points of the building, and perform site inspects at the stages, or only after building is completed to point… 4 8970 The irony. I'm starting to wonder if this a Bimguys second account. 84 29219 I work with owner, he/she is my man on the ground and I instruct them when to visit the site and take photos and I have other tools in the bag. 4 9618 |