Browse Forums General Discussion Re: Bad building experience!! 21Nov 04, 2009 12:50 pm 2011 Home Sweet Home Handover 03 September 2010 PCI 27August 2010 Plumber 20August 2010 Electrician 19August 2010 Painting 04 August 2010 Cabinets 13Jul2010 Lockup 23June Frame 20April slab 1Mar10 Re: Bad building experience!! 22Nov 15, 2009 10:06 pm Blog:http://tamdaz-themajestic.blogspot.com The Majestic - Henley - Adelaide Thread:https://forum.homeone.com.au/viewtopic.php?f=31&t=20635 Day 200 23-4-10 Re: Bad building experience!! 23Nov 16, 2009 5:35 pm hindsight After a very busy and emotional week I am feeling better. At the time of writing of my original message I was in shell shock and couldn't believe what had happened. I am feeling somewhat better now. Thank you to those who have offered kind messages and feedback on the situation. In my first post I had left out some of the important details. Prior to all these events we tried to do things the right way. Firstly we tried on many occasions to discuss with the builder and his staff. I contacted Fair Trading who could do nothing, HIA - builder wasn't a member, BSA - wouldn't do anything until the final payment was made although referred us to the solicitor, Master Builders - spoke to a representative who advised he was a friend of the builder. Our only option was to seek legal advice. The legal advice we received (spoke to one solicitor who then referred us to a specialist in this field) was to cancel our contract and make it void which we did. This was the only option under the contract we had signed. The builder was notified that we had cancelled the contract. They were also notified that the locks had been changed upon the contract being cancelled to protect our house from those who had a key. As mentioned in a reply on this thread, we did not have builders locks on our house, I'm not sure why. The reason that I was able to get into the house and change the locks in the first place was because the builder did not lock our house, i did not break in. Every day I could find the house/block empty with no one in sight and our house open. This I believe was one of many of the contract conditions which the builder neglected. (The builder had given us permission to be on the premises and we both have a construction blue card as we have been owner builders previously. Kids were only brought into the house once contract was cancelled). So given that the land was ours, the building contract had been cancelled and the locks had been changed and they had been notified. I don't feel that I was trespassing as there was no contract. The amount owing on the final payment was a very minor amount compared to the investment of our land and the monies paid so far for the house. Upon cancelling the contract, the builder has the right to go us for what he can prove is fair and reasonable through a building tribunal which I say, bring it on. I also want to clarify that the person who grabbed me was not the builder himself but an employee of the builder who I had not ever met or spoken to so there could be no assumptions that I had provoked him. From the employees perspective, would you assault a customer (who you had never met prior) at your work because you may have felt that they were not doing the right thing by your boss or organisation? I hardly think so. I have also discovered that this builder has done this to 2 other families. One family is currently taking him to the building tribunal and the other made the final payment as they had no where else to live and then have tried to get the BSA involved so the faults can be rectified. So far they have $80,000 worth of faults that he refuses to fix. A search of his BSA license also shows that he has a major strike against his name for not rectifying a fault that could affect the health and safety of the occupants. Isn't it a shame that we didn't do more research on this builder before signing the contract. I have made the appropriate statements to the police. The witnesses are of their own free will going to the police to give their statements as well. I have had professionals in their trade come and view the work on our house and make recommendations on what needs fixing and how to fix it. That is why the cleaners etc were at the house in the first place, they weren't cleaning just doing a quote. Independent people brought in have been shocked at the quality of work in our house, especially plaster work, painting and cabinet making. We are currently getting industry experts to do formal reports clarifying what the problems are. Building your dream home can certainly be an emotional experience. Looking back at the events, I wish things had of been different and I probably wouldn't follow the same course of action even though I feel that our actions are just. We have now moved into the house and forwarded a portion of the final payment to show good will. The remainder of monies will have to be calculated after defects are fixed. I am looking forward to the building tribunal to get it sorted out. The proof is in the pudding and with the evidence we have I feel that the outcome will be fair to both parties. Thanks Michelle Firstly, I'm sorry to hear about your experiences with this builder. I'm aware that you can't name him/her for obvious reasons, but - given that we (and a number of others) are about to begin building projects - it would be handy if you could at least reference your location in your profile...That way, those of us getting "nervous" reading your posts might be able to conduct a bit more "due diligence" on builders local to us (assuming we're in the same "locality" you are). Carlisle use to sneak a water resistant "Performance Solution" into their contracts. Have you checked your contract for same? 4 10267 You might be able to apply to divert the sewer at your expense. In NSW you would contact a Water services co-ordinator and they would give you advice as to whether or not… 1 16150 do not pay until you are satisfied with workmanship windows require flashing over the head archithrave and up under weatherboards 3 28290 |