Browse Forums General Discussion 1 Jan 10, 2010 7:29 am hi im currently building a house, and its roughly 4 to 6 weeks until its finished. im puting a shed up behind the house and i wanted the builder to put the electrical cabling in when wiring up the house so it would be easy to connect the power to the shed. so i had this organised before the house was built. anyway ive noticed that they have only put a junction box on the side, for me to connect later. my contract says, ( provide underground cabling to detached garage ). when i pointed this out to the ss he said to me , na its only a junction box. so i made him grab the contract right there and then, and it clearly states provide underground cabling to detached garage. he didnt really know what to say. then he said , oh ill have to check out some other paperwork back at the office. i just know hes p.ssed off because the storm water has allready been put in and it will be a headache for him to do the trench. ive paid $220 for this so hes going to have to do it. so what im asking anyone is , should i keep hounding him to do this ? and is there any way he could try to get out of it. because its there in writing in my cotract. provide underground cabling to detached garrage.. Re: WHAT WOULD YOU DO ? 2Jan 10, 2010 7:49 am I wouldn't hound him at all. But I would expect exactly what the contract states. I would camly say that it needs to be done and if it's still not done at handover, put it on the defects list. If they don't complete the defects list in 3 months after handover, after a warning letter, it's off to the Department of Fair trading (or equivalent in your state). Your contract fully covers you. Demolition August 2009, Construction Started September 2009, Completed December 2010 Re: WHAT WOULD YOU DO ? 5Jan 10, 2010 8:57 am Casa2 Sorry, didn't realise you were in a hurry. If your contract states something then the builder has no choice. +1 Absolutely correct ! CARDINAL RULE : EVERYTHING in writing - if you haven't already Good luck Built the Eden Brae Cambridge 34 Family with Boston Corner Facade Re: WHAT WOULD YOU DO ? 6Jan 10, 2010 9:03 am What is exact wording of the contract...does it say provide underground power to shed...or does is say make provision for underground power. If it says the latter then strictly speaking they may be correct and use it as a get out of jail card. I'm not saying that meets you expectations or that you didn't make it clear...but trying to predict what the likely builder tactics might be. Also highlights the importance of accurate wording...if it says "provide underground power" you've got a firm contractual basis to push and claim that the house is not finished. Forewarned...forearmed. Sorry I disagree with Casa about putting it on a defects list...the a.n.a.logy would be if they forgot the HWS and said that's a defect and we'll clear it up in a few months. This is work omitted...not work completed which requires rectification mmm....donuts Homer Simpson 1956- Links: Site Costs Ready Reckoner | H1 Addiction Medical Advice | Château TDL: The Backyard Re: WHAT WOULD YOU DO ? 8Jan 10, 2010 10:12 am What would I do? Easy. Don't pay the final progress payment until it's done. Everything in your contract has to be provided, or the job isn't complete. Re: WHAT WOULD YOU DO ? 9Jan 10, 2010 11:28 am Why are you dealing with the builder yourself anyway? Surely all contractual issues should be handled by your solicitor? A letter from your solicitor will resolve the matter very quickly. After all, that's what you pay them for. Re: WHAT WOULD YOU DO ? 11Jan 10, 2010 2:28 pm Is the shed up?? If it isn't then that may be a problem as you have stated the wording in the contract and it doesn't say 'proposed' shed. I know it's technical but it is a contract and these things have to be worded very carefully. Re: WHAT WOULD YOU DO ? 12Jan 10, 2010 4:09 pm Merlin Why are you dealing with the builder yourself anyway? Surely all contractual issues should be handled by your solicitor? A letter from your solicitor will resolve the matter very quickly. After all, that's what you pay them for. What Solictor? I'm doing a new build and don't have a Solicitor. Figured I would get one if or when the need arose and then you pay them by the hour anyway so they will do whatever you want them to. For something like this (and it is very much a personal opinion), a solicitor is hardly required just yet. I would WRITE to the builder in a nice way with your concern and citing the contract. To end, I would ask for a response in writing. Meanwhile, SS is doing whatever he is doing and may come back with a different response. Either way, needs to run it's course a little more yet before a solictor is required . again, my very personal opinion only, others may have more experience but it's how I would handle it initially Re: WHAT WOULD YOU DO ? 13Jan 10, 2010 6:40 pm kek What would I do? Easy. Don't pay the final progress payment until it's done. Everything in your contract has to be provided, or the job isn't complete. As your contract said that underground power to detached building it can't get much clearer...so I'd go with kek's approach...no defects...no solicitor... ...just complete the house as contracted. mmm....donuts Homer Simpson 1956- Links: Site Costs Ready Reckoner | H1 Addiction Medical Advice | Château TDL: The Backyard Re: WHAT WOULD YOU DO ? 14Jan 10, 2010 6:57 pm wombat What Solictor? I'm doing a new build and don't have a Solicitor. Sorry, I assumed that as a contract had been signed that this would have been under the guidance of a Solicitor. Things must have changed since I last built a house Re: WHAT WOULD YOU DO ? 15Jan 10, 2010 7:10 pm Merlin wombat What Solictor? I'm doing a new build and don't have a Solicitor. Sorry, I assumed that as a contract had been signed that this would have been under the guidance of a Solicitor. Things must have changed since I last built a house He he, maybe I didn't bother. Given it was with one of the big builders and a standard contract that they will not entertain changes for, I didn't see the point. However, I've worked with contracts in business so was reasonably comfortable. If not, a Solictor to explain the implications would be useful. 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 8783 Thanks mate. Yeah good points! Leaning towards Option 3 to get a bit extra space in the cabinets but not going too crazy high (and expensive). Would require a mini… 13 39755 Hi It came to my attention after the handover that - The facade cladding on the face and the side are not straight. -The face tapers down by 50mm from left to right and… 0 2472 |