Browse Forums General Discussion 1 May 22, 2011 8:53 pm First time poster, long time reader. A year ago we decided we wanted a pool and the whole back yard landscaped. After receiving quotes we engaged a pool builder who also have a landscaping company associated with them to complete the project. The key reason for combining the services was that if something went wrong we made one call and no other trades people could blame each other. The quote was refined a couple of times due to small adjustments such as coping width etc and work commenced. The qoute was itemised, so excavate, pool, pavers, tiling, cabana, stone work etc. Pool dug and tiled beautifully. The construction component included an open cabana structure at the end of the pool and built on the one slab. The masonry wall for the open ended cabana was constructed fine and due to the rains we had in sunny Melbourne in December, we were told their construction guy couldn't start the cabana structure until late January at a minimum. We did get to swim in summer, but noted the paving tiles didn't match the coping tiles. Long of that debate was the contractor agreed to seal the pavers at their expense (say $800) and we were satisfied with the result. We didn't hear from them for six weeks even though the steel and timber for most of the cabana structure had been delivered to site and I have been storing it for around 10 weeks. I contacted them to ask when they would build and they said next week. Last week they turned up for a final check and said they needed to pick up the materials to pre-fab at their factory as they didn't want to make a mess. I smelt a rat but as all bills had been paid suffice for the timber and steel on site thought it's technically not mine anyway. They couldn't fit a huge beam and some timber in the truck so there is still some hoods on site. Two days later they rang and said 'sorry, we realise we must have under quoted and can't finish the job now...sorry, so we are walking away' essentially. I'm very disappointed as the only reason we gave them the job was that they were the only combined pool/garden company. We now have a masonry wall and need to get another builder to come and build and having got one quote I reckon we could be up for $8k - $10k more. They have simply wiped their hands as they are incompetent commercially. Is their anything I can do re VCAT or am I wasting my time. There is a chance a mate could build for the same price so do I just cut my losses? Thanks for your thoughts in advance. Re: My builder has cancelled the contract... what can I do? 2May 23, 2011 10:07 am You need to look at the clauses in your HIA contract. See clause 43.0 & 44.0 If you didn't get one you should contact a lawyer as this is required under law. Re: My builder has cancelled the contract... what can I do? 3May 23, 2011 2:19 pm Thanks chrisandkate. We had a contract for the pool but not for the landscaping including the cabana structure. Without one I reckon we could have an uphill battle though they had completed the paving, masonry wall and slab withour a contract. Maybe I should tell the HIA about their practice then? Not that I'm a spiteful person, if nothing else it may get them a slap on the wrist. I haven't mentioned their name yet - is it standard practive if disgruntled to 'name and shame' here? Re: My builder has cancelled the contract... what can I do? 4May 23, 2011 3:35 pm Given defamation laws it's not in your best intrests to name and shame publicly. You're responsible for your own postings here and you can be identified easily via your IP address. Homestead Homes SA: The Lamont Bayswood Estate; Aldinga Beach Preliminary Signing: April 2010 Floorplans: 13 June 2010 Building Contract: 19 June 2010 Selections: 28 Sept 2010 Scraped; Trenching: 21 Jan 2011 Slab Poured: 28 Jan 2011 Framing: 17 Feb 2011 | Completed 24 Feb 2011 Roof & Gutters: 02 Mar 2011 Bricks: 03 Mar 2011 Wire-up: 12 Mar 2011 Re: My builder has cancelled the contract... what can I do? 5May 23, 2011 3:37 pm fair enough, thanks. Re: My builder has cancelled the contract... what can I do? 6May 23, 2011 4:18 pm So how much of your agreed price does the landscaping and cabana cover? I'm pretty sure that there is a max you can charge without a contract and any amount above that must have a contract regardless of the works. Make sure you get a paper or electronic copy of them saying "we will not be completing xzy" or something to that effect. or else you won't have a leg to stand on when trying to get it sorted. Re: My builder has cancelled the contract... what can I do? 7May 23, 2011 4:35 pm We wanted the slab to be one piece, so pool deck and cabana structure on one piece. The cabana structure including stone, roof, hardwood, steel etc around $25k. The slab and wall that supports the rear of the cabana has already been paid for, so essentially no money owed. Imagine an Excel based quote with seven sub headings and costs boken down for each section - they have got 4/7 through the job and then said we're stopping here as we realised we're not going to make any money on the job. I haven't got a 'we will not complete'. It was verbal and I emailed them asking for a confirmation. I also said we would keep all materials left as there is some steel and timber that we could use (maybe $1k worth). My understanding now (in hindsight) is that anything over $5k requires a contract. As plenty of $ has changed hands there is plenty of evidence of a verbal relationship, however now I'm worried that if anything goes wrong there is not a formal contract... Re: My builder has cancelled the contract... what can I do? 8May 24, 2011 12:37 pm Is the company registered through any association or the HIA? The first thing I'd do is call consumer affairs and get some better informed advice 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 15265 You talk about deletions, are they variations or PS and PC adjustments? pleas list them 1 16556 Thank you so much. This has been very helpful. We definitely wish to settle and get these people out of our life. They are trying to charge us interest on late… 7 14262 |