Browse Forums General Discussion 1 Aug 16, 2011 8:13 pm Hi all I need some advice - I have undertaken a bathroom/laundry renovation and my builder is chasing me for the practical completion payment. However, he is not addressing my list of defects; which includes 1. defective grout and tiling 2. leaking frameless shower screen 3. damage to my door frames (paint has been scrapped off/dents which means I now need to repaint 6 doors/door frames in my unit. 4. damage to my carpets in my home (have been cleaned twice but are still marked and need steam cleaning, can i request that he pay for this?) 5. doors to the 3 rooms have been planed down to re-hang them and are not defective as they are not sealed. I thinnk all of the above would exceed in $$$ terms of the last payment due to the builder. I am based in Sydney and would appreaciated any advice - should I pay up and hope that he comes pay to fix everything? who can i engage to do a report to make sure everything has been done to BSA and meet standard/tolerances? any help would be most appreciated thanks GF Re: Practical Completion vs Actual Completion- Defects not f 2Aug 16, 2011 8:31 pm This is an interesting issue and I'd also like to hear what can the owner do in order to counter-act the damage/defects that this trader has done. Obviously, not paying the final payment at least in part could recouperate some of the damage/defects costs, but how can it be "defended" when the trader comes chasing you up? What powers does he have - I guess he can also go to either the DoFT or to the small claims court?? My signature is distracting people from my wise posts ... Re: Practical Completion vs Actual Completion- Defects not f 3Aug 18, 2011 12:38 am In commercial construction, practical completion is deemed to be when the building can be used for it's intended purpose. Due to the leaking shower screen, if it is leaking and posing a risk to damaging the floor, thus preventing you from using it, practical completion has not been met. If it is leaking mildly and onto a tiled floor which drains, I would say PC has been met. Unfortunatley on small projects it is impractical to hold retention money against practical completion and defects liability. You basically have to hope he comes to the party and makes good the defects, if he doesn't then you can either look at your options or take it on the chin. Re: Inspection report for renovation - recommendations neede 4Aug 18, 2011 12:38 pm hi thank you for your reposnses - I am arranging the outstanding $$ to be paid. However, I'd like to get an inspection done to ensure that everything is at it should be in terms of finishes, workmanship and building standards. its a bathroom laundry that is 10sqm so I don't imagine that it could be more that $150-250. can anyone recommend a reputable business that I can engage to do an inspection for me? thanks in advance GF Re: Practical Completion vs Actual Completion- Defects not f 6Aug 18, 2011 4:46 pm That is the builders fault just ask him to pay. Re: Practical Completion vs Actual Completion- Defects not f 7Aug 18, 2011 4:48 pm Jeremyheyes That is the builders fault just ask him to pay. What is the builder's fault Jeremy? Deemaree Kyndylan Capers: viewtopic.php?f=36&t=46852 My blog: http://www.sufficientlysufficient.blogspot.com/ Re: Practical Completion vs Actual Completion- Defects not f 8Aug 18, 2011 8:01 pm I am based in Sydney on the north side Also, my builder has just taken my house keys off site, apparently as "it's company policy to keep the keys from practical completion to when final payment has been made". I have never seen this company policy anywhere, nor told it nor is it in the contract. Is this unlawful? I am concerned as I now have less control over their access to my apartment - for example as we are living in the unit full time ihave asked in writing to be advised when people come over but last week was actually in the shower when the plumber came to do repairs and also, the builder (owner of the business) just come over yesterday just before 9 am , must f assumed that I would have left for work, and took photos of things. I am just at the end of it! Once I pay the last payment - how do I make them come back to fix everything? Dept of Fair Trading? Thanks ! Re: Practical Completion vs Actual Completion- Defects not f 9Aug 18, 2011 10:08 pm If you are living in the place, I would not want the keys anywhere but with myself. The best way to be advised if someone is coming over is to have the keys. I've heard that H & K Ryan & Associates in Bella Vista is a good building inspector. Demolition August 2009, Construction Started September 2009, Completed December 2010 Re: Practical Completion vs Actual Completion- Defects not f 10Aug 18, 2011 11:32 pm "Also, my builder has just taken my house keys off site, apparently as "it's company policy to keep the keys from practical completion to when final payment has been made". so the builder is holding your keys ransom until payment is made? This sounds very suspect like they're trying to pressure you into paying up. I would hold off payment and get your inspection done and contact fair trading for advice. I would be livid if a builder behaved this way and if this is how he is acting now to get payment, don't expect him to come back once he has full payment. Re: Practical Completion vs Actual Completion- Defects not f 11Aug 19, 2011 8:49 am I agree with piscean. Get everything done properly and ask for the keys back (or change the locks ). If the builder refuses to return the keys due to "company policy" I would contact the Department of Fair Trading to get a ruling on "governemnt legal policy". Demolition August 2009, Construction Started September 2009, Completed December 2010 Re: Practical Completion vs Actual Completion- Defects not f 12Aug 19, 2011 9:49 am i would even contact the police about the fact that they are refusing to return your property.. i have never heard something so ridiculous in my life. otherwise, if it's a viable choice, definately change your locks. he has your keys, and you're not paying (with good reason IMO). you do the math with what could happen.. im not meaning to scare you but i always look at worst case scenarios... i suppose its why i have such a short fuse Re: Practical Completion vs Actual Completion- Defects not f 13Sep 02, 2011 2:56 pm just an update I've had the building inspection done - its come back with only a few things really. The inspector basically said you should chose your battles and get the ones fixed that you can and live with the rest. And so, it was the silicone under the fixed panel of the frameless shower screen , grout/crap dumped down the drain hiole in the shower and floorlaundry drain, tiles not grouted behind the washinf machine in the laundry, tool mark on shower union (which is now rusting!!) general all overall excess grout - easily cleaned off but I have better things to do on my weekends lastly, the tradespeople have; 1. badly marked my carpet in the hallway (between the 3 rooms) 2. scraped paint off the doorframes when moving the doors Is it impossible for me to request some $$ from the builder to make good on the damage that has been caused. I am mainly most annoyed about the door frames as I now need to repaint 7 doors and doorframes in my apartment just because 2 doors/frames have been gouged. Unforunatley touch-ups can't be done - they are gouged and I don't have any paint left over of the original colour (which of course, isn't made anymore) thanks all for your repsonse - glad i wasn't the only one getting fired up about things! The HIA contract, in the term & conditions section states that "Commencment" is deemed when the drainage is started or the piers are dug or the slab is formed up (incase… 2 6178 My door tends to rub against the frame during winter and I'm looking to fix it so it closes smoothly. Looking online on Youtube I'm seeing methods to fix the alignment and… 0 694 Hi All, I engaged a tradie to install concrete retaining wall 600-800mm high over 32 meters in Victoria. Sleepers are 200*75*2000 mm installed over 17 steel posts. I… 0 6917 |