Browse Forums General Discussion 1 Sep 22, 2011 11:50 pm Hi All, I have got a variation request from my builder (reason I was told that they changed suppliers) for hot water system & air conditioning. In original tender - Dux hot water system & Daikin air conditioning system. They want me to sign for Rinnai hot water & Actron air conditioning. I return the variation reqest signed "Not accepted". What rights I have to stay with the original agreed systems. No price deductions given. Pl advise. Thanks Rousehill 5 Re: Variation Request from Builder 2Sep 23, 2011 2:07 am Build contract signed? Personally i prefer the rinnai and actron units over the older option. Building with Jandson Homes - Eclipse 18. http://adgnetworks.blogspot.com/ Re: Variation Request from Builder 3Sep 23, 2011 6:15 am Yes, almost nearing completion of the house. Approx 2 months to hand over. Re: Variation Request from Builder 4Sep 23, 2011 8:42 am In your contract in black and white, brand name and model, it's pretty simple, they have to supply it unless you agree with the new ones. Not a leg to stand on for the builder even if he has changed suppliers. Re: Variation Request from Builder 5Sep 23, 2011 10:55 am eyspy In your contract in black and white, brand name and model, it's pretty simple, they have to supply it unless you agree with the new ones. Not a leg to stand on for the builder even if he has changed suppliers. I would agree with the above. However, in some circumstances, it is advantegous to you to switch to a brand that could turn out to be far superior to your previous choice at no extra cost to you ! Do your homework - find out more about this new brand of aircon and you just might be pleasantly surprised. Suburbia is where the developer bulldozes out the trees, then names the streets after them. Re: Variation Request from Builder 6Sep 23, 2011 1:52 pm In our contract it basically boils down to this: Where items are no longer available the builder can make a substitution by way of variation. The client can either accept this or have no item at all. We went through this when they changed the cupboard supplier for our laundry cupboard. The dimensions were slightly different which impacted our plans for the room. The builder made it clear that our contract allowed us to either accept the variation or have the builder not supply the item at all and we could handle it after handover. Your contract may be different. Re: Variation Request from Builder 7Sep 23, 2011 8:42 pm Thanks all for the comments, I have a clear understanding of the situation now. Re: Variation Request from Builder 8Sep 23, 2011 10:17 pm wokwon In our contract it basically boils down to this: Where items are no longer available the builder can make a substitution by way of variation. The client can either accept this or have no item at all. We went through this when they changed the cupboard supplier for our laundry cupboard. The dimensions were slightly different which impacted our plans for the room. The builder made it clear that our contract allowed us to either accept the variation or have the builder not supply the item at all and we could handle it after handover. Your contract may be different. I don't think this is a case of "no longer available", but rather "they changed suppliers". I would research both the original and proposed products. Get the prices. If the proposed items are priced higher and are better, go for the new items (at no extra cost). If the proposed items are priced lower and are better, ask for a price reduction. If the proposed items are worse, why change. Of course, when building a house, who has time to research much. Demolition August 2009, Construction Started September 2009, Completed December 2010 Re: Variation Request from Builder 11Sep 28, 2011 10:00 am 2 scenarios: I've had my contract signed with pivot entry door but half way through construction the builder decided it is too large to fit in, thus they send me variation for a normal entry door. I declined and they had to change my facade to fit in the door as per contract and approved drawing at their own cost. not to say this is after almost 4 weeks of talking, meeting, registered letter sent and calling ca. In toilet i've had my ceramic vanity selected at contract signing and the builder changed supplier to fiberglass/plastic type vanity, i declined the variation but they replied saying i will be refunded 60$ dollars for each vanity, so i decided to go with their new product instead. if your post-contract variation occured due to their mistake then you still stand a ground, but it requires a lot of time and effort, but if your builder simply change supplier, then there is nothing much you could do. Re: Variation Request from Builder 12Sep 28, 2011 12:31 pm rojak1 but if your builder simply change supplier, then there is nothing much you could do. If your builder changes supplier and you have specified something from the original supplier in the contract then you must get what's in the contract (unless you both agree to change). Demolition August 2009, Construction Started September 2009, Completed December 2010 Re: Variation Request from Builder 13Sep 28, 2011 1:17 pm Casa2 rojak1 but if your builder simply change supplier, then there is nothing much you could do. If your builder changes supplier and you have specified something from the original supplier in the contract then you must get what's in the contract (unless you both agree to change). contract generally has a "fine print term" indicating you can either take the new variation option as they suggested, or have none at all, the builder will then return a certain amount of money to you, but it is almost certain the money you get is a lot lower than buying the exact same option off the market. but again, if you can prove the builder made a mistake which cause any of your contract item not available, not installable, then they have to rectified the problem, not just simply giving you another option to mask the original problem. Re: Variation Request from Builder 14Sep 29, 2011 1:21 pm rojak1 Casa2 rojak1 but if your builder simply change supplier, then there is nothing much you could do. If your builder changes supplier and you have specified something from the original supplier in the contract then you must get what's in the contract (unless you both agree to change). contract generally has a "fine print term" indicating you can either take the new variation option as they suggested, or have none at all, the builder will then return a certain amount of money to you, but it is almost certain the money you get is a lot lower than buying the exact same option off the market. but again, if you can prove the builder made a mistake which cause any of your contract item not available, not installable, then they have to rectified the problem, not just simply giving you another option to mask the original problem. If the part is no longer available, a suitable substitute has to be organised between the builder and owner If the builder changes their supplier (at a whim) then the contract specified part must be supplied. Demolition August 2009, Construction Started September 2009, Completed December 2010 Re: Variation Request from Builder 15Aug 30, 2012 12:37 pm yes, it gets down to what it says in the contract but unlikely can simply changes suppliers and enforce the change. leighton at clark new homes Re: Variation Request from Builder 16Aug 30, 2012 2:19 pm Leighton, you really need to check the dates of the original posts as you seem to be responding to topics that are years old. 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