Browse Forums General Discussion 1 Feb 16, 2012 6:02 am Hi, We are in the later stages of building and we have had a few issues with our builder so decided to get an independent inspection done. We had one with another inspector at lock up stage. We had it added to our contract that the builder allow us to have an agent on site for inspections at stages such as frame, lock up and pre handover. The builder questioned why we wanted this inspection but agreed it was in our contract. The site supervisor organised a time and everything with the inspector only for the building company to then cancel, saying they were refusing the inspection to take place as there had already been plenty of people through the house and there was no need for it. They will only allow it at pre handover. While pre handover is only a few weeks away, we wanted a few things looked at by an expert beforehand. Can they refuse this? K Re: Can our builder refuse an independent inspection 2Feb 16, 2012 7:24 am Up front it would seem a breach of contract, but would depend on the specific wording. With handover only a few weeks away, would you intend pursuing this apparent breach legally ! and at what cost ? I guess it would depend on the magnitude of the "issues" you are confronting. Not a good situation to have at the end of your Build ! Re: Can our builder refuse an independent inspection 3Feb 16, 2012 7:28 am No matter what is written into the contract or not, the builder cannot deny your right to have an independent inspector come through no matter what they say. This makes me wonder what they have got to hide - the very vast majority of builders do not have any issue with the customer having an independent inspector take a look, although the outcome/recommendations of the independent inspector are not binding as long as the house is being built to code. Some people apparently have nothing better to do than comment on other people's sigs. Re: Can our builder refuse an independent inspection 4Feb 16, 2012 7:57 am Hi,, they seem to be using the wording in our contract that we had added that we could have an agent at the house at frame, lockup and pre handover. I just am not sure if they are breaching our rights or whether there is a standard condition that an owner can carry out an inspection when they want, provided adequate notice is given. Their attitude has really taken away any goodwill on our behalf now. k Re: Can our builder refuse an independent inspection 5Feb 16, 2012 2:56 pm I'm no legal expert... but in most things the reference document would be your contract. Whenever there is a conflict between parties it is your own contract that will determine action, regardless of what 'generally accepted practise' is. It sounds like you would not be able to claim breach of contract because they have not refused an inspection outright. Rather, they are controlling the timing of the inspection, based on the contract. Good luck Re: Can our builder refuse an independent inspection 6Feb 16, 2012 3:01 pm Yeah our building inspector claimed some BS that I could have an inspector. When you think about it, they would rather have your "relatively" untrained eye vs. an independent inspector. All in all it's just the same to have your relative there, it's just another person walking through. BUT, what the independent building inspector picks up does not necessarily mean the builder needs to comply with. Re: Can our builder refuse an independent inspection 7Feb 16, 2012 3:25 pm Something is suss. Our builder said at any stage we want an independent inspector through it would not be a problem http://lindeman28.blogspot.com - Our building blog Re: Can our builder refuse an independent inspection 8Feb 16, 2012 6:48 pm They definitely have not liked us raising anything that is wrong, they come up with all the excuses and make out everything is standard or we will not see it after a while. They seem quite offended we would even consider having an inspector. Re: Can our builder refuse an independent inspection 9Feb 17, 2012 3:21 am Take your contract to a lawyer and get his professional opinion. If he agrees then I would enforce the inspection as I too suspect the builder is worried something might be evident now that he intends to hide later. Unless your previous inspections caused the builder lots of grief, I cant see why he is adopting his current arrogant attitude as its not a way to get positive referrals from you Arfur Re: Can our builder refuse an independent inspection 10Feb 17, 2012 9:50 am Heytherek They definitely have not liked us raising anything that is wrong, they come up with all the excuses and make out everything is standard or we will not see it after a while. They seem quite offended we would even consider having an inspector. Sounds just like our ss we had.lol You just have to remind yourself that you are the one paying for it!!!!!! I kept on feeling guilty bringing up cr@p work but I was always reminded that if it was in 'their' house, they wouldnt be happy with it!!! Ive even been told the our ss has said 'what is she winging about now.'lol Stick to your guns! You can have a Ind inspector go thru your house at anytime as long as you have informed your builder. If any questions, just ask your inspector. And remember to take your time!!!! Dont rush, right everything down for your own ref and take lots of pics. AND be as mean as you like.lol Forrester 43sq We have our keys (3/6/11) Now it's time to decorate (that's the fun part.lol) https://forum.homeone.com.au/viewtopic.php?f=31&t=37598 Re: Can our builder refuse an independent inspection 11Feb 17, 2012 10:33 am Rudolf1980 And remember to take your time!!!! Dont rush, right everything down for your own ref and take lots of pics. AND be as mean as you like.lol More like mean but fair... Remember that the SS can be as painful, ignorant and slow as they would like considering they could have up to 16 houses to attend to! Your better off saying (sometimes) mate (to the SS)... "let's forget those small dints and scratches, I would like that other stuff up fixed because that worries me the most". Just a thought. Re: Can our builder refuse an independent inspection 12Feb 18, 2012 5:13 am [quote="Adam.M -- they could have up to 16 houses to attend to! Your better off saying (sometimes) mate (to the SS)... "let's forget those small dints and scratches, [/quote] Sure they may be busy but that's their job. Its not as if they have to personally fix things, simply delegate it to the subby. By accepting 'dints and scratches' you are accepting mediocrity and sub-standard finish. Once you lower your standards, the builder will take advantage of your willingness. Arfur Re: Can our builder refuse an independent inspection 13Feb 28, 2012 10:49 pm I'd be speaking to a lawyer fairly quickly and forcing the issue. Our Building on 118 acres in South Gippsland thread - https://forum.homeone.com.au/viewtopic.php?f=38&t=54556 Re: Can our builder refuse an independent inspection 14Feb 29, 2012 8:06 am I'm not sure how much a lawyer will help other than taking your money. Heytherek - The builder is claiming that the inspector is an "agent" and that the agent should only be engaged at certain stages. The reality is is that the agent is someone you prescribe to deal with the builder on your behalf. This is typical of a builder "walking the fine line". The truth is that a building inspector is not an agent and they know that but they will try any trick to avoid having (as mentioned before) a trained set of eyes looking over their work. Technically, you can walk onto YOUR land at any time, and have the building inspector walk through with you, spot out any issues of which you can raise it with the SS when you see them. As long as you hire a good building inspector, one that references issues against standards and write a report to that effect. Re: Can our builder refuse an independent inspection 15Mar 07, 2012 8:46 pm Uncle Arfur By accepting 'dints and scratches' you are accepting mediocrity and sub-standard finish. Once you lower your standards, the builder will take advantage of your willingness. Having said that, I agree. Don't accept sub standard work, hold the builder accountable and make sure they deliver what your spending your hard earned cash on. Our builder gave us a notice of completion back in November 2011 and we are still not in!! That is because we are making sure to the best of our ability and with the help of our independent inspector along with the advantage of having two plumbers in the family that we are making the builder fix any error that we come across!! The way I look at it they are building a house I am committing the next 30 years to so they better get it right! Re: Can our builder refuse an independent inspection 16Mar 08, 2012 9:57 am There has to be a balanced approach with these things. But if there is one overarching thing to remember, you go on emotion, the builder goes on dollars. History has many examples of where once motivated by emotion, you have a higher % of loosing. Why do you think "Custer's last stand" is called just that? Plumbing, structural, shiet that just doesn't look right... fair enough. Go hammer and tongs on the builders to get it right because those issues are serious and (maybe) against Australian standards, but research and/or building inspector will tell you that. But if it costs less than $1,000 to fix such as dints & scratches are you sure you want to loose your mind? I have listened to people who due to builders and "dints & scratches" have lost their mind!!!! I promise you, your 1st week in your new house you will more than triple the amount of dints and scratches. Think about it in the way that within say 2 years, you will be repainting anyway. That's what we did and we have been living in bliss ever since. Re: Can our builder refuse an independent inspection 17Mar 10, 2012 4:52 pm Adam.M There has to be a balanced approach with these things. But if there is one overarching thing to remember, you go on emotion, the builder goes on dollars. History has many examples of where once motivated by emotion, you have a higher % of loosing. Why do you think "Custer's last stand" is called just that? Plumbing, structural, shiet that just doesn't look right... fair enough. Go hammer and tongs on the builders to get it right because those issues are serious and (maybe) against Australian standards, but research and/or building inspector will tell you that. But if it costs less than $1,000 to fix such as dints & scratches are you sure you want to loose your mind? I have listened to people who due to builders and "dints & scratches" have lost their mind!!!! I promise you, your 1st week in your new house you will more than triple the amount of dints and scratches. Think about it in the way that within say 2 years, you will be repainting anyway. That's what we did and we have been living in bliss ever since. Re: Can our builder refuse an independent inspection 18Mar 15, 2012 1:08 am Jase have to be a lot less than $1000 for me to turn a blind eye so to speak. If something was going to cost me say $700 as an example to fix then I would be telling the builder to rectify pre settlement. Ah yes for sure, but if you know it will take months to get the builder to rectify and it's a head on battle, rational thinking would suggest moving in and either fixing it yourself or getting the builder back. As mentioned before, builders think with a rational mind, an owner with an emotional mind. Also, for others with concerns, you can get the builder to rectify issues via the 3 month follow up. Through that process you state all of the issues that have not been resolved of which the builder (usually bigger builders) employs a handyman on an hourly basis of which they are more than happy to fix items plus more. Re: Can our builder refuse an independent inspection 19Mar 16, 2012 11:12 am Honestly, i don’t see how they can in all fairness refuse this inspection since there is a provision for such inspections in the contract.
Beyond the legality of it all, however, the contractor should in good will support any third party access and have a representative present to record any issues discovered and answer the inspectors’ questions that the homeowner cannot. Re: Can our builder refuse an independent inspection 20Mar 16, 2012 8:49 pm Site entry has nothing to do with the contract because you have automatic right of site entry under Domestic Contracts Building Act 1995. Builder cannot refuse or he will be in infringement, however there are site safety issues. Builder is on your land under contractual licence and is responsible for your safety and any other visitors as well as OH&S for his workers. Therefore the visit may occur at any reasonable time when it is safe to do so. You can find more information on Consumer Affairs Victoria web site. Don't get bluffed and get a competent independent inspector. Foremost Building Expert in Australia,assisting with building problems/disputes, building stage inspections,pre-contract review advice for peace of mind 200 blogs http://www.buildingexpert.net.au/blog It is true that a builder can ignore your independent inspection report as it is not part of the contractual arrangement but that is stupid because he cannot avoid fixing… 9 46854 That is a really good attitude Akin to you catch more flies with honey than vinegar. I do enjoy watching that tik tok inspector from Victoria but he does go a little… 12 81884 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 15275 |