New to this forum and need some advice.

Pod · Mar 15, 2008 9:38 am

Hi. We're building a Metric &n home. After lots of delays and pretty appalling communication on their behalf (things like not giving us site costs estimates and so on) they eventually started last week.

We've already hit problems. Our customer service coordinator phoned us last week to tell us they'd found an old tree trunk once they started excavating that we needed to remove, also some rocks on our block underneath the surface.
.
We signed our final contract and we've read it over and over and it looks to us as if they should be paying and organising for the removal of things like this, not us. The contract states that they should take reasonable care when doing the provisional siting costs to look at at the nature and location of the site. Now our block is on a development next to a national park (forest) and on the site of an old quarry, so our argument is that trees and rocks could reasonably be expected to be there.

Our coordinator keeps fobbing us off saying the foreman will phone us to discuss, even though we know he probably can't remove the tree trunk and will need an arborist as it will need grinding down. Our dispute is over who is responsible for removal of the tree trunk and the additional costs (which Metricon are claiming are unforseen costs). We are already way over our set budget thanks to Metricon misleading us about site costs originally and we just don't have the spare money for any additional costs at this stage.

Any advice because I feel sick with stress and anxiety about this. Have left a long ranty message on the coordinators answer phone yesterday afternoon - she'd already left for the day. The way I see it we have 3 options

1. Remove the tree trunk and find the money for the additional costs and just get the sodding house built.
2. Contact our solicitor and ombudsman and fight Metricon for the money.
3. Get the tree trunk removed and then send the bill to metricon - but surely as they can stop building at any time they've got the upper hand.

Sorry this is long! Thanks for reading.

Paula · Mar 15, 2008 9:57 am

Sorry to hear about your troubles, I have no advise but want to wish you luck.

Hopefully someone here will help you out.

VJ · Mar 15, 2008 10:28 am

If they fixed the site cost and it was indicated in the contract that whatever rock they hit would be removed at their cost (based on the contract), then I would go for option 2.

I would go to my solicitor and ask for his/her opinion.
Let M honor the contract.

In our case, our site cost was fixed. We didn't sign it unless it's fixed. Meaning, whatever they find underneath that needs to be removed, it would be at their cost.

We don't want surprises.

hysterical1144 · Mar 15, 2008 10:47 am

Pod

We signed our final contract and we've read it over and over and it looks to us as if they should be paying and organising for the removal of things like this, not us. The contract states that they should take reasonable care when doing the provisional siting costs to look at at the nature and location of the site. Now our block is on a development next to a national park (forest) and on the site of an old quarry, so our argument is that trees and rocks could reasonably be expected to be there.
.

Does your contract indicate site cost as provisional cost or fixed cost ? If provisional cost, it means that it is only an estimate and may be lower (which you will get a refund) or higher (which you will have to top up).

Cheers

PhoenixStar · Mar 15, 2008 11:34 am

Sorry to hear about your problem Pod!

I'm sure that our forum members will be able to give you some helpful advice during your building journey..... M don't seem to be doing very well lately!!!!

Check your contract and hopefully you'll see fixed site costs and not provisional?

It's not a nice way to start....I hope it works out for you......nevertheless, welcome to the forum!!

Pod · Mar 15, 2008 7:31 pm

Thanks for the replies. We've been to have a look at the tree trunk today and had a re-read of the contract and I think we'll have to fork out for it to be removed. Just hope it won't be too expensive. I've no idea how much these things cost.

Our final contract is fixed price it seems, apart from the siting stuff where it states it is provisional, though it does say that builders should take into account the location and nature of the site when making provisional costs. So I guess we've been stupid to sign, but we'd had so many delays already (we signed for this house last April) that we were desperate to get started.

Have thought of a new slogan for our favourite builders though -, putting the CON back in M&tric Con. :evil:

dragonhsv · Mar 17, 2008 2:13 pm

Sorry to hear about your dramas with the BIG M your not alone. I'm not sure if your in victoria but you could try the BACV helpline on 1300 55 75 59. We are using these guys re other matters with the BIG M. I would think that fixed site contract includes all cost in relation to that site! Not sure if it will be of any help. Hope it all works out for you. Cheers.

VJ · Mar 18, 2008 7:20 pm

Quote:

I would think that fixed site contract includes all cost in relation to that site!

Yes, that was what I believe too.
Even when we dealt with other builders before, that was what they said re: fixed site cost.
If they hit anything underneath, they will shoulder all costs related to it.