Browse Forums General Discussion 1 Jun 14, 2012 12:43 am We are only a week away from our house being ready for inspection. Its been a year with lots of delays. Last night $3,800 worth of kitchen appliances were stolen - gas top, oven, dishwasher. Complications - We had hired a concreter. He was here yesterday with tradies. They needed access inside the house to finish concreting that ran up against the front of the house/porch. I got the site manager around and then left. Site manager opened the house for them, instructed them to lock up when they were finished, then left. Next morning site manager rang to say the concreter had left the door open and someone had stolen our stuff. told me builder wouldn't be paying for it. Concreter is saying he did lock up and is not responsible for costs. The builder (Nusteel Homes) says they don't have to cover the stolen items because it was the concreter that left the door open. I asked builder if it would be covered by their insurance and he said nothing under $5000 is covered. We haven't had handover yet and it was my understanding that anything stolen before handover was the builders responsibility. I'm going to call him tomorrow to say I don't think we should be responsible for the security of their site (until it's officially our site/home) and that they should cover the costs. Was just hoping for some advice/suggestions/similar experiences before I make the call. Thanks Re: Appliances Stolen from unfinished house 2Jun 14, 2012 1:06 am This is why large project builders dont let you do anything to your house until after settlement/handover. IMO the builder is still responsible and unless you signed some sort of exemption of liability then i'd fight it. Fighting it may cost more than the appliances though. Building with Jandson Homes - Eclipse 18. http://adgnetworks.blogspot.com/ Re: Appliances Stolen from unfinished house 3Jun 14, 2012 5:50 am Sorry but I think it was your concretors so it was up to you to supervise him including checking they left the site secure. Did you get the appliances yourself? - most builders don't install them until handover day because thefts like this are all too common. The Harder You Try - the Luckier You Get ! Web site http://www.anewhouse.com.au Informative, Amusing, and Opinionated Blog - Over 600 posts on all aspects of building a new house. Re: Appliances Stolen from unfinished house 4Jun 14, 2012 6:42 am What a sickening situation - it was the SS decision to allow the concetors onsite, it should have been his responsibilty to ensure the site was locked up afterwards. We're owner building and have had various items stolen along the way and it always coincides with unknown tradies being on site a few days prior - our thoughts are that each theft has been an inside job....but alas no proof, and the responsibilty to replace the items falls onto us. Hope it works out for you.....this sort of thing can eat away at you if you let it. Owner Building on 1800sqm Sanity Intact so far Locked up March 2012 Appliances Stolen from unfinished house 5Jun 14, 2012 7:16 am Sorry for your sucky situation. We have previously owner built and have currently built with a major volume builder. Our appliances were installed on day of handover and after, due to high theft incidences in the building industry. We were told that prior to handover the house belongs to the builder and any theft or damage is the builders responsibility. The builder has to wear the costs. It's the builders responsibility until handover We were not allowed to do the concreting or any other works on our house till after handover . Re: Appliances Stolen from unfinished house 6Jun 14, 2012 7:56 am I'm so sorry for your situation. I agree with the last couple of posts. I can see that the builder wouldn't want to cover it but at the same time I am inclined to think that it is their site and they shouldn't have allowed you to use your own tradies before handover. If they agreed to the tradies being on site then they should replace your appliances. I don't know where you stand legally but that is just my feeling. I think the builders made a mistake allowing you to have tradies there in the first place!!! They were probably doing you a favour by allowing it BUT they should've secured THEIR building site at the end of the day!!!!!! Good Luck with it. Re: Appliances Stolen from unfinished house 7Jun 14, 2012 8:33 am 100% Nusteel homes responsibilty, doesn't matter that the site manager instructed the concreters to lock up, they are responsible for the security of that property until hand over. Don't take any bullsh1t from them! Re: Appliances Stolen from unfinished house 8Jun 14, 2012 12:19 pm Thanks for everyone's advice on this. I've spent the morning talking to police, builder, concreter and Building Advice and Conciliation Victoria (which I saw mentioned on this site, so thanks.) The police report says there was some slight damage to the lock which indicates that someone may have been trying to break in but the officer can't say one way or the other if it was left open or broken in to. So that basically means we can't pin responsibility for the costs on the concreter (even if we could at all before we knew that). BACV have instructed us that it is the builder's responsibility. That, even if the house was left open, the site manager should be responsible for opening the property to all subcontractors and making sure the house is secure when they're finished. Until handover we are not responsible for anything stolen or damaged. I've spoken to the builder who is understandably not happy. I've told him we are going on the BACV's advice (because really, Im not a tradie or a lawyer and don't want to be making these kinds of decisions without support/advice) If they are unhappy with that, the BACV will contact them on our behalf. If that doesn't work it's on to VCAT. It's a real shame because we've had a good working relationship with the builder up until this point. That seems to be over. It looks as though he might be resigned to taking responsibility though. Thanks again. If all works out from here we could be moving in next weekend. (But I wont hold my breath) Re: Appliances Stolen from unfinished house 10Jun 14, 2012 1:05 pm Touchy situation i guess. If the Police have reason to believe there was evidence of forced entry then the builder is responsible, you already know that. If YOUR tradie left the door open, and it could be proven by the builder, then YOUR tradie should be held responsible. I can understand why the builder may be upset, your tradie was last to leave which would most certainly leave doubt in his mind as to how secure the house was after they finished their work. But again this falls back on the Police report and what they find as evidence re forced entry. Your builder has learnt the hard way i guess and i am sure it will be the last time he does anyone any favours like this again. Its human nature to blame the last person who was there and unless the doors had been smashed off their hinges, rightly or wrongly, he will always believe your tradies left the door unlocked. Good luck with it all though. I am hoping we dont end up in the same situation as you do though i will be asking our builder to sort out the alarm sooner than later just in case as we have supplied our own appliances Re: Appliances Stolen from unfinished house 11Jun 14, 2012 1:33 pm G'day BradS - I wouldn't say the builder was doing us a favor on the concrete. There were some long delays and we consulted with the site manager to see if we could concrete while nothing was happening. It didn't eventuate but then he suggested we concrete before handover so that they could place the tanks on them and install them for the Building Inspector to attend. So we were going on his advice in the end. From what I've been reading about thefts from building sites I'd recommend not putting you appliances in, alarm or not, right up until you move in. Thanks Re: Appliances Stolen from unfinished house 12Jun 14, 2012 3:35 pm the builder will have insurance though..wont he? so he wont be out of pocket, just higher premiums but he will pass that on to future clients. not your fault the SS couldnt be bothered to be there when they finished so they didnt walk out with loads of expensive appliances and lock the house up. im sorry for your hassles though. the last thing you really need...and esp all the ringing around you had to do today. last thing anyone wants. good luck Re: Appliances Stolen from unfinished house 13Jun 14, 2012 4:00 pm The site is owned by the building company until handover and normally they do not, and are not oblidged, to let other contractors onto the land to carry out work. So as much as you may not think it, he was doing you a favour by letting them work on his site. Fingers crossed they sort it out quickly though and you can move in sooner than later Re: Appliances Stolen from unfinished house 14Jun 15, 2012 12:13 am thanks for the info...
_______________________________________________________ http://www.vistastemcell.com/parkinsons_treatment Re: Appliances Stolen from unfinished house 15Jun 15, 2012 1:45 pm what a terrible terrible thing to have happen! i cant even imagine what they do with the appliances - its not like there's a roaring trade in blackmarket ovens...!? or maybe I live a sheltered life, oblivious to the underground appliances trade . From my perspective i dont think you should be having all these hassles with the theft - you signed a contract to agree to pay for this house and all its fit out etc and they agreed to provide it for you at that price on such-and-such a date. If you bought a TV and it got stolen before they could deliver it, you wouldnt be asked to pay for a new one - it might involve some inconvience but you should still get what you paid for regardless of who stole it or when or who left the door open - if the handover hasn't happened yet, then they still haven't delivered the goods. What a shame that things like this have to happen at all! What selfish bugger out there thinks its ok to take stuff We officially own some dirt!! and a little grass... Re: Appliances Stolen from unfinished house 17Jun 15, 2012 9:07 pm So sorry to hear your bad news, especially so close to handover. Sounds like you are taking the right steps getting advice from the BACV and agree with others that the builder is responsible for replacing the items as handover has not occurred. A shame it occurred when the builder was doing you a favour and now the theft has soured the good relationship you had. But a lesson learned for the builder, he probably won't let outsiders on site again. We built 15 years ago and the builder didn't instal applicances until handover due to issues with theft. My hubby slept in the vacant house over a few nights while we slowly moved in. We plan to do the same with our new home once build even though we will have an alarm installed this time. Unfortunately new housing estates attract those looking for things to steal, knowing the appliances are "new" and if the estate is really new without many homes completed, then there are no neighbours keeping an eye on things. During our first build our windows were stolen and had to be reordered. Builder said it was a common problem. No wonder homes cost so much to build, I am sure the insurance premiums are pretty high due to this, which is then passed on in the building cost. Good luck getting it resolved quickly We built the Wisdom Majestic 40 - moved in! Our blog - http://ourwisdommajestic40.blogspot.com.au/ Our H1 thread - viewtopic.php?t=54156 Re: Appliances Stolen from unfinished house 18Jul 02, 2012 8:50 pm rojak1 definately court case, you will win going by book, but you and your builder will not be on a relationship even after the handover and the maintenance period. Who cares ... they should care about their reputation and handle their responsibilities. If you ask me I would not want a relationship with a builder like that and I would make sure everyone knows about it so people don't suffer the same way Re: Appliances Stolen from unfinished house 19Jul 02, 2012 9:05 pm Our appliances were installed the day before handover. I slept in the house on a camp bed the day before handover for this very reason. Demolition August 2009, Construction Started September 2009, Completed December 2010 You’re on the right track, wire brush in a grinder then a zinc rich epoxy primer then a top coat of some sort, like a waterproofing membrane. Raising the concrete would… 1 7031 How good is Simeon?! Always taking time to help others out! Wish we were building in NSW and could work together. Thanks for all that you do! 7 6567 Really tight at the top of the stairs- how to get furniture into those rooms? Study books - does anyone really use them these days? Large storage closet would be more functional. 2 6885 |