Browse Forums General Discussion 1 Aug 04, 2012 8:08 pm Hi All, Just wanted to get some advice from anyone regarding what can do. Eden Brae has slapped me with a PCV for $50k because they made a mistake in our tender and under charged us by $50k. They only realised this after the estate has approved my building, council has approved my plans, Eden Brae has completed all their final documents and issued the final invoice and my bank has already approved my finances. Any one experience this before, is this legal? Help please _________________________________________________________ Builder: Eden Brae Homes Design: Cambridge 27 Location: Georges Fair - Moorebank Website: http://mumuandbubusdreamhome.blogspot.com.au/ Re: Eden Brae - $50k ontop of FIXED PRICE TENDER is that leg 2Aug 04, 2012 10:07 pm I would be talking to a legal representative. Deemaree Kyndylan Capers: viewtopic.php?f=36&t=46852 My blog: http://www.sufficientlysufficient.blogspot.com/ Re: Eden Brae - $50k ontop of FIXED PRICE TENDER is that leg 3Aug 04, 2012 10:21 pm We are buying a house and land package with EBH where the land will not be ready until next year. They haven't been on site and as a consequence have made all their calculations based on sight and experience only. They expressed to us a number of times throughout our recent tender presentation that fixed price means exactly that. That if they should have miscalculated their costs in any way that they would have to absorb all additional costs. We would not be out of pocket one cent. Therefore, if you can't get any satisfaction out of them, then the best thing would be to seek legal advice. Surely there is something in the contract to verify the meaning of fixed price tendering. Don't let them get the upper hand. Good luck with this. Re: Eden Brae - $50k ontop of FIXED PRICE TENDER is that leg 4Aug 05, 2012 11:00 pm BuildSure states prices are fixed NO MORE TO PAY. The tender also states prices are fixed and that I shouldn't pay for the builders mistakes but Eden Brae thinks that's this only applies after they release the file to site and I'd they find hidden rock or something then they will pay for it? But I think this is BS cos any builder can say I made a 50k mistake and force you to pay or sign it otherwise they won't build. Plus they blackmail you with the 5% you have already paid. Anyone know a legal person I could talk to? Re: Eden Brae - $50k ontop of FIXED PRICE TENDER is that leg 5Aug 06, 2012 12:48 pm Speak to the Conveyancor you used for your land purchase, they may have a solicitor/lawyer in house you can speak to or direct you to someone they recommend Re: Eden Brae - $50k ontop of FIXED PRICE TENDER is that leg 6Aug 06, 2012 12:55 pm It's hard to know what the answer is without seeing the document, which is why it's so important to get a lawyer to look at it. Lots of "fixed price" contracts will have in the fine print something to the effect of "errors and omissions excepted" to cover themselves in this exact situation. If there is, then provided it was an honest mistake you'll probably struggle to run an argument against the PCV. If there's not, then you have a better chance but the builder won't make it easy for you and there will probably be a hefty legal bill at the end of it, win or lose . But it doesn't cost much (well, it does and it doesn't ) to have a lawyer spend an hour or two looking over it and send a letter to guage their response. Thank you so much everyone. This all makes a lot of sense. I guess when you talk to a builder who butters up everything to look very polished, you get to start believing… 8 2216 So AFAIk the outcomes of the BAL ratings form part of a clause that allows them to pass these costs on to you. However the more relevant detail is how did it go from 19… 1 828 Are you saying that these consultants are involved at key-points of the building, and perform site inspects at the stages, or only after building is completed to point… 4 8959 |