Browse Forums General Discussion Re: Good Lawyer recommendations? 4Mar 26, 2008 11:32 am Probably a solicitor.
We will be making a complaint through BCAV but I want to talk to a solicitor before lodging the papers. I'm so ************* frustrated right at the moment. We just got a letter from them in response to the issues that are still outstanding 11 months after handover. Honestly, this is just beyond a joke. I will never recommend Porter Davis again. Argh. Re: Good Lawyer recommendations? 5Mar 26, 2008 11:34 am 3timesbuilda I would be making enquiries at VCAT before going to the expense of a lawyer. Your legal costs going thru the courts are likely to exceed the costs of rectification in most cases so be wary. Budget anywhere from $5 000 to $100 000. good luck Agreed. Years ago I worked at VCAT and if things still work the same, you should be able to give them a call and have a chat about your issues and they'll make recommendations. check out www.vcat.vic.gov.au and select Domestic Building. There should be contact phone numbers for you to call and some FAQs. Received keys to my new home on 16/5/08 Re: Good Lawyer recommendations? 6Mar 26, 2008 11:38 am I use (IMO) an excellent solicitor based in Ashwood.
He has never once let me down and we get together a lot I will PM his details if you like. Re: Good Lawyer recommendations? 7Mar 26, 2008 11:42 am Can I ask a question????
(I built with a private builder, so excuse me for not knowing how things work with the project builders!) How is that on so called “Hand Over” you all except this even though there are unfinished or badly finished items or selections in your home? And is final payment made by the bank to the builder on “Hand Over”, even though these things are not finished or fixed?? Sorry, but I don’t understand this. This is not how things should be done! Internal and External Building and Colour Consultant Online - Worldwide http://www.denovoconcepts.com Re: Good Lawyer recommendations? 9Mar 26, 2008 11:49 am Michelle How is that on so called “Hand Over” you all except this even though there are unfinished or badly finished items or selections in your home? And is final payment made by the bank to the builder on “Hand Over”, even though these things are not finished or fixed?? On handover, we did the walkthrough & a list was made of items that were still outstanding. We both signed it, the SS signed it & we were told they would be completed within 2 weeks. 11 months later....... On the *same day as handover* you are expected to front up to PD & hand over a cheque with the final payment. At the time, we couldn't delay moving in because we had a new baby, 2 days left on our lease, etc. In hindsight, we should not have accepted what we were told (that it would be fixed within 2 weeks). But we did. More fool for us. This is such a big kick in the guts. I've had it up to here trying to get PD to sort their crap out. Sorry to vent....I'm just really frustrated & fed up. I think I need a drink... Re: Good Lawyer recommendations? 10Mar 26, 2008 11:54 am Michelle Can I ask a question???? How is that on so called “Hand Over” you all except this even though there are unfinished or badly finished items or selections in your home? I was discussing this question with some friends this morning, I was telling them that I won't be accepting handover until everything is done. My friend has just moved into a new home and she said it's very easy to say that you won't take it unless it's 100% finished but the excitement about moving into your new home makes it difficult to actually follow through. I'm not suggesting this is the case for Epiphany, or the others on this forum who have taken handover while there were outstanding issues but that is what my friend suggested. Another friend of mine moved into her house 7 months ago. She built with the same builders as I am building with. They didn't tell her that the issues wouldn't be fixed on time until her handover day arrived. She agreed to take possession on the understanding that they would return over the following 2 weeks to fix the outstanding issues. They finally fixed the last of the issues last month... and the majority of them were fixed in January - not exactly 2 weeks later So I'm hoping that the excitement of my new home doesn't overcome me when the time comes for handover because, at this point in time, I don't plan on accepting handover until every little thing is finished, especially knowing what this builder's version of "it will be fixed in 2 weeks" really means. Received keys to my new home on 16/5/08 Re: Good Lawyer recommendations? 11Mar 26, 2008 12:03 pm [quote="epiphany] I think I need a drink...[/quote]
Well….happy to accommodate that for you!!! What can I send you?? You vent all you like! As far as I’m concerned there is too much of this sort of thing going on! And don’t feel bad about getting sucked in by them; I bet they do it all the time! Would you buy a new car with no motor in it????? Only to have then tell you, we’ll deliver it and make sure your motor is here for you next week? I think not! Again I say, don’t feel bad, I’m not knocking you, I feel very sorry for you. And I say……go get em!!!! But….let this be a lesson to everyone else. Don’t pay for something that is incomplete! Internal and External Building and Colour Consultant Online - Worldwide http://www.denovoconcepts.com Re: Good Lawyer recommendations? 12Mar 26, 2008 12:06 pm Sometimes the cost of not moving in exceeds the cost of the work needing to be done.
I like the idea of deducting the cost of work from the final payment and putting a deadline for when the work must be completed or you can spend the money getting in private contractors. Re: Good Lawyer recommendations? 13Mar 26, 2008 12:07 pm Epiphany,
Have you had your warranty inspection yet? ie 3 month or 12 month... Re: Good Lawyer recommendations? 14Mar 26, 2008 12:14 pm Colleen Michelle Can I ask a question???? How is that on so called “Hand Over” you all except this even though there are unfinished or badly finished items or selections in your home? I was discussing this question with some friends this morning, I was telling them that I won't be accepting handover until everything is done. My friend has just moved into a new home and she said it's very easy to say that you won't take it unless it's 100% finished but the excitement about moving into your new home makes it difficult to actually follow through. I'm not suggesting this is the case for Epiphany, or the others on this forum who have taken handover while there were outstanding issues but that is what my friend suggested. Another friend of mine moved into her house 7 months ago. She built with the same builders as I am building with. They didn't tell her that the issues wouldn't be fixed on time until her handover day arrived. She agreed to take possession on the understanding that they would return over the following 2 weeks to fix the outstanding issues. They finally fixed the last of the issues last month... and the majority of them were fixed in January - not exactly 2 weeks later So I'm hoping that the excitement of my new home doesn't overcome me when the time comes for handover because, at this point in time, I don't plan on accepting handover until every little thing is finished, especially knowing what this builder's version of "it will be fixed in 2 weeks" really means. Clever move! By the way…..I can guarantee they will speed things up, if you refuse to let the bank pay the last payment until they have done their job! Why don’t you all make sure when you’re sighing your contracts…..that they have a cluse in it for YOU! “We will not be making finial payment until all works are completed” thank you!!!! Internal and External Building and Colour Consultant Online - Worldwide http://www.denovoconcepts.com Re: Good Lawyer recommendations? 15Mar 26, 2008 12:22 pm mattwalker Epiphany, Have you had your warranty inspection yet? ie 3 month or 12 month... We had the three month inspection ages ago...12 months is coming up next month. Maintenance won't touch the outstanding work because it's the Site Supervisor's problem. Actually...I'd be interested to know if the other people having this same sort of trouble with Porter Davis have the same site supervisor... Re: Good Lawyer recommendations? 16Mar 26, 2008 12:53 pm epiphany We had the three month inspection ages ago...12 months is coming up next month. I'd say they are waiting for the 12 month inspection. You could kick up a fuss again then? [sneakersss] Re: Good Lawyer recommendations? 17Apr 04, 2008 1:57 pm Epiphany,
Reading your post reconfirming the decision we made not to accepted handover (3 weeks ago) due to the delay in hanging gas meter box. Apparently the distributior is haning problem with the service line and the builder try to talk us into settlement but we refused. We are still waiting for the gas meter box to be install before we hand them the final cheque. Our question is the builder is now went over their gurantee time. can they use the excuse of supplier issues so they don't have to compensate us?. Anyone kmow? Ben. Re: Good Lawyer recommendations? 18Apr 04, 2008 2:12 pm Ben, how did you get away with not handing over the final payment? I would have thought the builder would chase you for payment - legally or otherwise .
How does a customer get away with it when "practical completion" is such a vague expression. It's so subjective - the builder's definition is so different to ours as customers. Where do we stand if we hold back payment for unrepaired defects? We are about to sign our contract with Exxx Xxxe & I would like to add a clause in it, to specify that all defects be repaired prior to handing over final payment. But I don't think they'd agree to this. What do you think? Any legal eagles out there? Re: Good Lawyer recommendations? 19Apr 04, 2008 2:18 pm Radds,
Well. We stood on our feet and demanding for the gas meter box to be install before we hand over the cheque simply because without the gas meter box, there will be no hot water, no cooking....so the house is not really occupy is it?. Even though the certificate of occupancy has already been issued by their building surveyor????. They are not happy but they can not argue our point. One thing we have to admit is that to overcome the temptation of not accepting the handover is VERY DIFFICULT. Ben Re: Good Lawyer recommendations? 20Apr 05, 2008 10:15 am We did our practical completion inspection - did the list of items to be fixed, myself and my other half signed it and so did the site supervisor, they took their 10 working days to fix it and did about half. We didn't have the option of not moving in as soona s the 10 days were up, howener there was a not on the bottome of their items for completion form stating that until all parties had signed the form and were in agreement that they were fixed that they still had to be fixed even if we had handed over our final payment and accepted the property. The rest were done over the next 3 weeks.
I know it seemed like a long time, but it is a real hassell for the builder to get the subcontractor to come back and fix stuff. Building again . . with Redink Pre-start 04/12 Keys - 03/13 Finishing off. . . Painting/Floor Tiles/Carpet - 04/13 Walk In Robe/Lighting/Blinds and Moving 05/13 Gates/Front Landscaping / Pool 05/13 Finding the right construction lawyer can be a bit daunting, especially when you've had some challenges in your search. It's essential to have someone reliable and… 7 24889 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 6883 I do enjoy the drama:-D In his latest two videos he has started bringing security guards to site, I am waiting for the punch on to begin lol 6 45524 |