Browse Forums General Discussion 1 Jul 21, 2014 10:40 pm We have just noticed that our builder has until next Wednesday to be on site otherwise they are techniqually in breach of being on site 40 working days after all approvals have been met as stated in our contract. They can't even tell us when they might be on site so I doubt they will get there. Does anyone know what type of penalties they are required to pay (if any) for this? Going to call the building commission in WA tomorrow but looking for some indication on here. Thanks all Re: Builder penalties 2Jul 22, 2014 1:24 pm What's the bet they already know that, and are planning to turn up on Tuesday to do the smallest amount of work to meet contract agreement. I'm afraid I don't know the answer to your question though. Owner Building at Jimboomba Woods in Logan City Qld. Blog : http://bandlnewhomebuild.blogspot.com H1 thread : viewtopic.php?f=38&t=68283 . Re: Builder penalties 3Jul 22, 2014 2:32 pm To work out what would be required to be paid you would have to demonstrate a loss. SInce the builder will more than likely claim that they can make up the time and deliver the house by the latest stipulated handover date no loss has been suffered. As bpratt has said, they may just turn up to the site and erect a sign indicating that they have started the clock ticking. By the way the penalties would be spelt out in the documents you signed, if they are not then you would have to prove that you have suffered a loss. I think it will be tough and also maybe not the best way to start a build., IMO. Re: Builder penalties 4Jul 22, 2014 2:46 pm At this point the start of the build is not going the best way anyway. We have had that many issues its hard to even think about it without getting upset. If we wouldn't come out at a loss we would just sell the land and give up but the loss prevents that from happening. The loss we face is that each week the builder continues to delay us impacts us financially in our weekly rent and the mortgage for our land that we have already been paying for 18 months. We already have a sign so I guess that constitutes work being done however frustrating that is. We had a tight budget to begin with with the house and realistically without all of our over the top delays we should be in our house by now but that is not happening for at least another 12 months. H1 Thread - viewtopic.php?f=31&t=61557 Re: Builder penalties 5Jul 23, 2014 10:50 pm I know where you are coming from. For me as well it just seems to be constant waiting. Re: Builder penalties 6Jul 24, 2014 3:23 pm I'm in Vic, but consumer affairs here told me to start counting the build time (230 days or whatever it was in my contract) from that day whether they actually started on site or not. If they went over at the end (which ours now have) when they issue the final invoice you write them a letter explaining that you are witholding the amount per week as specified in the contract as compensation for the late delivery of the house. If they dispute it then you can pay "under duress" and take them to VCAT (not sure what the VCAT equivalent is over there) or they might just give up and let you pay the final invoice less however many weeks compensation. I believe that liquidated damaged should be amount of actual loss to the owner from the delays. The issue in all of this is building industry lobbying and contributing to… 5 3443 Hi Mofflepop, I would recommend finding a building designer to prepare plans, they should design to your specified budget. The benefit is you can tender the project out… 9 20417 |