Browse Forums General Discussion 1 Sep 09, 2014 12:33 pm Just wondering how people have gone about claiming damages/compensation from their builder for going over time?
They are already quite a bit over and have made no mention of the $250 p/w we are entitled to under the contract. My plan was to send them a letter once I have received the final invoice. The letter clearly states the clauses under the contract that entitle us to compensation and provides timelines that back it all up. Does that sound about right, or should I be sending the letter off now before the final invoice claim comes through so they can argue it out without holding us up even more? because I'm assuming no builder just goes "OK, here you go, theres an extra $2000" without at least trying to get out of it. Re: Claiming for delays 2Sep 09, 2014 12:37 pm With anything like this the earlier the better. 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: Claiming for delays 3Sep 09, 2014 2:22 pm Make sure you send any letters to the Builder using registered mail. If you are having problems now, ensure you have a record of every communication from now on from the Builder. Do not rely on verbal communications. It might also be an idea to start shopping around for a lawyer that specialises in domestic building disputes. Also, go through all your variations to make sure the Builder hasn't slipped an extension of time claim in them. I hope you have a building diary of all work done, including pictures of the work and copies of all communication. Maybe also consider having a building inspector on hand. What progress stage are you are you at? Re: Claiming for delays 4Sep 09, 2014 4:02 pm We're a week or two out from handover, they didn't have a final invoice for us at PCI like they are supposed to according to the contract, so I'm trying to chase one up now (still nothing two weeks later) We've kept track of all progress, including dates, and have some photos of the progress too. We generally deal with the office only in writing. We've only had variations, not extensions of time claims too. Aye Aye Aye! They're doing my head in! I'm not sure its worth getting lawyered up, its only going to be around $2 - 2.5k depending on how long this last bit drags on for. It wouldn't take long for that to get eaten up in legal fees. Re: Claiming for delays 5Sep 09, 2014 5:28 pm The penalty should come off your final payment... that's what it will do for us anyway. Re: Claiming for delays 6Sep 10, 2014 6:02 pm They haven't taken it off though, so I have to get them to amend it or the bank will want to pay the whole amount While I'm here, I'm also claiming for some defects that they have declined to rectify. There are 3 main issues: - The brickwork at rear of the garage is outside tolerance. Perpends are around 35mm. (This is a small area of brickwork and in probably the least noticeable spot, but still completely unacceptable. At PCI they spoke about fixing it but then decided it was too hard! - We had a timber door frame installed that, at their request, they were not going to stain/paint. It was going to be left bare and we were to stain it after handover. Their painters painted it black. We asked for it to be sanded off so we could still stain it and they declined. They also did a really sloppy job and got black paint on our fawn coloured bricks, and on the tread of the frame (which was left bare) - We added a 4.5ish'm splashback window to our kitchen. It is not level, and kicks up noticeably. They were informed of the problem several times during the build and assured us it was fixed. The chippy went back 3 or 4 times and still dodn't fix it. After that they told us that the plaster and skim coat on the reveal would level it all out. It obviously hasn't, and now that the overhead cupboards and grout lines provide a straight line of reference it sticks out like dogs balls to be blunt! Its also made the tiling look shocking as well. So what would be fair compensation for those three things. I'm not expecting huge amounts but am not sure whats reasonable, considering they are all things that would be difficult and costly for us (or them I guess) to rectify. Re: Claiming for delays, more Q's added... 7Sep 10, 2014 10:02 pm I'd be asking them to fix. No amount of money they would agree to pay will compensate you for the hassle of sourcing your own trades, the annoyance of trying to get things fixed while you live in the house, perhaps having to take time off work while trades are at your home etc .... The issues you have listed aren't something you would expect from a competent builder. Wow. I have a tool that i have created that does this. Message me with your details and I will send it to you. 5 21677 Just to makea point about this, an approach that some people have found sucessful in negotiating these rises down, Is to provide some workings to the builder, specifying… 4 65253 In fairness nobody gave a crap about the ACCC and the gag clauses continued in the pro forma templates of a few other builders after the ACCC took on Wisdom, and more… 20 57686 |