Browse Forums General Discussion 1 Dec 05, 2014 7:42 pm Just wondering if we (owners) can issue a stop work order to our builder until defects are rectified. We had an independent building inspection today and many defects were found. The inspector suggested we give the builder written notice to stop work until he has given us written advice on how he intends to fix these defects. He did not want the builder progressing forward as the next step is plastering and will cover defects and then make fixing them later even more difficult. I'm assuming the inspector would know what he is talking about and that if he said we as owners can do that then he would be right? Just wanted to know if anyone else has ever had to do this and how did it go? Thanks Re: stop work order 3Dec 05, 2014 8:16 pm insufficient expansion joints in brickwork, unsupported roof framing, holes and scratches in roof sheets, frames out of vertical plumbness, sheets not weathered under ridge capping, inadequate sarking....the list goes on Re: stop work order 4Dec 06, 2014 1:28 am Hi Carmer, When you sign each progress claim, you're ultimately saying you're happy to progress onto the next stage of construction, if for whatever reason you're not happy with that stage claim you can dispute with the builder until you're satisfied with the outcome. If the outcome you feel it not fair and the builder won't budge you're welcome to go to the building commission and the building Disputes tribunal (As a final resort) they will rule in which ever way is fair. Has your building inspector provided you with a report? If he hasn't and you've paid him you should really be chasing this up, because this is your main opportunity to have your issues addressed. Without viewing your issues first hand and seeing photos of the problems it's hard to make an accurate conclusion whether your house has major structural concerns. Don't quote me on this but I don't think you can put a stop work notice on minor defects, only on structural issues, however if you need to escalate matters go through the right channels first, speak to your client liason and building supervisor, if they don't address your inspectors issues or rebuttal with accurate plans of remediation then I suggest you take it higher to the area manager or construction manager for review, your concerns are normally taken quite seriously. Extract; "Private Building inspectors do not require registration in Western Australia, so it is important to check their experience and credentials before engaging them. The quality of some building consultants has been heavily criticised by the Building Disputes Tribunal so it is important to choose wisely." That is from the Master Builder's association. Hope some of this helps, if you want to ask me any further questions feel free to private message me. Re: stop work order 5Dec 30, 2014 1:42 pm If your building inspector has given you a written report, I would start by phoning your site supervisor, advising him that there are a number of issues that the inspector has found that must be rectified before building can go any further. Then follow up with an email so you have a paper trail, and forward him the inspectors report. Then take it from there... Building modified Wentworth 33 with a detached granny flat http://nortonbuildingadventure.blogspot.com.au/ Re: stop work order 6Dec 30, 2014 8:27 pm elisen Then follow up with an email so you have a paper trail, and forward him the inspectors report. Then take it from there... Don't waste time with an email only, get the report sent across as a Registered Letter, where they have to sign for it. You're paying a lot already, a Registered Letter is well worth your while for its little cost, and its receipt will be recognised, unlike emails. Owner Building at Jimboomba Woods in Logan City Qld. Blog : http://bandlnewhomebuild.blogspot.com H1 thread : viewtopic.php?f=38&t=68283 . Re: stop work order 7Feb 03, 2015 10:07 am AussieDreamin When you sign each progress claim, you're ultimately saying you're happy to progress onto the next stage of construction, if for whatever reason you're not happy with that stage claim you can dispute with the builder until you're satisfied with the outcome. If the outcome you feel it not fair and the builder won't budge you're welcome to go to the building commission and the building Disputes tribunal (As a final resort) they will rule in which ever way is fair. Not quite right. Read the contract. You have to pay for the work done, no matter how poor it was. You have to serve payment claim from your builder under security and payment act. Straight after that you can stop building works due to unsatisfied quality. carmer13, you hired inspector, but what about PCA? Frame needs to be certified. What your inspector picked up can be shown to your PCA which means certain critical stage inspection did not pass. That is the grounds for you to issue your builder with the notice to stop/suspend work as the builder is req'd to satisfy all the necessary requirement of the contract, in particular ... Sorry for harsh language, but we all are ... disadvantaged from th point we sign the contract. We have to pay and then prove the quality is bad. Hate this system. One day there will be revolution... Re: stop work order 8Feb 03, 2015 11:08 am .....but...the Contract also says that the Builder must build in accordance with the contract plans (engineering design), council consent, BCA and HBA. The Contracts are so weighted to the builders and being written by the HIA it is little wonder. He would have to sue you or take Tribunal action to enforce payment. It depends how reasonable the builder is as to what course of action you take...for us our defect was so significant (resulting in Council ordered demolition) that we didn't not pay. Re: stop work order 9Feb 03, 2015 11:54 am The issue is not payment but the rectification of issues. Most builders are pretty lax about the terms they receive payment on. I held of paying at certain times and nothing happened - even if only to stave off interest for a short while. Dont worry about that. A volume builder is not scratching around for cash. As to registered letter - email is considered a legal form of communication and is recognised. Its also the fastest way to get stuff to them. Follow up a response. "in writing" is just that. Not "in writing and by way of registered mail, carrier pidgeon etc" Pick up the phone, call them, have a conversation and ask them what they intend to do. Ask for it in writing, and provide proof that rectification has been completed before continuing with plaster. Get a response. Keep your emails and write down your conversations. No need to go through the trouble of registered letters etc. Youre not going to be writing to them every conversation and waiting 7 days between responses due to mail deficiencies. Creator of superduperonium, expert at expert things, nobel laureate, can hold my breath for 10 minutes. Re: stop work order 10Feb 03, 2015 3:50 pm I have to agree Ponzu. All my documents are sent as email attachments either in the email body itself or as an Adobe pdf or MS Word doc. I also ask for them to reply via email. It leaves a good " paper" trail and I can call up any revision or decision made by clients very easily. Stewie I am new to this forum so please bear with me. An NCAT order was breach by our neighbour regarding a retaining wall dispute. 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