Browse Forums General Discussion 1 May 11, 2015 12:41 pm Help please! Question: Has the builder fulfilled his contactual obligations? 1. I signed a building contract last year to build a new home. Included as part of the contract was the installation of a kitchen exhaust fan. 2. A few weeks after signing the contract, I raised a few items, one of which requested the kitchen exhaust fan to vent directly into the roof cavity or externally via the roof. 3. The builder raised a variation of contract for the other items. Venting the exhaust into the roof was not on the variation of contract as the builder advised he would do this at no charge because we upgraded various products. All this is in writing via email. 4. Upon completion of the property, the builder did not vent the exhaust into the roof. Rather, the exhaust "recirculates" (sucks up ktichen smoke and recirculates it into another part of the home). We do not want this option. 5. The builder states it was incorrect to initially advise they would organise the kitchen exhaust to be vented into the roof. 6. The builder states it is not stated in the contract to vent into roof, only to install a kitchen exhaust. As such, he is not required to now change and vent the exhaust into the roof. 7. I advised the only reason venting the exhaust into the roof is not on the variation of contract is because the builder advised he would already do this. Regards, Re: Building contract 2May 11, 2015 11:23 pm If you have it in writing from your builder then you have an agreement... simple as that! Re: Building contract 3May 12, 2015 7:12 am My definition of exhaust is 'remove' not 'recirculate' However kitchen fans should not remove to the roof cavity (illegal in Victoria) they must exhaust to open air either through a wall or through the roof cavity to an external vent. 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: Building contract 4May 14, 2015 11:04 am Hi tlblhayward and Bashworth, The builder after 1.5 months finally conceeded and will now vent the kitchen exhause into the roof. I would prefer externally, but will settle for this for the following reasons. I spoke to VCAT who transferred me to the Australian Building Codes Board, their technical specialist advised in relation to venting exhausts, builders must comply with: National Construction Code Clause 3.5.8.2(c) Unfortunately, this code only states sanitary areas such as the bathroom and (some laundry and toliets) must be vented into the roof or externally. There does not appear to be any legislation (in Victoria) that states the builder must vent kitchen exhausts into the roof or externally. Hence, why the builder can get away with recirculating the kitchen exhaust internally. I find this quite bizarre. Cheers, You talk about deletions, are they variations or PS and PC adjustments? pleas list them 1 16550 I've decided, after a period of confusion (my building broker told me it's probably not worth it to use a lawyer, but others have said it is a must) that I definitely will… 7 27951 |