Browse Forums General Discussion 1 Nov 11, 2015 1:33 pm Hi all, I've been working with a builder for the past 6 months on the design and were 2 weeks away from signing the contract (contract date was provided by the builder). Pre-start not officially took place but we were going to meet prior to signing the contract (a week before as I had already looked at what I wanted and what to upgrade already). Builder turned around and said we won't be able to take on the job as they felt they couldn't build the home to my expectations. Also, my deposit will be returned (received cheque yesterday) I was totally shocked since I was planning to build a standard home (4X2...total sqm 400, recess, bulk heads, etc) and did not talk about the quality finish since they themselves said they'll build it to the display home and quality standard. I know the size is not an issue since they have built bigger homes. So, the excuse they've used is totally rubbish and doesn't make sense. I can only think that it's the cost, maybe their not making as much as they'd hoped. I had a initial cost 3-4 months back. Then we were tweaking the design. Every time there was a change (addition or removal), I was given a sales variation and updated sketch which I signed. I spent time going to their head office few times to check their standard inclusions and upgrades. They've wasted so much of my time and we have to start again. Is there any legal action I can take against them for wasting so much of my time? Or any other suggestions? Any help is very much appreciated. Thanks in advance Mits Re: Builder decides not to take on the job (b4 signing contr 2Nov 11, 2015 4:18 pm lol No. I mean if everyone decided to sue everyone who wasted each others time, everyone who
Re: Builder decides not to take on the job (b4 signing contr 3Nov 11, 2015 5:46 pm On a broader scale of things, you're perfectly correct. Things can really get out of control. However, as a genuine person who doesn't believe in wasting people's time and am very transparent, I feel the builder has taken me for a ride and the only person that has lost anything is me (time plus the bills I'm paying for the vacant for a bit longer than necessary). The builder hasn't lost anything, even the sales person as they're employed (not a contractor) by the company. This just says that the builder can do what ever they want until you actually sign a contract which is not fair. Re: Builder decides not to take on the job (b4 signing contr 4Nov 11, 2015 6:44 pm Thats really strange that they pulled out of it. Did you ask them to elaborate on the exact reason? It works both ways, if a client was to pull out before contract signing the builder would be annoyed that their time has been wasted too and wouldnt have a leg to stand on besides keeping the deposit. I would imagine this would of cost the builder a lot in wages, drafting fees, soil tests etc so it must of been a damn good reason for them to say no at the last minute My build with FHBD viewtopic.php?f=31&t=78344 Re: Builder decides not to take on the job (b4 signing contr 5Nov 11, 2015 7:09 pm I agree on things work both ways. I personally had no intentions to back out as I had already made the decision and commitment. The reasoning fluff that I was told was by the Sales Manager was that, 'there's too much customisation' (not sure what this means as my build is pretty straight forward) and that they are not the right builders for me and will not be able to finish the job to my satisfaction (again not idea what that meant). Before deciding on this builder, I went to see their build during the build process (addresses provided by the builder), saw couple of display homes and even went to see their standard and upgrade range at their head office. All looked good hence the decision to go with them. Like I said, we've been working on the design for the past 6 months and around 3 months ago, this was 90-95% ready. There were small changes since, e.g., window sizes, recess, white goods upgrade. So, if they had any issues then why wasn't I told 2-3 months ago? In the last 2-3 weeks, there were emails around setting up pre-start date and they even provided a date when the contract will be ready. If I pulled out then the deposit would cover the costs (paid 4k) but as they have pulled out, it's my loss. Re: Builder decides not to take on the job (b4 signing contr 6Nov 11, 2015 8:12 pm Hmmm it certainly sounds like there's more to the story they aren't telling you. I can see how frustrating and costly it is for you but I guess there's not much you can do about it now, just cut your losses and move on. I hope you find a better builder the second time around! My build with FHBD viewtopic.php?f=31&t=78344 Re: Builder decides not to take on the job (b4 signing contr 8Nov 12, 2015 1:37 am The reasoning fluff that I was told was by the Sales Manager was that, 'there's too much customisation' (not sure what this means as my build is pretty straight forward) reading between the lines, it sounds like they are saying you are changing the standard design too much, and feel perhaps should seek out a custom builder instead to meet your needs. and that they are not the right builders for me and will not be able to finish the job to my satisfaction (again not idea what that meant). this sounds like they think you are too finicky or difficult to work with and they expect you may turn out to be a problematic client. Bottom line, they don't want your business so all you can do is move on. Re: Builder decides not to take on the job (b4 signing contr 9Nov 12, 2015 9:20 am I wouldn't be too pessimistic about the time lost. A good portion of this time would have involved you working out just exactly what you want, and you can probably transfer this across to a new builder and design without spending as much time on design iterations. Re: Builder decides not to take on the job (b4 signing contr 11Nov 12, 2015 5:22 pm " So, if they had any issues then why wasn't I told 2-3 months ago? In the last 2-3 weeks, there were emails around setting up pre-start date and they even provided a date when the contract will be ready. " In response to this, I would suspect that once you had finalised your changes etc, the plan would have gone through some one more senior than your sales rep to check everything over before signing a contract. They may have spoken to the rep and learned they spent a lot of time with you working on this over 6 months, and with the number and type of changes you wanted to make, they just decided your build would be potentially too problematic and the rep was told to cut you loose. Re: Builder decides not to take on the job (b4 signing contr 12Nov 13, 2015 4:26 pm mits However, as a genuine person who doesn't believe in wasting people's time and am very transparent, I feel the builder has taken me for a ride and the only person that has lost anything is me (time plus the bills I'm paying for the vacant for a bit longer than necessary). Its not uncommon for long delays on a vacant block of land when its non standard build and you are shoring up the plans. they gave you you're deposit back, that sounds fair. If you want the design, surely you could offer to buy it off them? mits The builder hasn't lost anything, even the sales person as they're employed (not a contractor) by the company. they've spent time on it, so you cant say they havent lost anything on it. Businesses are in the habit of having employees waste their time on fruitless outcomes. They obviously thought they could help you, but decided otherwise as time progresses - Piscean's comment is very relevant to this. mits This just says that the builder can do what ever they want until you actually sign a contract which is not fair. Builder decides not to take on the job (b4 signing contract) 13Nov 15, 2015 3:23 am mits If I pulled out then the deposit would cover the costs (paid 4k) but as they have pulled out, it's my loss. Well, they've actually chosen to incur a loss too as they've had expenses throughout six months of dealing with you for which they aren't compensated. I would say when their estimator has priced your build with all its changes they can't make enough margin, and know you won't accept a higher price. Or, perhaps for whatever reason they don't want you as a client. Anyway, unfortunately there's nothing you can do. Time to move on and start looking at builders. Custom knockdown rebuild Newcastle NSW viewtopic.php?t=78271 Re: Builder decides not to take on the job (b4 signing contr 14Dec 08, 2015 9:55 am It's quite natural for them to pull out. After all, working on a design without any deposit for a 6 month period does have its own cost. They aren't compensated for anything. In some way, they already notice loosing you as a customer might be a better option for them in long run or for whatever reason as other said, they just don't want you as customer any more. There is nothing you can do and they are not doing anything wrong either. Life moves on. May be next time you make up your mind first on what you really want before approach other builders, otherwise same thing will just occur again. Good luck! Re: Builder decides not to take on the job (b4 signing contr 16Dec 08, 2015 12:45 pm lol im fairly certain that your attitude exhibited in the first post where you were looking for legal avenues sums up why they sent you on your way. They are in no way obligated to build your house until a contract is signed. all the possible reasons they cut you loose, including the ones they gave you, have been covered. Move on. Creator of superduperonium, expert at expert things, nobel laureate, can hold my breath for 10 minutes. Hi Mofflepop, I would recommend finding a building designer to prepare plans, they should design to your specified budget. 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