Browse Forums General Discussion 1 Nov 20, 2016 7:37 am Often variations are raised during construction. Some are in response to owner's requests but others are raised by builder. Many people have unknowingly paid for variations that really are not variations and on the proper evaluation should have been disallowed because the work is already included in the contract. If you are owner how will you know? If you don't have experience it's hard. But if you have your expert doing stage inspections during the build you will have a chance to ask. Below is reprint of my blog: Recently I have been helping a couple with theit build with critical stage inspections. I did pre contract review, pre slab inspection, frame inspection and pre plaster inspection. It was plain and uneventfull sailing with the issues picked up during inspections attended by builder and resolved. And then it happened. Builder constructed a large round stormwater pump and retention pit smack right in front entrance when in the drawings it was shown tucked away neatly on one side. Owners were furious complaining back to the builder. Builder at first ignored them the offered lame excuses, could not build pit right next to the side fence, too hard, we might have hit some rock and it would have been extra. The real story is that when the plumber came to site to install drainage pit, the location had large pipe of builder's rubbish. So the plumber merely moved it across for his convenience. Builder arrogantly behaved as if they had right to change location of the pit (which incidentally was part of engineered drainage) as they like to their convenience and without owner's consent. But there was more. I then discovered that owners were served (unknown to me) with a post contract variation of 12K for the engineered stormwater draiange system. Not knowing better and without asking me they paid. I took one look at it and said Nah! This was not a variation as the stormwater system was already included in the contract. I also advised owners that builder is not allowed to vary contract works wothout owner's consent and in this case for his convenience. I then composed email tha t owners sent to the builder "I have reviewed your documentation and visited the site. I am able to confirm that the drainage installation is not nonconformant to the contract drawings. I am able to confirm that variation does not comply with requirements of DBCA1995 and is therefore not valid You should write to the builder and ask why is variation required and why was your consent not obtained beforehand" And Voila! Builder knew the game was up and immediately cancelled the variation and refunded 12K. Builder then arranged on site to construct decking and steps over entry and in front of the dwelling to owner's design and satisfaction at builder's cost. Having your expert in the cloud whilst you build could save you more than money. I am continually astonished that people are still debating value of independent stage inspections during build. Its simple mathematics: wasting thousands(perhaps tens of thousands) for saving hundreds on inspections Foremost Building Expert in Australia,assisting with building problems/disputes, building stage inspections,pre-contract review advice for peace of mind 200 blogs http://www.buildingexpert.net.au/blog Re: When is variation not a variation? 2Nov 28, 2016 11:22 am Interesting story Building-Expert, thanks for posting! Hubby and I are currently building our first home and have engaged an independent inspector. I am so thankful we did as the inspector has picked up many issues that our virgin eyes would never have seen otherwise! A small price to pay for long term confidence that our house wont fall down! Re: When is variation not a variation? 3Nov 28, 2016 11:59 am Good advice, we will be hiring an independent inspector for our build. Haven't selected one yet though as we are still yet to sign our build contracts (hopefully this week) and get finance approved. I figure it's a small insurance investment compared to the overall sum of the house. Our build thread with Smart Homes for Living in Wellard https://forum.homeone.com.au/viewtopic.php?f=31&t=86092 Re: When is variation not a variation? 4Nov 28, 2016 12:01 pm Brilliant example of why home owners need someone on their side who knows your rights better than builder and owner, but boy is choosing the right person important and I would never choose from a builders list like I have seen a few times, pointless . I work with owner, he/she is my man on the ground and I instruct them when to visit the site and take photos and I have other tools in the bag. 4 15279 Looking for advice on whether this variation in tile colour is acceptable. The large tile on the left was used in my main bathroom renovation 1 year ago. My ensuite… 0 8492 yes it does, you've just not understood it. theres a difference. 4 5325 |