Browse Forums General Discussion 1 May 16, 2017 10:53 pm Hello everyone, I wish I had have known about this forum during the build of our new home! unfortunately I am joining with a question about my rights as a consumer - I do plan to call the building info line for advice tomorrow but thought I'd post here too. Our build has been quite bumpy, despite choosing an award winning family builder who we had only ever seen good reviews for... our friend was working for him which was another reason we went with them. The issue we have at the moment is this: We have created the list of defects to be fixed within the house before handover on Friday this week, most of these things they have said are fixed, there is a large scratch in the en suite vanity which they said will require replacing the entire bench top which they will do within 3 months which is fine. some of the defects they are saying under Australian standards they don't need to fix eg. bubbling in plaster or trowel marks along the cornices. The biggest thing is our tassie oak timber flooring, at some point in the build, when they were installing the hearth for our fireplace, they have used a trolley to carry it in. the trolley has marked a long trail in the polyurethane on the timber floor. My husband was there to help when this job was done, but was there to make sure the slate was handled properly and not damaged upon installation. Apparently this is a big job to fix and our builder says it can't be done for at least another 2 weeks (knowing we want to be in the house desperately as in 2 weeks I am being induced to have our first child!) which I am sure he is thinking YES! they'll roll over and say never mind. he has also said that he cannot guarantee that the floor will look perfect once they go over it (sanding and another few coats) and he cannot guarantee that they wont mark the skirting or walls during the process... which blows my mind really, because if they do stuff that I would be expecting they fix that as well. I want to propose that the floor is to be fixed, but not straight away - I want to be able to move into the house and settle in, and then say 3 or 4 months down the track, we move out for a week whilst the floor is fixed (possibly the same week as the en suite vanity) I just know that our builder is going to try and talk his way out of this, he will probably tell me that this is not possible. and I want to know what my rights are here... I really do want to move in... I hate that builders know this and use it as a way of getting out of fixing things that should be fixed. thank you for any advice given! Meg Re: Rights with fixing defects? hand over in 3 days! (VIC) 2May 17, 2017 1:53 pm Sounds like you're in a tight situation time wise but I'd be inclined to refuse handover until the floor is fixed. Sanding floors is messy, noisy, and smelly business, not really something you want to happening after you move in with a baby, even in a few months time. Who knows if you stand your ground he might find a way to make it happen sooner when he realises he's not going to get handover this week. Re: Rights with fixing defects? hand over in 3 days! (VIC) 3May 17, 2017 1:53 pm With plaster and cornices, if you can see the defects in the daytime without lights on, then it's a defect he must fix. Get a inspector, one with balls, if your in Victoria, I would get this forums building expert, also take pictures of skirting before floor sanding so you have proof that it was perfect before repairs start, you will get a much better response with a inspector on your side, best money you will spend, start looking now. Re: Rights with fixing defects? hand over in 3 days! (VIC) 4May 18, 2017 6:37 pm Megandruss Hello everyone, I wish I had have known about this forum during the build of our new home! unfortunately I am joining with a question about my rights as a consumer - I do plan to call the building info line for advice tomorrow but thought I'd post here too. Our build has been quite bumpy, despite choosing an award winning family builder who we had only ever seen good reviews for... our friend was working for him which was another reason we went with them. The issue we have at the moment is this: We have created the list of defects to be fixed within the house before handover on Friday this week, most of these things they have said are fixed, there is a large scratch in the en suite vanity which they said will require replacing the entire bench top which they will do within 3 months which is fine. some of the defects they are saying under Australian standards they don't need to fix eg. bubbling in plaster or trowel marks along the cornices. The biggest thing is our tassie oak timber flooring, at some point in the build, when they were installing the hearth for our fireplace, they have used a trolley to carry it in. the trolley has marked a long trail in the polyurethane on the timber floor. My husband was there to help when this job was done, but was there to make sure the slate was handled properly and not damaged upon installation. Apparently this is a big job to fix and our builder says it can't be done for at least another 2 weeks (knowing we want to be in the house desperately as in 2 weeks I am being induced to have our first child!) which I am sure he is thinking YES! they'll roll over and say never mind. he has also said that he cannot guarantee that the floor will look perfect once they go over it (sanding and another few coats) and he cannot guarantee that they wont mark the skirting or walls during the process... which blows my mind really, because if they do stuff that I would be expecting they fix that as well. I want to propose that the floor is to be fixed, but not straight away - I want to be able to move into the house and settle in, and then say 3 or 4 months down the track, we move out for a week whilst the floor is fixed (possibly the same week as the en suite vanity) I just know that our builder is going to try and talk his way out of this, he will probably tell me that this is not possible. and I want to know what my rights are here... I really do want to move in... I hate that builders know this and use it as a way of getting out of fixing things that should be fixed. thank you for any advice given! Meg We are using the services of Darbecca for all stages of our build. We had them inspect frame and slab today and they found 24 defects. I've written about it on my blog here >> https://waldorfgrangebuild.wordpress.co ... nspection/ I highly recommend you get them in for a final look before you pay your last invoice and get the keys. It is definitely money well spent. Rights with fixing defects? hand over in 3 days! (VIC) 5May 27, 2017 7:53 pm I used a private building inspector David Seville.
He was awesome and helped me negotiate with builders as he could call them on their versions of the standards Like 'yes this meets standards', 'This is true to plan' etc He was also able to help work out what was important to fix and what was ok or a very hard fix that could leave. Re: Rights with fixing defects? hand over in 3 days! (VIC) 6May 28, 2017 7:29 am I can say in 12 months much of this will be forgotten and laughed about - but at the time is real and VERY annoying. Your desperation plays into their hands - ie they know you want to move in quickly. Perhaps (and it may not be true) let it drop that you intend staying with your Mum ... until the house is fixed. Good you have an expert - you may need him later. I did not see it - but is it a single builder or larger company ? All I can add is to make sure you have ALL the "defects" recorded - you keep a copy and give them a copy. Get them to sign yours - ie acknowledging they have a copy of it. You do have to come across strongly and if necessary get angry. Many just back down - after all - they are the "experts". If it becomes a battle it may be long and frustrating. So compromise is the answer. Get the major things done. They do have the worry of any action by you harming their name/reputation. Have you approached the HIA or any other association ? Is the builder a member of any Association ? Good luck. Re: Rights with fixing defects? hand over in 3 days! (VIC) 7Aug 08, 2017 8:21 pm You have the right to stay there. Have you ever tried call the related organizations. If there have been changes, variations, during construction then the drawings should be revised, the building permit amended and the current, as built drawings given to… 2 4706 The only thing to add to these comments is that where possible it's always good to try and work with people than just say "no" because you can. Having someone… 4 17411 8 6364 |