Browse Forums General Discussion 1 Sep 06, 2017 8:23 pm Hi all, Sorry if the post is long and tedious to read. Any help is very much appreciated. I was hoping I can get some help around the issues below and whether I would have a case if we go to court/tribunal. 1. Builder has extended our multiple unit development 5 consecutive months and each extension form includes : The reasons(s) for the extension of time are described below: These timeframes take into consideration the singular and in some instances the combined effect the time that is required to re-establish new bookings with trades, the time waiting for trades to finish existing other work, ordering lead times & delivery of materials to site, the collision of bookings with other unrelated trades that nevertheless impact on the stalled trades and the impact of additional work required to successfully complete additional and/or more complex work. Whilst this is a true and necessary document, all endeavors will be undertaken to finish this project in the original allotted timeframe or as soon as possible thereafter. 2. In the contract all bedrooms were meant to get a split system but they missed out on a room. When we mentioned it to them they said its a study but it clearly says bedroom on the plan. They then came back with a reason saying the lounge unit is powerful enough to keep that bedroom cool or heater. What kind of reasoning is that? 3. A note was added in the contract that we will get canopy range hood and it was signed by the builder. Also email confirmation from builder during the build phase when we selected our kitchen cabinet. Now they are refusing to change it over. 4. The wrong colour gutter was installed and they took an old plan from the drafts person, however we have proof that we sent them the updated plan and it is also endorsed by the council. Thanks a billion!!!! Peter Re: Advice needed our builders are bullying us 2Sep 06, 2017 8:34 pm If in breach you can take steps to terminate the contract Re: Advice needed our builders are bullying us 6Sep 06, 2017 10:24 pm A lawyer who specialises in construction/contract law will be able to help. They'll need your contract, plans, inclusions etc basically everything you and the builder have signed off on. Emails, texts, notes etc are useless. The signed documents and all the contract conditions/clauses are all you can rely on now. Read it carefully yourself before you see the lawyer and identify any breaches yourself first. This will save you money with the lawyer if you come prepared. Then once you find the breaches, put the builder in breach via the lawyer with a breach notice and threaten to terminate if the breaches aren't remedied within 5 days (10 day if you feel generous). Then once you cancel the contract, find a new builder. Or your builder might start doing their job. You'll be fine as long as you stick to your guns and have a plan. Re: Advice needed our builders are bullying us 7Sep 06, 2017 10:28 pm And remember, the written and signed contract always overrides the signed plan. So the contract should confirm in writing the number of air conditioners and if it doesn't specify a number, then the builder is in the clear. Builders are reading and signing contracts all day long so it's going to be challenging but you can do it. Re: Advice needed our builders are bullying us 8Sep 07, 2017 9:17 am Thank you very much for your time. Unfortunately the specifications doesn't state how many air conditioning to be honest. I think this is going to be a crappy fight and the only part that we can fight for is probably the gutters and and extension of time as that is not a proper excuse. Re: Advice needed our builders are bullying us 9Sep 07, 2017 11:42 am namweng Don't waste your money on expensive lawyers on basic housing contracts If its a std MBA or HIA contract then it favours the builder.. you can terminate but there maybe additional costs for you Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs Re: Advice needed our builders are bullying us 10Sep 07, 2017 1:10 pm Thanks for the advice. We will see how things go we might end up getting a lawyer because its getting out of hands. Also over the 18 month build we were only allowed 1 walk through and we have requested for many but they kept ignoring us. Re: Advice needed our builders are bullying us 12Sep 07, 2017 4:54 pm Yes, get a building consultant that can stand up to the builder and make the builder blink. 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