Browse Forums General Discussion 1 Jul 30, 2018 7:42 am We note that this builder has a special condition in the contract that states that the builder will charge you $500 as an administration fee and apply 14 days to the contract if you use an Independent Inspector. That is regarded as a penalty and should be reported to the ACCC. The fines to the builder are substantial and I would suggest that the builder seeks legal advice to ensure that this clause as presented is within the scope of the law. The law states in Section 240 of the Building Act that a home owner has the right to engage ANYBODY to assist them with their home build. The Law states in Section 19 of the Domestic Building Contracts Act that the builder MUST make all parts of the home available for inspection by the home owner or their agent. In this case that would be Darbecca. Adding a Penalty in the form of an Admin Charge has been tried in the past by the bigger builders. It was removed when they found out that the government would seek legal recourse unless they removed this from the contracts. Everybody needs to watch out for these clauses in contracts. And call out the builder when this occurs. Cheers Re: Holbrook Homes Independent Inspectors. 2Jul 30, 2018 9:56 am Small Minds Everybody needs to watch out for these clauses in contracts. See also the thread below. viewtopic.php?f=1&t=86252 I thought of asking for the above linked thread to be made a sticky but the thread's title is really not suitable for a much needed more encompassing discussion that your post could have contributed to. New home buyers always have the right to walk away from and report any builder who uses bullying tactics and unfair contract clauses to deny the persons employing them their legal rights but how many new home buyers actually read through their contract or have a pre contract signing consultation with an industry expert? Small Minds And call out the builder when this occurs. Not the way to start a client-builder relationship, much better to get another builder. You also need to be aware of certified 'Performance Solutions' (formerly known as Alternative Solutions) hidden in contracts. There are numerous houses now built with weaker mortar mix, water resistant instead of waterproofing finishes, recessed damp proof courses and other cost saving and bad workmanship forgiving finishes that new home buyers are either not aware of or do not understand. The term 'Performance Solution' is a misnomer and one must question the true reason for the name change. 3in1 Supadiverta. Rainwater Harvesting Best Practice using syphonic drainage. Cleaner Neater Smarter Cheaper Supa Gutter Pumper. A low cost syphonic eaves gutter overflow solution. Re: Holbrook Homes Independent Inspectors. 3Jul 30, 2018 10:16 am SaveH2O, Thank you for your support on this matter. You are correct in all parts. The builders are getting away with more and more with fancy names and hidden clauses. Re: Holbrook Homes Independent Inspectors. 4Jul 30, 2018 11:03 am I notice that you have also posted information on other threads. Maybe you should start a generic thread in General Discussion to (hopefully) raise buyer awareness about various issues pre contract signing. There are many things that new home buyers are not aware of. Do you remember the very cold Melbourne morning last winter that caused damage to many solar hot water systems that were not suitable for cold conditions? Nearly all of them had been installed on new homes. There is also no requirement to follow a manufacturer's recommendation re sizing to suit colder climates which has seen some builders also installing undersized (cheaper) units. https://www.theage.com.au/national/vict ... x3dfd.html 3in1 Supadiverta. Rainwater Harvesting Best Practice using syphonic drainage. Cleaner Neater Smarter Cheaper Supa Gutter Pumper. A low cost syphonic eaves gutter overflow solution. Re: Holbrook Homes Independent Inspectors. 5Jul 30, 2018 11:06 am I'm new to this so if you could re-post, that would be great. Re: Holbrook Homes Independent Inspectors. 6Jul 30, 2018 12:00 pm It would be your thread with a suitable thread title, something like "Builder's Contracts. Awareness Needed Before Signing!" or similar. I started one on Performance Solutions a couple of years ago and the idea was to raise awareness and hopefully have members add to the short list that I posted. Unfortunately there was not one contributor with other examples although I was contacted privately by several aggrieved members who still didn't post their experiences when asked (not everyone has a social concience ) but maybe another thread will have more success. My failed thread is below. viewtopic.php?f=3&t=83571 The thread below should also interest you and highlights one reason why a pre contract signing consultation with an industry professional is advised. A few years ago I found a $8,500 double charge on a hydraulic assessment for a H1 member while discussing a (common) non compliance issue. viewtopic.php?f=31&t=70524 3in1 Supadiverta. Rainwater Harvesting Best Practice using syphonic drainage. Cleaner Neater Smarter Cheaper Supa Gutter Pumper. A low cost syphonic eaves gutter overflow solution. That is a really good attitude Akin to you catch more flies with honey than vinegar. I do enjoy watching that tik tok inspector from Victoria but he does go a little… 12 81884 If you are in Victoria you have a statutory right to your own building inspector regardless of builder's consent. No negotiations are required. However the builder will… 1 2930 It is true that a builder can ignore your independent inspection report as it is not part of the contractual arrangement but that is stupid because he cannot avoid fixing… 9 46854 |