Hi all,
We're currently near practical completion, with a few bits and pieces to be completed internally. While the driveway and landscaping will also be completed by the builder.
Our is land is sloping, and also previously had a swimming pool (it was a knockdown rebuild). Parents didn't want the swimming pool anymore so they hired someone to just break it down and leave the concrete there and fill with soil.
We told the builder this, and he advised he would charge $25k to site costs (on the contract) but any extra would have to be charged because he didn't know what to expect with the soil when starting the excavation and site cut. In the end there was extra piers which had to be placed. This was all fine and extra was expected.
However, now, the builder is telling us they need to remove 200m3 of soil for the driveway site cut. However, nothing has changed with this aspect of the land since the beginning of the project.
Looking over the contract, it says he cannot seek additional funds if it could have reasonably been ascertained had the builder obtained all foundations data required under the act.
Any thoughts?
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