Browse Forums General Discussion 1 Jun 07, 2019 9:16 pm Having some issues with our builders, they miss quoted on parts of our build because they didn't quote to spec. They have on more then one occasion spoke about being against the wall to the point of almost breaking. As a response on the last occasion I said that we were experiencing financial strain as well of which I was requested to put in writing that we are able to meet out finacial obligation under our building contract yet I am not afforded the same assurances. I understand that under the HIA contract I am required to provide that information in writing, but what is there to protect owners when builders use the prospect of a shortage of cash to manipulate owners into early payments? Re: HIA Contracts/Owners rights 2Jun 07, 2019 9:57 pm Dont do it whatever you do, that's madness, what state are re you in? Re: HIA Contracts/Owners rights 3Jun 08, 2019 7:23 am Doozer1905 Dont do it whatever you do, that's madness, what state are re you in? We are in NSW, don’t do what? We were ment to be a couple of weeks from completion as of today but the latest issue piped up about a month ago. Re: HIA Contracts/Owners rights 4Jun 08, 2019 7:35 am Sounds like they are having trouble paying the trades. Sometimes the contractors won’t come back unless they have been paid on time . The suppliers will also cease orders going out. So close to finish might be worthwhile paying portion of what they ask in advance but normally I wouldn’t do it. If it gets the house completed it might be worthwhile . Re: HIA Contracts/Owners rights 5Jun 08, 2019 8:19 am Savloy Having read your thread more closely maybe they are trying to charge on the misquote get payment then not deduct it from the final invoice. In my experience and I’ve built 4 homes in last 20 years it might be better to pay the extras if it’s reasonable or part there of if you can come to some arrangement. I have had this same problem and they they wouldn’t give me the keys till I paid. The amount was about $10000 on a separate invoice to the final payment. Make sure they issue invoices for any amounts you pay. Re: HIA Contracts/Owners rights 7Jun 08, 2019 9:13 am Savloy Having some issues with our builders, they miss quoted on parts of our build because they didn't quote to spec. They have on more then one occasion spoke about being against the wall to the point of almost breaking. Then they shouldn't be in Business, unfortunately, more of these fools are hitting the wall,Taking down the Innocent battlers and punters. Savloy As a response on the last occasion I said that we were experiencing financial strain as well of which I was requested to put in writing that we are able to meet out finacial obligation under our building contract yet I am not afforded the same assurances. Passing the buck is a favourite past time...It's always the owners and banks fault? If you dont play their game they will slow down your build and milk you like a cash cow. Savloy I understand that under the HIA contract I am required to provide that information in writing, but what is there to protect owners when builders use the prospect of a shortage of cash to manipulate owners into early payments? Correct, you aren't afforded the same protections, the HIA & MBA contracts are geared to the builders You should have broken down and analysed all the design, data and costs Here before you signed the contract. Front loading progress payments is a sure sign of troubles to come and the banks are on to it, I estimate there are tens of thousands affected Goodluck Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs Re: HIA Contracts/Owners rights 8Jun 08, 2019 8:38 pm Is anyone aware of us not being allowed to talk to our engineer with out giving notice to the builders? On a previous issue they were quoting that under the contract we must notify them prior to contacting the engineer otherwise we were in breach of the contract. Re: HIA Contracts/Owners rights 9Jun 08, 2019 10:21 pm It's never ideal seeking help here so late in your build , I knew it would be a first time poster or close enough,better to have spent much more time learning before building as you will find plenty of information on the one sided nature of hia,MBA contracts,a pre contract inspection would of helped considerably and I would of pulled out of build if changes were not made, builders can smell a vonurable client ,you need the builder to know you know your rights,I would get a knowledgeable building inspector with good qualifications so builder knows your armed with knowledge,hope it works out for you, good luck Re: HIA Contracts/Owners rights 10Jun 09, 2019 7:52 am Savloy Is anyone aware of us not being allowed to talk to our engineer with out giving notice to the builders? On a previous issue they were quoting that under the contract we must notify them prior to contacting the engineer otherwise we were in breach of the contract. Of course you can hire an independent Engineer and the Builder should be notified..why make the situation worse by not notifying them that your independent engineer is inspecting the structural aspects for non compliance? It's a good idea to have the Engineer inspect 24 Hours before the work is carried out in case the concrete truck is delayed,rejected or turned away. This should allow the builder/sub contractor time to rectify or reschedule without being penalised. Here Incorrect reinforcement placement "not fit for purpose" being rectified prior to concrete pour OT, The rule is simply the structural work/build is either compliant with the NCC or non-compliant the later requires an engineer to correct & rectifier. Building Surveyors, Architects and Building Inspectors are not licensed Engineers. hth Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs Re: HIA Contracts/Owners rights 11Jun 09, 2019 8:02 am StructuralBIMGuy Savloy Is anyone aware of us not being allowed to talk to our engineer with out giving notice to the builders? On a previous issue they were quoting that under the contract we must notify them prior to contacting the engineer otherwise we were in breach of the contract. Of course you can hire an independent Engineer and the Builder should be notified..why make the situation worse by not notifying them that your independent engineer is inspecting the structural aspects for non compliance? It's a good idea to have the Engineer inspect 24 Hours before the work is carried out in case the concrete truck is delayed,rejected or turned away. This should allow the builder/sub contractor time to rectify or reschedule without being penalised. Here Incorrect reinforcement placement "not fit for purpose" being rectified prior to concrete pour OT, The rule is simply the structural work/build is either compliant with the NCC or non-compliant the later requires an engineer to certifier. Building Surveyors, Architects and Building Inspectors are not licensed Engineers. hth So if I’m not getting an inspection, I just want to ask some questions about work that has already been carried out I have to notify the builders I’m talking to him? Re: HIA Contracts/Owners rights 12Jun 09, 2019 8:21 am You can talk to whoever you want and post questions where ever you wish OT, Problems arise when 1. You don't have all the Engineering drawings, notes and specifications..how do you know if it's done correctly? 2. You need photographic evidence as to what was done...conveniently no one remembers months after the event 3.Expert Engineering judgements/calculations are also required in the event of litigation against the builder... be prepared 4. You will need to show that you have done all you can to mitigate the problem and basically "it's all the builders fault" 5.Get all conversation in writing/emails 6.7 etc Forewarned is forearmed Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs 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 17153 MBA and HIA both have sub contract agreements, check them out 2 7327 Industry type domestic contracts are prepared by industry bodies for the benefit of the builders. This means that if you are the owner watch out. One of the points is… 0 3235 |