Build not to plans - advice needed

Hi, we are at the end of a renovation and 6 months over practical completion because of so many defects we have fought our builder to fix. A big one that I don’t classify as a defect is that he has build the rear retaining wall completely different to what is on the engineering plans. This has meant a reduction of useable outdoor space for us around the house. I want what was on my engineering plans. Does the builder have to fix it because it isn’t as contracted?

Are you in QLD? Because yes we are at n the same boat. Roof not built to plan and soooo many defects. You can get the certifier out whenever you want - if the wall is not up to scratch it may be defective. A retaining wall is usually one of those things a certifier will crack up about. Start an Early dispute resolution with the qbcc.

[quote="Redders" Does the builder have to fix it because it isn’t as contracted?[/quote]
You may want to see a construction lawyer.

If the engineered retaining wall plans were part of your contract then yes they should be built as per the plans.

you do need to make sure they were built to plans to ensure they will be fit for purpose.
If you are planning a garden in the back and the walls are built well you could consider consulting a landscaper and getting clever and plant them out so looks like a lush green area and blocks our neighbours. If they are too narrow you cannot plant much in them.
Best of luck

Hi Redders,


Not sure where the renovation was made, or what particular type of construction contract you have, but in any case, it’s always best to refer to your contract and check the clauses on variation, defects, delay, rectification. Then talk to your builder and try to see if you can reach an agreement on how to rectify the situation. You may also check these out: Breach of Construction Contract, Building Dispute Resolution; but they apply specifically to NSW.

Alternatively, you can try bringing your matter to a specialist construction lawyer in your city, who can look into all the nuances and details of your particular situation, and dispense legal advice accordingly.

Cheers

Thanks for your reply. We had to wait 15 weeks for a QBCC inspection and they found in our favour for most defects. The retaining wall is currently coming down to be rebuilt along with so many other defects. We’ve had to wait over 12 months though.

Hi, glad it could be sorted. We ended up terminating the contract and the Qbcc also found in our favour. But then the builder asked fir an internal review so now waiting another month.

Yes it’s been coming up a year. They don’t work fast but having said that. They’ll get us a builder to finish the job.

It’s a long and frustrating experience!!!

Oh no that is terrible. I just don’t understand why they don’t do it right in the first place