Browse Forums Building A New House 1 Jun 04, 2012 10:41 am As per the topic title our build time is rapidly coming up to the two year mark, its already nearly 12 months late and no end in sight, we have not even had the internal hanging of doors completed. kitchen was supposedly ready in December, then was to be installed in March, May, and now today (but doubt that will happen) Our entire build has been one mistake after the other and had a real lack of supervision. We are pretty fed up as you can imagine and are trying to work out where to go from here. if we thought the builder would actually get their act together we would just ride it out, but I am having my doubts, and not having the house is starting to impact other areas in our lives. is there anyone that has been through this before and what did you do. We were thinking about what would be involved with bailing from this contract and getting someone else to finish it. We are in a rural area and we are expecting getting someone else to take it on would be difficult. Building NBG Buckingham 46 on Property in rural Victoria my Building Thread viewtopic.php?f=31&t=46837 Re: Build nearly 12 months Late - what to do 2Jun 04, 2012 10:53 am Hi, I am so sorry to hear that you have not had a fun time with building due to the building delaying everything. I really feel for you. I have not been through it before but perhaps you could seek legal advice because when you signed the contract too build wouldn't there have been some sort of handover date on there or something along the lines of that? If they have breached contract then you should have a leg to stand on. Perhaps just speak to a lawyer who understands building contracts! Sorry I could not be of any more help Re: Build nearly 12 months Late - what to do 3Jun 04, 2012 11:13 am The building contract doesnt have a completion date in it, but does have the contracted build time and what constitutes the time builder needs to start. this is what we have used ie 21 days from issue of building permit and the contracted days to work out we are already nearly 12 months late. I have already spoken to the building commission and we have grounds to get out of building contract if we wish to persue that path, what I am really interested in, is if anyone has done this and where to go from there. At the end of the day the house still needs to get finished, and I have no idea how much it would cost us to finish. Building NBG Buckingham 46 on Property in rural Victoria my Building Thread viewtopic.php?f=31&t=46837 Re: Build nearly 12 months Late - what to do 4Jun 04, 2012 3:37 pm How long is the building period? 26 weeks, 40 weeks? Is there a liquidated damages clause in your contract? How much per day is it? Are they giving you delay notices? I work for a small builder. The contracts that we use are HIA that state that there is a contract period of X amount of weeks. If you have this, I would work out on a spreadsheet when the 21 days from CC issue and any delay noticed (adverse weather conditions etc) that you have received. This should give you the completion date as per the contract period. The builders licence comes from the Dept of Fair Trading. I would contact them and ask how you claim liquidated damages from this company. They will also give you advise on severing the contract if that is what you want to do. Starting to charge them daily liquidated damages might be a big kick up the bum and get them to finish the job. In regards to completing the build, I have personally not dealt with a project where we have taken over from a builder where the contract was severed. The only time that we have taken over from a job is when the other builder has gone broke. In this case, you would have to try and find another builder that would be prepared to take over and finish the job. Modified Fernside 38 Rawson Homes Blog: http://www.thehousethatmatandjenbuilt.blogspot.com Build Thread: https://forum.homeone.com.au/viewtopic.php?f=31&t=60501 Re: Build nearly 12 months Late - what to do 5Jun 04, 2012 4:38 pm I have the building period in the contract, yes there are damages, I am able to calculate the delivery date. My issue was this was September 2011. I have not received any delay notices. I have already spoken to Fair trading, and yes they do believe I can terminate the contract, but we are looking for people that have been down this path as I think it could be quite lengthy and not sure what it involves in terms of what we have to pay the currently builder and what we retain to finish the job etc. we do actually have a good relationship with the builder despite the lack of progress and I am really hoping they get their act together and finish this place. Building NBG Buckingham 46 on Property in rural Victoria my Building Thread viewtopic.php?f=31&t=46837 Like I said the Occupancy Certificate is not the tollgate that marks the completion of the house. The contract defines… 7 11064 Our external decking was only installed 2 months ago, and already moulded, with cracks, and some timber decolorated. The decking is in an exposed area, uncovered in our… 0 1435 Thank you so much everyone. This all makes a lot of sense. 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