Browse Forums Building A New House Re: Procorp - Administrator appointed 881Apr 09, 2013 10:03 pm Sorry All but one last thing, please go to the sicorp website and find the claims handling guidelines. Not a riveting read but I'm sure you'll see that this matter has not been handled as it should of been. It goes against everything I have have learnt or taught my staff. Considering what you've all been through you deserve better. If you can't find it please pm me and ill send you the link Re: Procorp - Administrator appointed 882Apr 10, 2013 4:34 am JB2012 Morning, I think that's the best idea for all concerned. I would suggest you call Maccallum Lawyers on 92901822 and ask to speak with Dan Maccallum. I will give him a heads up to expect a possible call but he specialises in this field and has worked in Home Warranty for a long time, dealt with government regulators, etc. he will be able to assist you all, give you some comfort and his rates are more reasonable than the larger firms. I have no doubt you will be happy with his service. Funny I feel a sense of relief for you all with this suggestion. Please consider it as I don't think that anyone is getting the consumer protection that Home Owners Warranty should provide. Thanks for that Info JB2012 - I emailed my Solicitor who recommended I speak to Peter Merity who is a specialist Solicitor in Building and Construction matters 9689 3992 http://www.petermerity.com.au/index.html So I will be giving both Solicitors a call today regarding this matter and see who I feel comfortable with. After checking the numbers in my contract Sekisui will effectively receive an upfront payment of $140K to complete brickwork and roof tiles which are already done. The issue of the big front end payments was raised some else before in the forum and that's a concern. Methinks this deal between SiCorp and Sekisui is a bit like putting the Fox in charge of the Hen house . Sekisui might be the best option for SiCorp and its the easy option to take but I am feeling that its not the best option for me. Re: Procorp - Administrator appointed 883Apr 10, 2013 7:16 am Not a problem Michael. There is no doubt that this deal with sekisui is benefiting Sicorp. They are trying to minimise their overall exposure or loss as a result of Procorps collapse. Whilst i can understand this as it makes commercial sense it is unacceptable when it leaves the consumer hanging, which in this case it certainly has. Re: Procorp - Administrator appointed 884Apr 10, 2013 10:27 am What's people's thoughts on signing the contract if the only issue we have with it is not all defective work listed. We are past lockup, have around 3 weeks left to complete. Do you all think best to just sign and get it in the pipeline but put a notation on the contract about defective work not listed & to get this approved in between now and handover? I'm just worried if we hold off signing until the rest of the defective work is added in & approved it might take another few more weeks & we just need to get in this bloody house. Re: Procorp - Administrator appointed 885Apr 10, 2013 10:41 am Hi Brown2 I would still get the defects list in. Send an email and get them to type it up send back a couple of copies and add them to your contract. I personally wouldn't sign without a full list (as much as you can currently know) added and costed to the contract. Remember it has to go through Sicorp approval and then be given to QBE to add to the total, now that could take ages after you move in and you may find Sekisui defects once you move in which may muddy the waters Sorry that you are so close to getting in but not quite there yet!! I'm dropping my contract into my Solicitor today, sorry to KeyS can't wait, to have it scrutinised by 'legalese' eyes. And lucky me..... will be contacting QBE today to ask why they haven't acknowledged my costs claim yet... thanks to JB for reminding me of the standards they are supposed to follow in relation to claims ) Re: Procorp - Administrator appointed 886Apr 10, 2013 11:04 am Thanks. Well I sent an email to sekisui already 2 days ago listing the defective work they hadn't included so if its as simple as adding it in and resending the contracts I'm happy for that but I'm not happy to wait weeks for the defective work to be approved and what not. We just want to get in the house.. But anyway it's the risks We need to take I guess. Glad yours is in the pipeline. Be good once we get some work started on someone's house on here!! Re: Procorp - Administrator appointed 887Apr 10, 2013 12:40 pm I think wether you sign or not is pretty much dependant on what stage your up to. Were basically finished so we signed and they have started doing the driveway today. So far so good. I spoke to the concreter and he told me they want to hand over in 2 weeks. Having said this I doubt I would sign if I only had a frame or simular. All the best with it everyone. Re: Procorp - Administrator appointed 888Apr 11, 2013 1:16 pm Well we've decided not to sign until Defective work is all listed in the contract. Might waste some time getting it all there but probably better then not having the work approved and it costing us money we shouldn't have to pay for.. Anyway hopefully we all make out decisions and are happy Re: Procorp - Administrator appointed 889Apr 12, 2013 10:30 am I think that was a smart move Brown2. We have sent our contract back complete with signatures. The last issue was had was the progress payment schedule. They wanted payment after roof complete and bricks complete but we already have a completed roof and 95% of the bricks. Our first payment will now be after walls and tiles are in. Much happier Looking forward to seeing some action now. Re: Procorp - Administrator appointed 890Apr 12, 2013 11:05 am Hi all. Has anyone found before sending contracts back that they've had clauses changed, deleted or anything else? We've just dropped our contract to our solicitor to let his eyes notice anything we haven't. Re: Procorp - Administrator appointed 891Apr 12, 2013 1:32 pm DandH I think that was a smart move Brown2. We have sent our contract back complete with signatures. The last issue was had was the progress payment schedule. They wanted payment after roof complete and bricks complete but we already have a completed roof and 95% of the bricks. Our first payment will now be after walls and tiles are in. Much happier Looking forward to seeing some action now. Yes good move Brown2 and I have the same issue DandH - and will be asking for the Progress payments to be changed. If anyone has a concern about that, I emailed my contract to QBE as they apparently have not seen them (the contracts) - particularly the Progress payment claims portion and I would suggest you send that to QBE also - the last thing we want is to be signing major front loaded contracts a second time. Just getting final review done by Solicitor and will make final decision next week. Re: Procorp - Administrator appointed 892Apr 12, 2013 7:40 pm Good idea about the progress payments! We only have one payment to make and it's at completion/handover so that's a good thing I guess. You definitely don't want to be paying front loaded payments again after the last experience Re: Procorp - Administrator appointed 893Apr 12, 2013 11:43 pm We have two payments left to go and I have queried some things in the contract such as certifying building works from now on Procorp were in charge of that but with Sekisui not sure who pays.All the variations were not in the contract so we will have them put in as all the money is in the contract price and don't want any surprises later down the track Re: Procorp - Administrator appointed 894Apr 16, 2013 5:33 pm Dan17179 Hi all. Has anyone found before sending contracts back that they've had clauses changed, deleted or anything else? We've just dropped our contract to our solicitor to let his eyes notice anything we haven't. Hi all - well after a weekend of reading I found I had to start again yesterday when Sekisui sent me an "amended" contract which will have to be amended again. Now to wait for the legal opinion on Items I have flagged and see if they make any other suggestions. Don't know how everyone else's building site is but mine is overgrown with weeds and is looking very sad and sorry - must get up and give it a slash when the rain stops Re: Procorp - Administrator appointed 895Apr 17, 2013 5:09 pm Wondering How many contracts have been signed and if any work has been started? Re: Procorp - Administrator appointed 896Apr 18, 2013 7:03 am KeyStrategist Wondering How many contracts have been signed and if any work has been started? Morning Michael, Please see below which is from the HWIF website. Not sure if its 100 percent correct but its certainly the line they are selling re: where you guys are at. 15 Apr 2013 Sekisui House have issued 60 contracts to homeowners. Sekisui House have had 25 signed contracts returned. 16 projects have recommenced construction. Listed below are answers to the most frequently asked questions received by both QBE and Sekisui House. Q What if I have a question regarding my claim or the progress of my rental reimbursement claim which I have already submitted? A You should contact QBE Insurance (Australia) Limited (QBE) direct. QBE’s contact details are: Toll free number: 1300 790 723. Email: builderswarrantyclaims@qbe.com Mailing address: GPO Box 82, Sydney NSW 2001 Q What if I am experiencing financial difficulties or my rental agreement is almost up? A If you are experiencing financial hardship regarding current rental or storage payments please contact QBE. Please have your claim number available when you contact QBE. Q Am I able to claim additional rental costs if I sign the Sekisui House contract? A Yes but only in accordance with the NSW Self Insurance Corporation's (SICorp) home warranty insurance policy wording and in respect of delays in completing the project beyond the ProCorp contracted completion date. Please contact QBE for advice on your circumstances. Q What does my contract with Sekisui House cover? A The contract which has been provided to you by Sekisui house includes a standard HIA building contract. The contract is intended to finalise all incomplete and defective work needed to complete the home in accordance with the ProCorp plans, specifications and original tender documents including ProCorp agreed variations. All claimants who have agreed to have their claim settled through Sekisui House will only be required to pay the remaining liability that was due to ProCorp, including variations. The excess due under the claim is to be paid to Sekisui House. Q What if I find additional defects during the completion of my project? A Sekisui House has conducted site inspections on all properties and have listed the defects identified in the contract. Any additional defective work will need to be brought to the attention of Sekisui House. Sekisui House will price any further matters and provide this to QBE for assessment under your original Procorp claim. Q When will works commence on my site? A Sekisui House have indicated that work will commence within 20 working days of receiving the signed contract, subject to finance and other essential matters (which can be found in clause 4). Q Why are liquidated damages only $1 in the contract? A SICorp is not responsible for consequential losses under the policy of insurance responding to your non completion claim such as liquidated damages. Sekisui House has not provided liquidated damages beyond $1.00 per day in line with this limitation of liability. You are entitled to claim for reasonable cost such as storage and additional rental calculated from the original completion date of your ProCorp contract. Q Can I change the colours, specifications or plans? A If minor changes are required, please discuss with Sekisui House. These will be treated as normal variations under their variation policy. Delays due to variations will impact on claims for rent or storage. Given that the opportunity to use Sekisui House to complete your project is based on completing ProCorp agreed works, major changes to the project, such as design changes that require redrafting of drawings, will not be considered. Using a builder other than Sekisui means your claim will be assessed under the normal terms of the policy including the limitations on non-completion losses at 20 per cent. Q Who is responsible to obtaining the final Occupancy Certificate? A If your contract held ProCorp responsible for obtaining the occupancy certificate then Sekisui House will assist in obtaining all relevant certificates. Past experiences have found that some contractors may not be willing to provide the various certificates necessary for issuing the Occupancy Certificate. If you or Sekisui House encounter any problems in obtaining relevant certificates the matter will be handled as a variation to your original claim by QBE. Re: Procorp - Administrator appointed 897Apr 18, 2013 8:34 am In conjunction with Maccallum Lawyers we are offering an hours free advice for anyone affected by the collapse of Procorp. If your concerned about any aspect of the claims process please email me and we can set up a meeting in person or over the phone Re: Procorp - Administrator appointed 898Apr 18, 2013 9:38 am Thanks for the update JB2012, Some of the Answers to the FAQ's are Interesting. Lets see Financial Difficulties - Only rent and storage are covered but what about All the additional Interest payments made on Mortgages? What does my Contract cover ? - "The contract which has been provided to you by Sekisui house includes a standard HIA building contract." Yes but its been amended and altered by Gadens Solicitors thru the use of additional clauses and conditions. "Q What if I find additional defects during the completion of my project? A Sekisui House has conducted site inspections on all properties and have listed the defects identified in the contract. Any additional defective work will need to be brought to the attention of Sekisui House. Sekisui House will price any further matters and provide this to QBE for assessment under your original Procorp claim." I can only speak from my personal experience - but if I had not arranged for an independent building inspection I would be thousands of dollars out of pocket as NO defects were brought to our attention from the Sekisui inspection. Please ensure you have ALL current defects listed in your contract and have it checked out - I have found over $14,000 in what would have been considered "post contract variations" that may not have been covered if I had not insisted on having them looked into and included in the new contract. Re: Procorp - Administrator appointed 899Apr 18, 2013 10:07 am Hi Michael, can't agree more about engaging a consultant to inspect your property and prepare a report on all defects. No disrespect to sekisui but I'm not sure they are qualified to identify defective works. This is something everyone should do and the cost of such a service is claimable under the policy. Interest payments sadly will never be met by SiCorp. Never has and never will sadly. As to the contracts, getting them checked by a solicitor, which you have done is really worthwhile despite being an additional cost. Worth it for peace of mind. Re: Procorp - Administrator appointed 900Apr 24, 2013 1:59 pm Hi Guys Just checking to see how many people have had worked started yet and if anyone has received water accounts yet, we have received two the first I rang them to explain as no plumbing e.g sinks toilets in place and no meter or front tap there. They said they would investigate and then two days later there appeared a front tap and meter and no word, now a 2nd bill with late fee and no explaination over $300 and so another call placed and this time an explaination that if bills are to stop then pipe at front should be capped and I then explained it was capped before they investigated. I have since spoken to another Rep who has explained that as soon as the plumber lays pipes under slab this is deemed service to property Has any one else had these issues? |