Browse Forums Building A New House 1 Aug 21, 2020 8:30 pm Builder withholding “sustainability measures declaration of compliance “ Over payment dispute in which builder wants full upfront payment before occupancy can be lodged with surveyor. surveyor has advised me that he cant issue occupancy until builder submits this form. What if the builder drops dead before signing form, surely there must be a way around this. Builder has all the power. Unfortunately this sort of compliance certificate is not required to be lodged with a government body like the VBA so I’m stuck. Re: Builder withholding compliance certificate 2Aug 21, 2020 8:48 pm Hey Savill Welcome to the forum It wasn't that long ago I saw a builder nudge the client out the front door and basically told them "...dont come back until you have the final payment cheque" Things haven't basically changed in decades. My point is the battlers and punters have no protection, once they sign the building contract, OT, LOL and the Fed & state govts have given the builders $55K, so they aint going to upset the apple cart (so as to speak) Cheers Chris Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs Re: Builder withholding compliance certificate 3Aug 21, 2020 9:00 pm StructuralBIMGuy Hey Savill Welcome to the forum It wasn't that long ago I saw a builder nudge the client out the front door and basically told them "...dont come back until you have the final payment cheque" Things haven't basically changed in decades. My point is the battlers and punters have no protection, once they sign the building contract, OT, LOL and the Fed & state govts have given the builders $55K, so they aint going to upset the apple cart (so as to speak) Cheers Chris It’s illegal under the domestic building contract act to withhold certificates. Also contract paid in full builder wants $30 outside the contract .. crooks Re: Builder withholding compliance certificate 4Aug 22, 2020 11:47 am In Victoria occupancy certificate is a pre condition for final payment, also builder is not entitled to be paid for any variations that owner has not counter signed. This excludes provisional sums and PC adjustments Foremost Building Expert in Australia,assisting with building problems/disputes, building stage inspections,pre-contract review advice for peace of mind 200 blogs http://www.buildingexpert.net.au/blog For anyone that comes across this issue in the future - Just did what aussieta said and found a plumber to inspect it and sign off on it. Was difficult to find someone to… 3 6965 From a pure legal perspective, if you've signed the variation, it is a very high bar to have it set aside. No-one can give you legal advice on a forum, but you would need… 3 5465 |