Browse Forums Building A New House 1 Oct 13, 2008 12:55 pm Hi,
Some friends of mine are building through a "smallish" company. They are having all sorts of issues with their final inspections. One thing they told me is that, when they signed their contract, they didnt realise that the was a clause in it that they will not be coming back 3 months after building was completed. I thought, this was a must for builders, that they had to come back after completion of the house. I know they signed saying contract saying it didnt but they werent aware that was in there and even so can the builder do that??? Re: Inspection issue 2Oct 13, 2008 2:55 pm All builders must give a 3 month maintenance period and a 7 year guarantee so dont get the two confused.
Basically that means any issues that may arise in the 3 month period has to be attended to by the builder. The 7 year guarantee is for structural problems so after the 3 months don't bother calling the builder because a door doesn't close or things like that because they wont really care. On the other hand if it is structural then they must be responsible to rectify the problem. Re: Inspection issue 3Oct 14, 2008 11:40 am In the contract it says that they will be no 3 month maintance period.
They signed the contract and then noticed afterwards. I thought that even though they signed it, if they fought it the builder would have to come back and fix anything they needed. These people have basically accepted they wont be coming back, but i thought this would almost be illegal by the builder. Re: Inspection issue 5Oct 15, 2008 12:40 pm I would tell them that either they come and fix problems that was identified during the first 3 months or i would go get them fixed and then take them to small claims court for the $$ paid to fix their mistakes.
Legally i believe there are implied warrantys on certain things and if the faults identified shows that it is 'not fit for purpose' then they have to fix it or replace it. Trades practices 1974 act will overided any domestic contracts. ** disclosure** i'm not a lawyer...just an informed consumer. ---->Some say that a recession is when your neighbour loses his/her job while a depression is when you lose yours!<----- Re: Inspection issue 6Oct 15, 2008 7:21 pm Speak to a solicitor/lawyer. You have signed a legally binding contract whereby you have knowingly acknowledged (by signing it) waivering your right to a three month maintenance period. You have agreed to waiver this period by signing the contract. I don't even think small claims can help. Always read your contracts and seek legal advice if confused.
Good luck guys. Re: Inspection issue 8Oct 24, 2008 10:45 am Not my house luckily, but some friends of ours. Told them not to build with these guys.
Is there a statutory law that a builder needs to come back after 3 month period. I thought that there would be and that any contract signed would be almost void as they have to do it. Re: Inspection issue 11Oct 24, 2008 3:57 pm A proper waiver of your rights is a seperate document that is usually a bright colour. You sign one waiving your rights to a 7 day cooling off period when buying a new car. Also according to the trades practices act this should of been pointed out to you and explained before you signed the contract. Yes they have signed the contract and it is legally binding but the fines from the ACCC far outweigh the cost of a broken contract. If the house is completed they can get a court order to reside in it until the matter is finalised. My neighbour did it with formula homes so i'll ask him the details when i next see him. Building NB Hampton 19e finishing at end july 08 Re: Inspection issue 12Oct 30, 2008 3:27 pm smeagol statutory laws overides contract laws.... Contracts are derived from statute, that is statutes stipulate the contents of contracts. Ie: the standard HIA building contract in Victoria complies with the Domestic Building Contracts Act 1995, the Building Act 1993 and Fair Trading Act 1999 etc. It appears here they have waivered the builders three month maintenance visit which means the builder won't revisit to look for defects. The builder still has to & can be forced to fix defects (VCAT). The only difference is that the building owner has to find the defects and report them to the builder in writing. The builder won't come looking for them. I would still get legal advice, contract law is complex. Re: Inspection issue 13Nov 01, 2008 4:05 pm Izzys123 smeagol statutory laws overides contract laws.... Contracts are derived from statute, that is statutes stipulate the contents of contracts. Ie: the standard HIA building contract in Victoria complies with the Domestic Building Contracts Act 1995, the Building Act 1993 and Fair Trading Act 1999 etc. It appears here they have waivered the builders three month maintenance visit which means the builder won't revisit to look for defects. The builder still has to & can be forced to fix defects (VCAT). The only difference is that the building owner has to find the defects and report them to the builder in writing. The builder won't come looking for them. I would still get legal advice, contract law is complex. Contracts, see Consumer Affairs Victoria, link: http://www.consumer.vic.gov.au/CA256EB5 ... rmits~&3=~ thanks Chippy, i hope they have applied sealer but i am doubt to be honest, so i am gonna do this job after handover. 8 16177 2 5868 |