Variations - by builder

Hi, in Queensland and almost completed house build. Variation bill from builder stating the contract covers 44sqm driveway but our driveway is 75sqm so we are to pay the difference.
My query is: is this an oversight by builder? We have not made any changes, they designed our plan on our land and now we get bill? Can we refuse to pay?

Also, meter box location opposite to approved plans…. When we questioned it advised the electrician chose location as more economic position, then due to nbn. Now they’ve agreed in writing to do a 2nd meter box where it was supposed to be. But this effects our option for pool placement later. Builder says: pool not on plans (basically tough).

We’ve spoken to qbcc on meter box issue and will do same with the latest variation bill.

Any advice appreciated. We are stressed out (builder gave us a $1000 discount from driveway bill, but still expense we don’t need). Help…..

If you have taken possession of your house then you have accepted the way it is.
You could lodge a complaint with the building commission, but you'll have to line up with the tens of thousands that have been short changed during the process.
IMO, covid ->government stimulus -> Trade and material shortages has created an unethical movement within the industry... there's no appetite for public servants to go after the industry. You can win in the courts but that's only for the wealthy.
Finally and unfortunately the concrete trade isn't something you can DIY and builders know that

Thank you StrictualBIMGuy / we are not completed yet. Still 6-8 weeks from completion probably?

Hi annh


From the facts you’ve given, it does seem like this is a Variations issue. You might get advice on whether or not the Builder's conduct was misleading and deceptive or a misrepresentation. QBCC may be a good place to start resolving the issue. Alternatively, you may also want to consider consulting a specialist construction lawyer in your area who can give you a more thorough advice on your options.


Cheers,
John

Thank you John.
We have submitted paperwork to QBCC and see how things go from there?

The bottom line in a design and construct contract is a lump sum contract in which the builder is responsible for all costs from start to finish the only exceptions being PC items, provisional sums and on occasion a variation resulting from unforeseen event outside builder's control.

Unless your paving is a designated provisional sum (subject to adjustment) and you have not asked for a variation the builder must provide driveway as shown on plan.

Whoever looked at the plan and determined it is 44 m2 when in fact a diligent calculation would have produced 75m2 should pay for it out of their own paypacket.

Thank you.
No where on the plans does it outline the actual m2 of our driveway. Contract states 44m2 is included, but just before driveway was prepped for pour builder advised the variance due.
Looks like contract wording will be our undoing as states on their contract and the master builder contract…
“Contract price adjustment when cost exceeds allowance…”

I don’t think so. If the extent of driveway is shown on the drawings then that is what the builder is required to do. Calculations don’t matter. Even if it were a provisional sum, it was not calculated with care so if you were in Victoria the builder would be in breach of warranties regarding accuracy of the estimate.

Thank you. Interesting…