Browse Forums Building A New House 1 Jun 01, 2022 8:25 pm Can anyone please help me with my approach to fixing the defects from my slab/frame inspections. I’ve issued the report to the builder and want to ensure they’re fixed before the next stage commences. They claim all the defects are ‘minor’ and are pushing me to pay the next invoice. What rights do I have? How do I ensure everything is fixed...Ive asked for a walkthrough once they are fixed. But they keep asking for payment now See below “The frame stage has been completed and the Frame invoice needs to be processed by the client in accordance with the Building Contract. [The Builder] have been issued the Frame inspection list and will schedule the framer to complete. These items are only minor in nature and do not preclude the Frame Invoice from being processed. Please be aware that the EOT only covers the extra time to coordinate the independent inspector. It does not cover any delays in receiving payments. Any delays in processing any stage payments will lead to further delays and further EOT will be submitted. Please follow up the Frame payment so the Lockup stage trades do not have to be rescheduled.” Re: Builder pushing for payment before defect rectifications 2Jun 01, 2022 10:09 pm Adeez “The frame stage has been completed and the Frame invoice needs to be processed by the client in accordance with the Building Contract. [The Builder] have been issued the Frame inspection list and will schedule the framer to complete. These items are only minor in nature and do not preclude the Frame Invoice from being processed. The builders just fobbed off your inspection report and called bluff. If there was something major and there may well be, you'll never know unless you have it independently checked by a structural engineer. OT. It's like a poker game mate, nothing beats a royal flush, you builder and inspector are holding lower order cards (humour) Adeez Please be aware that the EOT only covers the extra time to coordinate the independent inspector. It does not cover any delays in receiving payments. Any delays in processing any stage payments will lead to further delays and further EOT will be submitted. Please follow up the Frame payment so the Lockup stage trades do not have to be rescheduled.” By delaying payment, you are extending the handover period indefinitely. The builder will expect you to eventually fold Get legal advice, since the builder has possession you are technically homeless. (humour) OT It would have been best if that was explained to you by the builder before you signed the contract Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs Re: Builder pushing for payment before defect rectifications 4Jun 01, 2022 10:40 pm Adeez So basically I’m stuck with a defective house that will keep building with defects till handover. Great No. Have a read through your building contract, it outlines both the payment process as well as defect resolution. Re: Builder pushing for payment before defect rectifications 5Jun 01, 2022 10:43 pm According to the builder a minor defective house which he warrants. And after the warranty periods expire you're screwed. That's the leeway the contract provides the builder... unless you wish to challenge that in a civil court? Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs Re: Builder pushing for payment before defect rectifications 6Jun 02, 2022 9:15 am Adeez, who are you building with? did you hire an independent inspector? What did the inspection report say about severity of defects? Re: Builder pushing for payment before defect rectifications 7Jun 02, 2022 9:59 pm Samz_Turra Adeez, who are you building with? did you hire an independent inspector? What did the inspection report say about severity of defects? Yes I did I guess in my mind there are major and minor defects. But in another of my posts people confirmed that the language doesn't really state whether one is more major or minor than the other. Its the same language used throughout the report and that all defects should be rectified. Re: Builder pushing for payment before defect rectifications 8Jun 03, 2022 9:37 am All defects need to be monitored, classified , certified, remedies cross referenced and the builder put on notice. Strengthen you hand and then call his bluff. Send it to the building commission with " If and when the time arrives I'll see you in court..." remind them they are suppose to be on your side Cheers Chris Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs Re: Builder pushing for payment before defect rectifications 9Jun 06, 2022 11:12 am Where are you building? State Your independent report? have they referenced the relevant standard or code that the work doesn't comply with?? We are Expert Consultant's, and we are here to help. Re: Builder pushing for payment before defect rectifications 10Jun 06, 2022 2:15 pm Adeez [The Builder] have been issued the Frame inspection list and will schedule the framer to complete. Whats wrong with this? its a commitment to fix the defects. Ask for photographic proof of the work being fixed. Trust but verify, always. Keep up the stage inspections. Most inspectors will check prior identified defects to see if they've been resolved and will comment if not. If they are still there, then ask the builder to explain why. there does come a point however (plaster) that if stuff on the frame isn't fixed that it will be impossible to tell if it has been. So stay ahead of it. You options here are pre plaster inspections and a possible out of schedule re-inspection if you have little faith in the builder fixing stuff. If they are on notice that you're willing to have their claims of stuff being fixed verified, then they will generally make sure stuff is sorted. Dark matter scientist, can breathe underwater, mind reader and can freeze matter just by willing it. Trust me, its in my sig. Its the flashing and is normal. Some builders cover them up others just leave them handing. You can cover it up with an aluminium bracket or ask the builder. 7 11287 you need to understand the breakdown of warranties. 90 warranty is considered as minor defects rectification period where as the longer ones are more major/structural… 1 5381 Building Standards; Getting It Right! There doesn't look to be any rebate in the slab to prevent water from scooting under the window. AS4654 is the Australian standard to look at/refer to. They have… 1 10189 |