Browse Forums Building A New House Re: Building Dispute - CHANGE of FLOOR PLAN WITHOUT CONSULTA 4Apr 22, 2022 2:40 pm i wouldn;t want to be in your place builder has signed copies of variations including floor plans it will be your word against theirs with them holding signed plans Re: Building Dispute - CHANGE of FLOOR PLAN WITHOUT CONSULTA 5Apr 22, 2022 3:08 pm aussieta i wouldn;t want to be in your place builder has signed copies of variations including floor plans it will be your word against theirs with them holding signed plans They must put it in writing as a Post Contract Variation. A floor plan doesn't suffice. Re: Building Dispute - CHANGE of FLOOR PLAN WITHOUT CONSULTA 6Apr 23, 2022 10:37 am Calandria strannik Unless you're happy to accept price reduction based on cost per m2, and your builder agrees to that, you need to engage a construction lawyer for proper legal advice. Do you have any idea what the cost per m2 is on average? It'd be whatever your house costs divided by the floor area. Either a base price before extra inclusions, or the total price. Re: Building Dispute - CHANGE of FLOOR PLAN WITHOUT CONSULTA 7Jun 23, 2022 1:45 pm Calandria My house is at fitting stage and I inspected with the Construction Manager. It felt smaller than what I thought. Go back to discover the last lot of documents that had Post Contract Variations for minor things like change of insurance company name and change of stock number for tapware etc, also included a change of floor plan. The floor plan wasn't discussed with me or agreed to by me. It had been changed 4 weeks before these PCVs were raised. When signing DocuSign, all documents (engineering, colour selection and floor plans) are included, even if the PCVs don't relate to them. As such, I didn't look at the floor plan because none of the PCVs changed the floorplans. Currently in negotiations. They've agreed to move some walls to reduce WIR sizes and give back space to rooms they had made smaller. The main lounge is 500mm smaller in length and the alfresco is 200mm smaller in length. These cannot be changed. What am I entitled to claim? Obviously price difference in a smaller house being built. They are moving walls etc at their cost. Can I claim compensation for them breaching contract ? (The change in floor plans was never presented to me in writing or with a PCV and no credit was given for a smaller house) Any advice would be greatly appreciated. Hi Calandria Your contract should have clauses that talk about Variations and how they’re properly made; although typically, they involve an agreement between both parties (the builder and the owner). If the Variations made are improper, such as when they were made without the consent of the other party, that could be ground for dispute, which the aggrieved party can bring to the Office of Fair Trading (or a similar office in you state). A specialist construction lawyer may be able to help you determine if the Variations were, indeed, improper, and could help you make an informed decision on the appropriate steps to take to rectify the situation. Cheers John Get sound legal advice. We manage Building Disputes, Construction Contracts, Security of Payment. PM for queries. https://www.contractsspecialist.com.au/articles/ 5 10459 yes it does, you've just not understood it. theres a difference. 4 5314 Elvis has left the building... The site supervisor quit after 2 month on the project. I guess he was just instructed to bark at people, but didn't like when he was… 26 20856 |