Browse Forums Building A New House 1 Apr 19, 2022 3:54 pm Hi all Could anyone offer some advice whether I should continue with my own out of pocket independent stage inspections for building my new home. I signed a fixed price build contract last year in March 2021. They were supposed to start construction in May 2021, which then got pushed to December, and then finally started in Feb 2022, with only the slab being poured thus far. From here onwards they said under normal conditions the build should be completed in 6-8 months, but with supply issues etc, they can't give an accurate timeline. It could be even longer than that. Independent inspections would add another 2-3 weeks to each stage, further pushing out the build time. I'm a little lost here. Because adding more time to this build creates further risk in potential increase in costs, blowing out costs, shortage of materials, inflation and whatever else might happen. The builder has claimed that their stage inspections are already done independently, for which I receive reports etc at each stage. And that the surveyor who does the inspections is not affiliated with the builder Given the current construction climate I'm not sure what to do...I feel there's risk adding further time to this build but at the same time not getting my own inspections seems risky as well. Any thoughts or advice would be great... Re: Not sure whether to continue with independent inspection 2Apr 19, 2022 4:10 pm continue your inspections. They are the only true independent view of what is going on with your build/site. The whole "it will add time to your build" line is an indicator that there will be stuff to fix. You have forgotten that there is the potential for non compliance to also cost you down the line. Unless you personally appointed the surveyor, The builders stage inspections are completed by a surveyor the builder already has a relationship with. They may not work for the builder per se, but its a conflicted relationship. Those surveyors have a vested interest in keeping those relationships going and may overlook stuff to maintain those relationships, therefore their business pipeline. There are stories of surveyors driving by and signing stuff off without even getting out of the car. Also I would take a look at your contract to identify when your original completion date was meant to be as its likley you will be due liquidated damages as it is. Dark matter scientist, can breathe underwater, mind reader and can freeze matter just by willing it. Trust me, its in my sig. Re: Not sure whether to continue with independent inspection 3Apr 19, 2022 7:11 pm The certifier/building surveyor does not look at the Quality of the build, they are only looking at the compliance issue, further most guys are level 3 certifiers (low rise, Level 2 = Medium Rise & Level 1 = Open-All structures). The time to complete the course for a level 3 is 12mths with 6mths working under a qualified certifier to meet the requirements for licensing. This can mean the certifier inspecting the works is a little green. A building inspector will look at Quality, you should ask to see a sample of their report, you should also enquire how long the inspector has been doing inspections and what qualifications they have, just because they are "Independent" does not mean they are good. And yes, you should get inspections done. I call BS on 2-3 weeks for each stage, maybe 1-2 weeks overall but that would be rectification time! How long do you think it will take to get the builder out to fix the works after handover?? We are Expert Consultant's, and we are here to help. Re: Not sure whether to continue with independent inspection 4Apr 19, 2022 10:31 pm Thanks all. I've decided to go ahead with my own third party inspections... Follow up question - when these occur. What power and rights do I really have. If the third party inspections are for quality rather than compliance - what stops the builder from saying we don't care and we are going to continue to the next stage? I've heard of builders continuing the build as approvals were met and then the owner didn't have much power when it came to getting everything fixed before the next stage. Re: Not sure whether to continue with independent inspection 5Apr 19, 2022 10:51 pm The builder must meet the MINIMUM level of quality as defined in The Standard & Tolerance Guide put out be each state, their building inspectors all reverence this guide when deciding on if the works are defective. Read the guide and understand the viewing locations! The BCA states A5.0 relates to the quality of work and materials needed to construct a building to meet NCC requirements. This means that— all people involved with construction must work skillfully in accordance with good trade practice; and all materials must be of a quality to fulfil their function/s within the building. A5.0 only applies to matters normally covered by the NCC. While A5.0 outlines quality of work and material demands, sometimes additional conditions may be required by— other Commonwealth, State or Territory legislation; and contracts that include either specific quality requirements, or requirements for specific materials and the like. Your contract will state that the works are required to be undertaken and done to a skilled tradesman like finish. Therefore you can issue a breach of contract when the builder fails to preform as setout in the contract, you would probably want to engage a solicitor to deal with this part. We are Expert Consultant's, and we are here to help. Re: Not sure whether to continue with independent inspection 6Apr 19, 2022 11:30 pm Can I ask what builder you went with as my builder also has a clause in the contract that they add an extra 2-3 weeks per inspection. Also your build time delays are very similar to mine. I have had my frame inspection done and thus far they haven't issued a time extension to me yet. Re: Not sure whether to continue with independent inspection 7Apr 20, 2022 12:10 am None, I am multi qualified in a number of building aspects, I contract to project builders & owners across all of these issues. I'm guessing your builder is a small to medium size company, You might want to ask your builder what permits him to include a penalty clause in his contract and suggest he review the Australian Consumer Act We are Expert Consultant's, and we are here to help. Re: Not sure whether to continue with independent inspection 8Apr 20, 2022 3:57 am ![]() You might want to ask your builder what permits him to include a penalty clause in his contract and suggest he review the Australian Consumer Act Yep, Unfair Contract clause. Builders try on different ones, Googling key words such as "Builders Unfair Contract Clause ACCC" or even using the forum's search facility will bring up discussions and examples. Try "Wisdom Homes Unfair Contract Clause" on H1 for starters. 3in1 Supadiverta. Rainwater Harvesting Best Practice using syphonic drainage. Cleaner Neater Smarter Cheaper Supa Gutter Pumper. A low cost syphonic eaves gutter overflow solution. Re: Not sure whether to continue with independent inspection 9Apr 20, 2022 8:53 am ![]() Thanks all. I've decided to go ahead with my own third party inspections... Follow up question - when these occur. What power and rights do I really have. If the third party inspections are for quality rather than compliance - what stops the builder from saying we don't care and we are going to continue to the next stage? I've heard of builders continuing the build as approvals were met and then the owner didn't have much power when it came to getting everything fixed before the next stage. this is a really pertinent question, because a lot of people assume the inspector takes care of the report AND the battle. The inspector provides you a report that will clearly outline what has not met the required standard with a photo of the offending item. They will often quote the relevant section of the construction code, often providing a diagram of how something should be done, where relevant. The builder is effectively put on notice by this because it is evidence that they have not complied with not only the standards set out by law, but also in relation to the contract which they also signed to perform the work in an professional and workmanlike manner. This is usually enough information for YOU, the client, to have a conversation with the builder about what they are doing and what you expect them to do. It is recommended that this be done in writing as much as possible n the even that something goes poorly and you need to quote their response. Often however, the report is enough to get them to deal with the issue and provide evidence of the fix. If they don't, then you of course have a bigger problem on your hands. However you have the requisite evidence to take it further if you want/need to. Be forewarned though that thge reports will always read very alarming, and people who already have poor communication skills and poor builders often create additional friction where it is unnecessary. So key to getting good outcomes is to understand the contents of teh report (th inspector can help you understand if something is not clear) and your ability to hold a calm and respectful conversation with the builder about the report findings. The more you know about something, the less the builder is able to bull$hit you. Dark matter scientist, can breathe underwater, mind reader and can freeze matter just by willing it. Trust me, its in my sig. Re: Not sure whether to continue with independent inspection 10Apr 20, 2022 8:58 am ![]() Hi all Could anyone offer some advice whether I should continue with my own out of pocket independent stage inspections for building my new home. I signed a fixed price build contract last year in March 2021. They were supposed to start construction in May 2021, which then got pushed to December, and then finally started in Feb 2022, with only the slab being poured thus far. From here onwards they said under normal conditions the build should be completed in 6-8 months, but with supply issues etc, they can't give an accurate timeline. It could be even longer than that. Independent inspections would add another 2-3 weeks to each stage, further pushing out the build time. I'm a little lost here. Because adding more time to this build creates further risk in potential increase in costs, blowing out costs, shortage of materials, inflation and whatever else might happen. The builder has claimed that their stage inspections are already done independently, for which I receive reports etc at each stage. And that the surveyor who does the inspections is not affiliated with the builder Given the current construction climate I'm not sure what to do...I feel there's risk adding further time to this build but at the same time not getting my own inspections seems risky as well. Any thoughts or advice would be great... "add another 2-3 weeks to each stage"? So your builder is saying they are going to be so far out of compliance at each stage that they'll need 2-3 weeks for rectification? If your builder is doing the right thing then your independent Inspector's findings should add next to no time at all. As for any builder claiming THEIR inspection is independent? Absolute rubbish Re: Not sure whether to continue with independent inspection 11Jun 22, 2022 12:25 pm ![]() Hi all Could anyone offer some advice whether I should continue with my own out of pocket independent stage inspections for building my new home. I signed a fixed price build contract last year in March 2021. They were supposed to start construction in May 2021, which then got pushed to December, and then finally started in Feb 2022, with only the slab being poured thus far. From here onwards they said under normal conditions the build should be completed in 6-8 months, but with supply issues etc, they can't give an accurate timeline. It could be even longer than that. Independent inspections would add another 2-3 weeks to each stage, further pushing out the build time. I'm a little lost here. Because adding more time to this build creates further risk in potential increase in costs, blowing out costs, shortage of materials, inflation and whatever else might happen. The builder has claimed that their stage inspections are already done independently, for which I receive reports etc at each stage. And that the surveyor who does the inspections is not affiliated with the builder Given the current construction climate I'm not sure what to do...I feel there's risk adding further time to this build but at the same time not getting my own inspections seems risky as well. Any thoughts or advice would be great... Hi adeez Building a home is certainly one of the biggest investments you’ll ever make, and we know that this comes with a lot of risks - most especially to time, quality of build, and cost. If your risk profile is risk-averse, then keeping your independent inspector may provide you a wide safety net, even though the trade off may be that construction will take longer. It might be a good idea to consult with a specialist construction lawyer in your area, not necessarily because you have construction problems now or that you foresee them happening, but because specialist construction lawyers would have encountered plenty of situations where disputes arise from defects, delays, etc., and would know how those matters go and how to address them. They can give you facts and insights on similar cases, so you can make an informed decision on whether to continue with the independent inspections or not. Cheers John Get sound legal advice. We manage Building Disputes, Construction Contracts, Security of Payment. PM for queries. https://www.contractsspecialist.com.au/articles/ Re: Not sure whether to continue with independent inspection 12Jun 22, 2022 1:26 pm Your inspector is not independent. They work for you. Nor is the builder's inspector independent. The builder has no obligation to read your inspectors report. The builder cannot deny you or your agent (the inspector) site access to inspect, or charge you extra for such access. If your inspector reports defects it is up to you to address these with your builder per your contract procedure and they can't charge you more or delay works for this. I would recommend getting the inspections done and managing any significant issues arising all in writing with your builder. Don't accept the builders bluff and BS about this. Your inspections will support them to deliver quality work and likely save them time and money rectifing any defects later. Re: Not sure whether to continue with independent inspection 13Jun 22, 2022 2:18 pm ![]() ![]() Hi all Could anyone offer some advice whether I should continue with my own out of pocket independent stage inspections for building my new home. I signed a fixed price build contract last year in March 2021. They were supposed to start construction in May 2021, which then got pushed to December, and then finally started in Feb 2022, with only the slab being poured thus far. From here onwards they said under normal conditions the build should be completed in 6-8 months, but with supply issues etc, they can't give an accurate timeline. It could be even longer than that. Independent inspections would add another 2-3 weeks to each stage, further pushing out the build time. I'm a little lost here. Because adding more time to this build creates further risk in potential increase in costs, blowing out costs, shortage of materials, inflation and whatever else might happen. The builder has claimed that their stage inspections are already done independently, for which I receive reports etc at each stage. And that the surveyor who does the inspections is not affiliated with the builder Given the current construction climate I'm not sure what to do...I feel there's risk adding further time to this build but at the same time not getting my own inspections seems risky as well. Any thoughts or advice would be great... "add another 2-3 weeks to each stage"? So your builder is saying they are going to be so far out of compliance at each stage that they'll need 2-3 weeks for rectification? If your builder is doing the right thing then your independent Inspector's findings should add next to no time at all. As for any builder claiming THEIR inspection is independent? Absolute rubbish very good point! Architectural Homes & Duplexes - specialising in custom designing homes to your budget Get a Free Onsite Consultation Today or send a PM for information, questions or advice. hi guys. Please be nice. First time home builder in Qld. I would like some feedback please on whether I should build my granny flat first before my main house at the… 0 5438 You have mandatory building inspections and privately engaged building inspections. The difference between the two comes down to inspecting the building so it's safe and… 3 18871 That is a really good attitude Akin to you catch more flies with honey than vinegar. I do enjoy watching that tik tok inspector from Victoria but he does go a little… 12 82822 ![]() |