Browse Forums Building A New House 1 Dec 01, 2022 12:26 am We have a few items in our contract that we think are provision sum items (I say think because builder didn’t list them in relevant PS Schedule): - site costs estimates (decreased from original estimate) - sewer tie back estimate (increased substantially from original estimate) - costs to achieve certain energy rating (estimate increased by about $4k) Can anyone confirm our understanding that these items do meet definition of provisional sum items? We want to seek invoices for them if so. Re: Provisional sum items - categorisation and invoices 2Dec 01, 2022 3:23 am Asimp We have a few items in our contract that we think are provision sum items (I say think because builder didn’t list them in relevant PS Schedule): - site costs estimates (decreased from original estimate) - sewer tie back estimate (increased substantially from original estimate) - costs to achieve certain energy rating (estimate increased by about $4k) Can anyone confirm our understanding that these items do meet definition of provisional sum items? We want to seek invoices for them if so. Morning Asimp I could be wrong here but pretty sure I am not. My understanding is that for an item to be a valid provisional sum it must be listed as a provisional sum in the provisional sum schedule in your contract. Obviously I am not a construction lawyer, just been dealing with these things for a long time in NSW, maybe different in other states. All the best Simeon 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. Re: Provisional sum items - categorisation and invoices 3Dec 01, 2022 5:45 am Good morning Simeon, Thanks so much for reply. Whilst I can see where you’re coming from, the definition in the Vic HIA contract doesn’t specifically refer to them as only the items listed in the PS schedule. On the flip-side, if you’re correct and only provisional sums listed in the PS Schedule are valid, surely it follows that my builder cannot charge me more for the site costs, sewer tie back and energy rating than originally stated in the contract? Builder has stated the costs were an estimate and amount of each of these three has increased. If they’re not valid prime sums, surely they can’t do this and the price of these items has to remain as originally stated in the contract? Thanks again for your help. Re: Provisional sum items - categorisation and invoices 4Dec 01, 2022 6:28 am Asimp Good morning Simeon, Thanks so much for reply. Whilst I can see where you’re coming from, the definition in the Vic HIA contract doesn’t specifically refer to them as only the items listed in the PS schedule. On the flip-side, if you’re correct and only provisional sums listed in the PS Schedule are valid, surely it follows that my builder cannot charge me more for the site costs, sewer tie back and energy rating than originally stated in the contract? Builder has stated the costs were an estimate and amount of each of these three has increased. If they’re not valid prime sums, surely they can’t do this and the price of these items has to remain as originally stated in the contract? Thanks again for your help. Asimp If you are comfortable to do so, give me a call today as it might be easier to talk you through it in detail. My number is 0431 712 792 Cheers Simeon 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. You talk about deletions, are they variations or PS and PC adjustments? pleas list them 1 16707 The best advice is for you to get a competent building consultant to guide you through your build 7 4714 The significant date is when receive final payment invoice Check that section of contract Bit of fluff by builders prior to that 1 15956 |