Browse Forums Building A New House Re: Builder suspended works, demanding variations, cost incr 22Aug 20, 2023 10:13 am SydneyPSSS agent0387 I totally understand what your going though, people who haven't gone through this kind of issues won't totally understand the pressure mentally, and financially as its very stressful and frustrating. I'm going through some issues myself with current builder. Our builder did ask on several occasions to pay prior to work being started, and still asking for next progress payments even when the current works are not completed. We are not giving them a dollar until they complete the current stage. We are at a standstill, nothing happening on site for 6 months now. Its been 12 months since construction started and we are only at frame stage. I called Icare and completed a "loss notification" form because we didn't meet the criteria for "trigger event" to make a claim. Meantime, we lodged a complaint with Fair trading. Fair trading have given builder a date to complete the current works but I know they cant complete by that date. Fair trading stated if builder cant meet the order, it will go NCAT, who will suspend/cancel builders licence and that will trigger an event with Icare to claim insurance. Its such a long battle. I only advise don't terminate your contract, because that's the only thing you have and builder has to follow their contractual obligations. Fair Trading can issue orders to rectify and complete but once the matter goes to NCAT these orders are automatically vacated. You will have to terminate contract and sue them in NCAT and if they become insolvent then you can claim on insurance. Try and have an honest conversation with them about why theve delayed. Take detailed notes. Record everything and take photos of everything. If they didn't get variations approved and signed by you before they did the work tell them they can stick their variation. That's the law right now. No agreement no pay. If they won't budge you should issue notice default under contract but get proper advice before you do that. From lawyer. How are you doing Ben? Extremely interested in hearing what you are doing or plan to do! 12 15394 Sorry to hear. All the advice you are going to get on this one comes down to what your contract says and what variations are allowed and the mechanism for them. For… 1 1705 I can help you with all that, you can PM me with details if you wish 3 6042 |