NEW BUILD - HIA - BUILDER GROUNDS TO TERMINATE IF OWNER DOES

jmf93 · Sep 25, 2023 10:22 pm

Builder charged $2,500 to allow site-access for rough in for air-conditioning. Crazy.

I have asked if we can do other electrical work and rough in for solar while we have possession of the site and have been told if we do the Builder will terminate the contract and seek damages.

Thoughts?

Addysmum · Sep 26, 2023 1:37 am

jmf93

Builder charged $2,500 to allow site-access for rough in for air-conditioning. Crazy.

I have asked if we can do other electrical work and rough in for solar while we have possession of the site and have been told if we do the Builder will terminate the contract and seek damages.

Thoughts?

Is that normal to charge $2,500 for site access? Must be a very difficult site to get into to. That sounds crazy!
I’m afraid if you use an electrician other than theirs, then they have the right to terminate. Not sure about damages.

Addysmum · Sep 26, 2023 1:39 am

Call HIA for clarification?

building-expert · Sep 26, 2023 11:33 am

The builder is in posession of your site and unless you have special condition in the contract to allow your contractors to come on site you have no case. The builder can refuse or charge you. Why are you not asking the builder to supply and install your aircon?

ponzutwo · Sep 27, 2023 10:16 am

building-expert

. Why are you not asking the builder to supply and install your aircon?

Probably because its the single largest gouge they make.

In all the homes I've had built, the builders have quoted +100% (or over) of post handover quotes for the same system.

Ashington Homes · Sep 27, 2023 10:34 am

jmf93

Builder charged $2,500 to allow site-access for rough in for air-conditioning. Crazy.

I have asked if we can do other electrical work and rough in for solar while we have possession of the site and have been told if we do the Builder will terminate the contract and seek damages.

Thou

I can sort of understand the builder's position on this.

At rough in stage the aircon guys are notorious for damaging frames and flooring and basically just running their ducts where ever they feel like it. I have had to yell at guys so many time who rock up and just start cutting wherever they feel like.

Despite me telling them many times not to touch anything until we agree. They dont seem to understand mantra of measure twice cut once. We have tried number contractors and they all act the same.

So the question is, with using your own aircon team, who is taking the risk on any rectification work?

building-expert · Sep 27, 2023 12:54 pm

If you bring your contractors to site without builders approval it is a major breach of contract and yes the builder can issue a notice of default, and if not remedied ( get your stuff off the site) end yout building contract.

What happened at the time you were negotiating building contract? Were you asleep? That would have been the time to sort it out.

I deal with lot of building disputes and owners bringing their own contractors causes wheels to fall off with dire consequences.

There must be only one builder on the site in charge.

Your other option is to wat until handover then do your extra work but then you will be giving the builder get out of warranty card if you interfere with builders work. Remember you can be 1% wrong but then you will be accused of being 99% wrong, have you got money for your lawyers to deal with that @$800/hr?

Ardo · Sep 27, 2023 2:07 pm

building-expert

What happened at the time you were negotiating building contract? Were you asleep? That would have been the time to sort it out.

Gees that's a bit rough, is that what you tell your customers when they come to you with problems?
I thought a while ago you were saying it was fair for a builder to be able to charge more then the signed contract because prices had risen, or labour was in short supply.

building-expert · Sep 27, 2023 4:23 pm

The simple answer is that under standard lump sum contract the owner has no right to bring other conttractors to site, or the right to a variation.
If you want flexibility then sign up on a cost plus contract.

By the time people come to me they already have lost something in a dispute. My job is to assess the situation and lead them out with a minimum of loss.

This is why I advocate pre contract review and the stage inspections during construction as the best chance to avoid building problems.

Builder are going broke because the government has ruined the economy with covid response. They are going broke because cost escalation clauses are forbidden. Is it fair? Tell me when you will not be able to find a builder.

We are facing increased population through immigration at the time housing stock is inadequate and builders decimated. Who is going to build new homes?

ponzutwo · Sep 27, 2023 8:20 pm

building-expert

Builder are going broke because the government has ruined the economy

Just like with your conspiracy theories, you're wrong on this too.

Builders are going broke because many of them have been operating ponzi style businesses and it caught up to them during a global event. There is nothing the govt could have done to impact global supply chains on a meaningful level. Pull your head in.

Ponzi schemes always eventually collapse.

"The govt ruined the economy" 🤣
"The vaccine is poison" 🤣
What's next? Hollow earth? Maybe flat earth? Reptilians? 5g micro chips in the jab? 🤣

supersleuth · Sep 28, 2023 4:51 pm

jmf93

Builder charged $2,500 to allow site-access for rough in for air-conditioning. Crazy.

I have asked if we can do other electrical work and rough in for solar while we have possession of the site and have been told if we do the Builder will terminate the contract and seek damages.

Thoughts?

Sorry but you have a crap builder.

Probably too late now.

For our last build I only spoke to builders who would allow me easy access (at no cost). I used my own sparky and helped him run cables and organised all sorts of things while on site.

If not too far into the build, you could call builders bluff - If not bluffing find a new builder.