Browse Forums Building A New House 1 Oct 25, 2023 10:42 am Hello all,
Interesting one here that has caused much concern for us. Our builder changed their independent inspection policy after we had signed the HIA contract to require a $250 charge and 14 week (*edit days) delay per inspection to respond to the assessors reports (which adds up if you do 5 inspections). My understanding of the law around this is that they were never legally obligated to do anything with the reports and they have never said they would prevent our assessors from going on site (which would be illegal) but they essentially said they would throw the reports in the bin. They also said the cost will be charged up front and the time extension would have to be agreed upon and added to the contract length. Ignoring the pretty big issues that this stealthy policy change was not communicated to us prior to us entering construction and is clearly an attempt to discourage independent inspectors, are there any inspection stages that would be deemed necessary? Chris Re: Builder Charging to Review Independent Reports 2Oct 25, 2023 11:02 am cmbla3 Hello all, Interesting one here that has caused much concern for us. Our builder changed their independent inspection policy after we had signed the HIA contract to require a $250 charge and 14 week delay per inspection to respond to the assessors reports (which adds up if you do 5 inspections). My understanding of the law around this is that they were never legally obligated to do anything with the reports and they have never said they would prevent our assessors from going on site (which would be illegal) but they essentially said they would throw the reports in the bin. They also said the cost will be charged up front and the time extension would have to be agreed upon and added to the contract length. Ignoring the pretty big issues that this stealthy policy change was not communicated to us prior to us entering construction and is clearly an attempt to discourage independent inspectors, are there any inspection stages that would be deemed necessary? Chris I would recommend slab, frames and waterproofing. finishes you can do yourself. 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: Builder Charging to Review Independent Reports 3Oct 25, 2023 11:11 am cmbla3 Hello all, Interesting one here that has caused much concern for us. Our builder changed their independent inspection policy after we had signed the HIA contract to require a $250 charge and 14 week delay per inspection to respond to the assessors reports (which adds up if you do 5 inspections). My understanding of the law around this is that they were never legally obligated to do anything with the reports and they have never said they would prevent our assessors from going on site (which would be illegal) but they essentially said they would throw the reports in the bin. They also said the cost will be charged up front and the time extension would have to be agreed upon and added to the contract length. Ignoring the pretty big issues that this stealthy policy change was not communicated to us prior to us entering construction and is clearly an attempt to discourage independent inspectors, are there any inspection stages that would be deemed necessary? Chris A 14 week delay per inspection? So is your builder saying they know that the Independent Inspector will uncover stuff that requires 14 weeks of rework every time he does and inspection? Seems like your builder has just acknowledged they are doing a very bad job Re: Builder Charging to Review Independent Reports 4Oct 25, 2023 11:59 am Do not play builders games Inspections and reports are for your benefit to determine if there are defects You then forward your reports to the builder and ask them to attend to the defects If they choose not to then defects remain and you can choose to activate default contract notice, it escalates from there. Foremost Building Expert in Australia,assisting with building problems/disputes, building stage inspections,pre-contract review advice for peace of mind 200 blogs http://www.buildingexpert.net.au/blog Re: Builder Charging to Review Independent Reports 6Oct 26, 2023 7:59 am Pedro4137 How does builder change contract after both parties signed? Builder cannot change the conditions of building contract after it is signed, the builder is bluffing. Foremost Building Expert in Australia,assisting with building problems/disputes, building stage inspections,pre-contract review advice for peace of mind 200 blogs http://www.buildingexpert.net.au/blog Re: Builder Charging to Review Independent Reports 7Oct 26, 2023 8:29 am building-expert Pedro4137 How does builder change contract after both parties signed? Builder cannot change the conditions of building contract after it is signed, the builder is bluffing. It would go through as a contract variation. We've signed numerous ones so far, usually for changes to the plans, changes to the tender documents and such as a result of the final estimation that happened after the contract was signed. Re: Builder Charging to Review Independent Reports 8Oct 26, 2023 11:49 am Are you saying that you willingly signed a variation to the contract that is against your interest? Foremost Building Expert in Australia,assisting with building problems/disputes, building stage inspections,pre-contract review advice for peace of mind 200 blogs http://www.buildingexpert.net.au/blog Re: Builder Charging to Review Independent Reports 9Oct 26, 2023 11:54 am building-expert Are you saying that you willingly signed a variation to the contract that is against your interest? I haven't signed any variation about inspections, they will just refuse to respond to the inspector reports if I don't. My understanding is that legally they don't have to respond to anything the building inspector does, if there is something to the contrary I would love to know. Re: Builder Charging to Review Independent Reports 10Oct 26, 2023 1:28 pm It is true that a builder can ignore your independent inspection report as it is not part of the contractual arrangement but that is stupid because he cannot avoid fixing defects. Dealing with the defect sooner rather than later makes sense as it is likely to be easier and less expensive, however there is no law against stupidity. Foremost Building Expert in Australia,assisting with building problems/disputes, building stage inspections,pre-contract review advice for peace of mind 200 blogs http://www.buildingexpert.net.au/blog 4 6936 i thought the flipped plan initially but bec i want narrow pathway from entry to dining (dont like bend), also cannot fit the… 7 17339 The worst thing you can do is sign a building contract without a pre contract review. Over the years many people have come to me with disputes where they just signed… 0 8382 |