Browse Forums Building A New House 1 Aug 06, 2024 9:26 pm Hi everyone, Has anyone received a suspension of work due to non payment of variation? And they wanted to back date it for 30 days? Se Never notified of the suspension of work and trades have worked on site non stop. And received a email yesterday about it the payment and wanted to back date the delay damages due to suspension of work. So variation was 2k. And wanted to charge me 60k. Nothing in my contracts says this of suspension of work due to non payment of variation. What are my rights here? Re: Suspend work of non payment of variation 2Aug 08, 2024 5:50 am Huynhm3 Hi everyone, Has anyone received a suspension of work due to non payment of variation? And they wanted to back date it for 30 days? Se Never notified of the suspension of work and trades have worked on site non stop. And received a email yesterday about it the payment and wanted to back date the delay damages due to suspension of work. So variation was 2k. And wanted to charge me 60k. Nothing in my contracts says this of suspension of work due to non payment of variation. What are my rights here? Generally most construction contracts have a clause or mechanism which deal with suspension of work for non payment. An non payment includes variations. There is generally a process that needs to be undertaken which gives you a warning first that works will be suspended if you don't pay. But at this point you really need to get legal advice to see whether or not the builder has followed the correct process. I have found that a lot of residential builders are dumb and don't know how to manage a construction contract. I say this as I come from and was trained in commercial building ( managing contracts as large as $60 to $100 million) and contract management is an art and critical to running large projects, where both sides have lawyers on standby. Compared to residential where builders do whatever they like. So definitely get some legal advice ASAP 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. Re: Suspend work of non payment of variation 3Aug 08, 2024 7:11 am Thanks Simeon. The builder has now retracted it, as I added my lawyer to my email. Also work were not stopped at any stage and he didn’t go through the process of suspension of work. Did not provided notice or provide debt collection process. Re: Suspend work of non payment of variation 6Nov 02, 2024 10:44 pm Huynhm3 Around 1k a month for lawyer fees , I have a building rep too that I pay around adhoc when needed. If not my builder will rip me off Hi Huynhm3, is building rep a private inspector? Re: Suspend work of non payment of variation 7Nov 03, 2024 6:43 am My building rep is an inspector , witness expert and a builder. The services that he is doing for me is helping me with my project and representing me when I need help with the build. I don’t have a background in construction and the building representative can provide advice. Emails, EOT, any building technical . He reviewed it for me first. He inspects my house with me when we visit the sites. He is really good So I have read the relevant sections of this report, and what worries me the most are the rectification works which are needed to that steel beam. Frame overhangs are not… 8 31265 I ended up refusing him to pay to fix HIS mistake. I paid money to fix just one ceiling, that too was overpriced but had no choice I shared my build story on another… 2 23532 5 21816 |