Browse Forums Building A New House 1 Nov 30, 2008 11:41 am I have just recently learned that the 0.6m timber retaining wall drawn on my plans was not itemised in my contract, therefore the builder may require me to pay extra for it.
This came as a surprise to me, because being a first time builder I assumed that what was on the plans was what I was getting. I suppose I thought it was in the contract somewhere, either under earthwork allowance or fencing or in the base price. As an added factor, I bought the house and land separately under a developer/builder "fixed price" promo that stated that all land, site and retaining costs were included. I didn't think retaining was something I had to worry about. As I look at the relevant Annexure now you'd have to wonder if it was drafted with enough grey areas to be meaningless. Anyway, I suspect the builder knows it was their error in leaving it out of the contract and may offer to do the work at cost, but my question is - has anyone else found themselves in a similar situation, and how did you handle it? Visit my blog: http://www.jeanetez.blogspot.com/ Re: Item drawn on plan but not in contract 2Nov 30, 2008 2:15 pm Jeanete, If its not in your contract and you haven't paid for it or even if you don't have to pay but its not written for any trade to build then it won't be included. Retaining needs to be stipulated by either the developer or the builder and you have to agree to it somewhere.
Hopefully they hahve just made a mistake but I would bring it up with them before it becomes an issue. Re: Item drawn on plan but not in contract 3Nov 30, 2008 4:16 pm gweluphome Jeanete, If its not in your contract and you haven't paid for it or even if you don't have to pay but its not written for any trade to build then it won't be included. Retaining needs to be stipulated by either the developer or the builder and you have to agree to it somewhere. Hopefully they hahve just made a mistake but I would bring it up with them before it becomes an issue. The matter has come up because of the dramas re the fence on the other side (see Fencing Arrogance). I spoke to the builder about all the fences and that is when it was pointed out that the retaining wall wasn't in the contract. We have yet to have the discussion about cost. The plan clearly states "sleeper retaining wall 0.6m (max) height approx 29.8 lineal metres approx 16 sq face metres by builder". So I am just wondering if this is something that happens a lot (that something is in the plans but not in the contract), and how it is generally handled. Visit my blog: http://www.jeanetez.blogspot.com/ Re: Item drawn on plan but not in contract 4Dec 01, 2008 9:29 am hey there,
You will find that the contract states that the plans are part of the contract and if the builder and you signed the plans then whats ever is on it is deemed to be contracted. However, if its a genuine mistake by the builder and the price doesn't change more than 15% the builder has the right to put in a variation and increase the cost. cheers and good luck. Smeags ---->Some say that a recession is when your neighbour loses his/her job while a depression is when you lose yours!<----- Re: Item drawn on plan but not in contract 5Dec 01, 2008 9:53 am Hi
If it is in the drawing and not in contract I would definitely bring it up - I would interpret that that is not included in the building cost. Also have you checked your contract for order of precedence of documents The order for us is Contract and Appendix Specification Plans So even if it is included in plans and not in contract then it is not costed at all. Regards beegee 1) I had requested R6 ceiling insualtion batts, however I noticed that on some areas there are huge gaps which will allow hot air to sweep in, and also noticed black/grey… 0 3597 My door tends to rub against the frame during winter and I'm looking to fix it so it closes smoothly. Looking online on Youtube I'm seeing methods to fix the alignment and… 0 693 You talk about deletions, are they variations or PS and PC adjustments? pleas list them 1 16557 |