Browse Forums Building A New House 1 Feb 04, 2009 10:41 pm Hi All
So we have custom designed a place with Wincrest, paid a 3k deposit and are awaiting council approval. After much thought we have decided that even if the administrator says go ahead we are going to ditch Wincrest and probably go to a private builder. So here are my questions: 1. Can anyone recommend an honest/competent/reasonably priced builder who will build in the Sutherland Shire? Spec homes are no good because we have a block which slopes right to left with a 3m fall (we have designed a tri-level home). 2. IF the DA is pulled now and we modify the plans with the help of an architect (to avoid copyright problems) will council charge us a bomb for the first DA and the second DA? Or 3. Do we let the DA get approved and then try and modify the plans and submit a variation of the DA to council? would that cost less/be quicker? And does anyone know what a "variation" to a DA is? eg, you can only make internal modifications? Can't believe that we are seriously looking at going back to the drawing board but so be it!! Thanks all! L Re: Advice - starting again after Wincrest? 2Feb 05, 2009 6:32 am Loretta, we have friends using a local builder who is doing a major extension on their house. Will hava a talk to them to see if they're happy with this guy & maybe get the contacts of the other quotes also. Built the Eden Brae Cambridge 34 Family with Boston Corner Facade Re: Advice - starting again after Wincrest? 3Feb 05, 2009 7:53 am Hi Loretta
We are in the same position as you so are also interested in the replies you receive. We too are tossing up whether to continue and at the moment, are seriously considering Owner/Building.....we have done it before but with two small children were hoping to avoid this Re: Advice - starting again after Wincrest? 6Feb 05, 2009 6:49 pm Loretta,
Was the initial custom design one that you have drawn up by your architect or does it belong to Wincrest? If it belongs to Wincrest, you are better off withdrawing from council and start again. We did the same with Beechwood. We were adviced by one of the council person to withdraw, get some of the application money back (instead of cancellation- get no money back). I think if you know what design you like it may be cheaper to get a draftsman? Good Luck. Re: Advice - starting again after Wincrest? 7Feb 05, 2009 8:46 pm Right now is a good time to negotiate with Wincrest. They have your deposit with little chance that the home will be built - so they owe you.
I would write a letter to the administrator and ask for permission to take your plan to another builder. Under normal circumstances they would not do that but in this case, you have invested money already and the administrator and Wincrest have nothing to lose by your taking it elsewhere. It is possible if Wincrest ceases to trade, that the plans may be sold to another builder, but while they are in Wincrest's and the administrator's jurisdiction, by giving you permission it will not devalue their asset. Give it a go... Ed "ECOECO" At 'EcoEco', we design windows, we design the best windows, we do it for you, so that when you’re happy we are happy. Tel. 1800 326 326 Re: Advice - starting again after Wincrest? 8Feb 06, 2009 8:35 am I think the council application fees would have taken the bulk of the 3k. I agree with Ed, you can always ask and see what they say. Re: Advice - starting again after Wincrest? 9Feb 06, 2009 8:51 am Hi Loretta
I'm just wondering if it's worth your while to get some legal advice, considering how much money has already been invested. There are some solicitors who will give you a free 1 hour consultation so it may be worth trying to find one. I understand what eco classic is saying about the plans being sold to another builder, but with custom plans they have been designed for you and can't be used by anyone else. We had a custom plan and the builder told us no one else can use those plans. I would think you have a legal right to those plans if Wincrest ceases trading because you have paid for the plans, not sure how they could then be sold to another builder. Do you know how close Council is to issuing the permit, because I would think if the permit is issued that would give you a stronger case. If the permit is issued and Wincrest become insolvent, that is all carried over to the new builder so you don't have to go through the process again. Re: Advice - starting again after Wincrest? 10Feb 15, 2009 10:44 pm Hi All
Sorry for the delay in my reply! Ok - we have pretty much decided to boycott all project builders and either go private builder or even owner build. Thanks for all the advice. We have decided to withdrawn the DA and start again although hopefully we can use our current plans as a template. And yes Sammy, much better $$ wise to withdraw the DA rather than cancel. So we will be negotiating with Wincrest/the Administrator this week to see if we can get the copyright but I am not holding my breath. We have adjusted the plans quite a bit anyway and now we are going to start getting quotes from private builders. If they are way too much we will probably go OB. Any other recs for private builders in the Shire area would be great. Also good draftie or architect recs would be appreciated. Thanks all!!! L Re: Advice - starting again after Wincrest? 11Feb 16, 2009 5:41 am photogirl Hi Loretta I'm just wondering if it's worth your while to get some legal advice, considering how much money has already been invested. There are some solicitors who will give you a free 1 hour consultation so it may be worth trying to find one. I understand what eco classic is saying about the plans being sold to another builder, but with custom plans they have been designed for you and can't be used by anyone else. We had a custom plan and the builder told us no one else can use those plans. I would think you have a legal right to those plans if Wincrest ceases trading because you have paid for the plans, not sure how they could then be sold to another builder. Do you know how close Council is to issuing the permit, because I would think if the permit is issued that would give you a stronger case. If the permit is issued and Wincrest become insolvent, that is all carried over to the new builder so you don't have to go through the process again. Unfortunately, as I understand it and unless you have an agreement to the contrary, if your builder designs something for you to your specifications then the copyright belongs to him. To all you guys wanting to use the Wincrest plans, I would be tactful but tough in dealing with the administrator, try to get him on your side with logical argument. He has nothing to lose by letting you guys use the plans, it's the fair and ethical thing to do. But he may only bother if you show him you mean business. Ask him "What have you got to lose?" Good luck... Ed "ECOECO" At 'EcoEco', we design windows, we design the best windows, we do it for you, so that when you’re happy we are happy. Tel. 1800 326 326 Versaloc is a mortarless besser block system that still needs a properly engineered footing. If you just do a 400x200 footing it will fail in time. At 17m long you need it… 1 18227 We were lucky in that our old house was so small (86 square metres) compared to the new house, they were able to take enough readings around the old backyard house before… 8 37160 |