We are at plaster stage of construction, but I have a query regarding our contract.
Our plans show a "rain garden" in the garden. This is a requirement of our land developer, that all blocks in our Stage have a rain garden to filter the storm water.
During our verbal discussions with the builder, it was stated that the builder would try to get the developer to pay for the rain garden (some $5,000), for some stuffing around we received at the time of purchasing our land. The builder said if they couldn't get the developer to pay for it, then they (the builder) would. ie: we didn't have to pay the $5,000.
We don't have anything from the builder in writing that mentions the rain garden, except for the written plans. We do have emails we sent them where amongst other changes, we ask that the rain garden be moved over as far to the south wall as possible...and we got a reply saying "please find attached revised specifications"...
Our contract document lists some exclusions including:
light fittings,
window furnishings
and
landscaping
The rain garden is not mentioned anywhere in the specifications.
I'm now wondering whether the builder can turn around and say that the rain garden is not included in the fixed price.
WDYT?