Browse Forums Building A New House 1 Mar 02, 2009 12:50 am I'm a first time builder & home buyer and want to know if anyone has heard of this? My partner & I approached a building company and at first everything seemed ok. The sales guy was able to find a suitable design for our block and give us a complete package (incl changes & extras we wanted, ie, flyscreens, blinds, stonebenches, flooring, pergola, driveway, fencing, etc) at a fixed price which seemed quite reasonable. However, when we received the tender and asked for the building contract so we could get it reviewed by our solicitor, we were told that we could not get the contract unless we signed the tender and pay a $6K non-refundable deposit! Although we insisted that we see the contract first, the sales guy FLATLY refused!! I became increasingly suspicious as to why he didnt want us to see the contract, so I scanned the tender and emailed it to my solicitor! After reviewing it, my solicitor informed me that ALOT of the content in the tender is what normally should be in the building contract, NOT in the tender! Having worked in property law for the past 25yrs, he informed me that this is NOT normal practice and that we should not be paying or signing ANYTHING until we get the building contract. He also warned that what had bn included in the tender, could possibly form part of the contract. Anyway a few days later the sales guy decides that he would give us the contract, but by that time I was already over it, so we didnt accept the tender! The only thing that was really frustrating about all this was the time & energy we wasted with him... and he had the audacity to say we were wasting his time!! But at least we didn't get ripped off by him, so i guess we got the last laugh!! So ALL first home buyers/builders be warned of ******* builders/companies and DO NOT sign ANYTHING until u get it checked by your solicitor. Re: Refused building contract,until tender signed & deposit 2Mar 02, 2009 10:30 am gsm - did your solicitor state what should be in the tender?
My understanding is that the tender is all of your specifications for the build. The only thing that is different in the contract is the HIA/Master Builders standard contract stuff - site access, payment schedules, OH&S etc etc My contract contains my tender plus these extras. I had mine reviewed by a solicitor friend and he said that both the tender and full contract were fine. Which builder? After 4 years - we're in! Re: Refused building contract,until tender signed & deposit 3Mar 02, 2009 10:55 am I thought standard practice was to sign the tender, put down a deposit and then sign the contract? Altho, i havent gotten to that stage yet. Re: Refused building contract,until tender signed & deposit 4Mar 02, 2009 11:01 am For Wisdom Homes
$600 for soil/contours Then after signing tender - $2400 Then when signing contact - remainder to make up 5% of total cost After 4 years - we're in! Re: Refused building contract,until tender signed & deposit 6Mar 02, 2009 11:52 am It's all about extracting little bits of meny along the way so you feel compelled to continue with the builder.
To me, anything you pay for before the contract must be owned by you and be able to be used with another builder. Demolition August 2009, Construction Started September 2009, Completed December 2010 Re: Refused building contract,until tender signed & deposit 7Mar 02, 2009 12:56 pm gsm..I don't think the building contract is prepared in full until some 8 to 10 weeks into the process... my builder advised that they used the Standard HIA contract but included special conditions re my block and circumstances when more information came available.. apparently final varies need to be done/plans/soil test/wind assessment for frame type/colour selections/Basix/water authority investigation etc etc before a contract is formulated. The builders are reluctant to issue an incomplete contract at the tendering stage... my experience and we have built 4 times is to get the tender right, fall in love with the design check the integrity of the builder and move forward...builders today don't have the need or the capacity to catch people out with ******* contracts...have some trust and enjoy the process. Life is an enjoyment, enjoy it of course there are legal avenues. You've already mentioned it. Sue them. I find it odd that lawyers wouldnt be willing to take on the case, given CCT evidence and… 1 23765 You talk about deletions, are they variations or PS and PC adjustments? pleas list them 1 16557 Hey. Head to a metal and decide on which profile you will use first. Profiles with larger corrugations can greatly change the appearance of the color in different… 0 3384 |