Browse Forums Building A New House 1 Mar 29, 2009 7:36 am We are almost complete building a house which was based heavily on a display home. We walked through the display home, changed a few things, and paid to include most of the extras that the display home had installed, over and above the standard building. At the end of that process I asked the builder's salesperson if I was then safe to assume that everything I saw in the display home that hadn't been specifically mentioned as on optional upgrade, would be included in our house...they said yes that was correct. So we signed the contract. An issue has arisen where a fairly critical building component has been installed that we are not happy with, and is contrary to the display home. The finishes schedule, the drawings and the contract is silent on this issue, and the builder just says that the way they have installed this component is "standard". To me this is a fairly black and white obligation...no different to being taken for test drive in a car and then believing that you'll be delivered with the exact same type of car when you pay for it. The contract cannot include every detail...and so surely it must fall back onto some reasonable expectation on quality and finish that a customer has observed at the builder's display home? At least...this is what I am hoping that arbitration or the BSA might say if this matter is not resolved by the builder... Has anybody had success with holding the builder to some responsibility for providing a product that matches the display home? Re: Building the Display Home 2Mar 29, 2009 10:41 am hey there you say it is "black and white" - but what is it? Annie A thankful person is a happy person. [/color]My hobby design blog: http://aviewondesign.blogspot.com/ Re: Building the Display Home 4Mar 29, 2009 11:46 am OK...fair comment. I didn't want to get into specifics in case the builder by some chance could read this site and blow holes in my arguments...but I'll take the chance. The issue is timber floorboards versus skirtings. Display home has timber floor and a single neat skirting running around the perimeter, and the flooring disappears under this...looks great. However as per usual volume builder project home sequencing...the floorboards were forgotten about until the end, and by that stage the walls, plastering and skirtings were all installed and painted. A 20mm gap WAS left between the concrete and the underside of skirtings, and it was my (incorrect) assumption that this was to allow for the timber flooring to tuck in neatly underneath. Flooring was then installed with gaps at the skirting line, and the floor contractors were commencing installation of timber quad trims at the perimeter to conceal this gap, until I told them to stop. Builder and the flooring supplier have both claimed this timber quad is "standard" practice...however I have photos of the display home and also brochure from the supplier which has photos of floors both with and without the quad trim. My argument is that if I have paid for the products and materials that were in the display home, that I have a reasonable expectation that my home will be built with the same quality and workmanship as the display home...not built with shortcuts and cheap solutions. The suggested compromise to the problems was that rather than pull up the floor, remove the skirtings and reinstall the floor under the skirting line...that the floor stays as is, and the builder replace the current skirting with a wider (18mm) skirting that will conceal the gap. This won't be as nice as it should be, but I am happy to accept this. But there is nothing in the contract documents on this issue, and my thinking is that I will have to defect this item and then argue about rectification through to BSA if necessary. But in the meantime my floor is not finished and my furniture is sitting in the garage. I would maybe try and get the work done by someone else and then claim costs as a debt due under the contract (there is provision in the contract for this, but only if the contract is terminated and then am I stuck with a terminated contract and no warranties...?). But the main thrust of the argument is what chance (either on moral or legal grounds) is the builder likely to accept an obligation to construct my house to the same level of quality and workmanship as the display house...? Re: Building the Display Home 5Mar 29, 2009 12:22 pm first of all, I'd love to see pics to really understand the finished result difference. moving on, if I purchased a home on spec (as displayed) including the floors, then that's what I would expect to get. If I were to be given something slightly different (because that's just how they do it!!!) then I would expect to be advised of this fact prior to signing. Anything else is misleading, and apparently, as you have shown, a potential cause for conflict later. I liked your comparison to taking a car for a test drive and then them selling something slightly different (eg. a long pure wool cover seat - and then you get a short pure wool seat) = is this really what you signed for? the answer is no. Furthermore, I'm assuming they could have done it as displayed, is that right? They chose not to. Therefore, they are liable to remedy it. IT is not as if they can no longer get a particular timber that you want. They just chose to get you what they wanted. PS: And let's face it, this is just another stuff up by a big builder who does not pay attention to details as we the purchasers do.! Offer you builder payment in somalian dollars, and ask him if he'd be happy with that - as a fair trade! (not picking on somalian's!!!) just their currency! Annie A thankful person is a happy person. [/color]My hobby design blog: http://aviewondesign.blogspot.com/ Re: Building the Display Home 6Mar 29, 2009 1:23 pm Lone Gunman The suggested compromise to the problems was that rather than pull up the floor, remove the skirtings and reinstall the floor under the skirting line...that the floor stays as is, and the builder replace the current skirting with a wider (18mm) skirting that will conceal the gap. This won't be as nice as it should be, but I am happy to accept this. Who's suggestion is this.. yours or the builders? and have they agreed to do it? Blog: http://bluemistkids.blogspot.com "Never be afraid to try something new. Remember, amateurs built the ark, and professionals built the Titanic." Re: Building the Display Home 7Mar 29, 2009 2:13 pm Hi Lone Gunman I checked our contract and what was written under standard inclusion. The only thing written is 67mm x 18mm architraves and skirting. There is nothing anywhere in the contract as to how that is finished. So for me I would think that it would be fair to think it would be finished the same as the display home. I'll give you an example, we have a blade at the front of our house. We were not given any details on how the bricks would be done as it is something you would think would be the same as displayed, so when done there was a difference between ours and the display home. It was agreed by the builder to change it because it was fair to expect that it would have been the same as the display home. Same as the sills on our windows, they didn't do them the same as the display home, so they changed them when we pointed it out. To me an upgrade is something such as a niche, bulkheads, glass splashbacks, floorboards instead of tiles, feature walls etc., not how they have their floorboards meet the skirting boards. i think if the way they finish their floorboards is an upgrade then they should have made you aware of this and detailed it in their standard inclusions section of the contract. As for the fix, even if you do decide to go with the different skirtings, you should still be able to negotiate something else you might want as compensation for changing the look. I think not having to pull the floorboards up would be costing the builder a lot less than replacing the skirtings. Plus the look has been changed and to me that's a big thing. Hope you have some luck with this. Re: Building the Display Home 8Mar 29, 2009 6:24 pm Thanks for the clarification. If you can get some pictures up that would be great but if I am understanding it correctly then you are well and truly entitled for the work to be redone. I know it is hard when you are ready to start using the room but unless I was totally comfortable with the remedy (ie. the higher skirts) that has been proposed, I would be looking for it be totally redone. But before I went ballastic at the guy I would chase up informal comment from the relevant authority in your state just to make sure that you have a good case to go to the builder with. Good luck and let us know what eventuates. Re: Building the Display Home 9Mar 29, 2009 6:37 pm Thanks for the feedback...nice to know I'm not being unreasonable if your replies are anything to go by. I'll call the BSA first thing Monday and get some advice. I'll also ring another builder I know to get a rough idea of the price per metre to remove and re-install the skirting. I'm sure we're only talking a few hundred dollars...its four bedrooms and a hallway (not the whole house), and skirting is less than $4 per metre (and that's retail from Bunnings, not at builder's rates). Will let you know how I go...stay tuned. Re: Building the Display Home 10Apr 24, 2009 9:41 am The builder has agreed to rectify this problem. Here's why: QLD building contracts for domestic work must comply with the Domestic Building Contracts Act 2000. Section 89 of this Act specifically deals with display homes, and requires a building contractor to carry out construction to at least the same standards of work quality as the display home, if you are building the same house or a house which is based on the display home. Excerpt follows: 89 Construction of home based on display home (1) This section applies if— (a) a display home is made available for inspection by or for a building contractor; and (b) a building owner enters into a regulated contract with the building contractor for the construction of a similar home (the contract home). (2) In constructing the contract home, the building contractor must— (a) carry out the construction in accordance with the same plans and specifications as were used for the construction of the display home; and (b) carry out the construction to at least the same standards of work quality as the display home; and (c) use materials that are at least the same quality as the materials used in the construction of the display home. Maximum penalty—100 penalty units. (3) Subsection (2) does not apply to a building contractor to the extent the contract— (a) provides for the construction of the contract home to differ from the display home; and (b) specifically identifies the differences. There you go. The law protects you and requires the builder to match what you see at the display home in terms of materials and finish, etc, unless it is specifically identified as being excluded from your contract. We already paid for somfy motors for the blinds. The quote above was purely for “pre-wiring” so the blinds company can install the motors and blinds. That’s why we… 5 16275 go upvc window frames ensure insulation under colorbond. not just sarking, lighter color roof also not sure if you have seen this viewtopic.php?t=5823 last couple of pages… 4 110570 |