Browse Forums Building A New House Re: Liquidated damages below 250$ 2Apr 19, 2009 11:58 am mmm....donuts Homer Simpson 1956- Links: Site Costs Ready Reckoner | H1 Addiction Medical Advice | Château TDL: The Backyard Re: Liquidated damages below 250$ 3Apr 19, 2009 1:05 pm 'A bottle of wine contains more philosophy than all the books in the world.' Louis Pasteur Vegie garden: viewtopic.php?f=19&t=27637&start=0 My Backyard Adventure Re: Liquidated damages below 250$ 5Apr 19, 2009 3:48 pm I'm also building in Perth and I've heard from professionals here that liquidated damages should be about what you would pay in rent for it, but you have to negotiate it before signing your contract. Some won't budge much, some will. I haven't signed my contracts yet but would be very interested in any responses regarding this! My tac-home-ter: Been in 8 months! Re: Liquidated damages below 250$ 6Apr 19, 2009 5:27 pm The best option is to discuss liquidated damages amount before you pay any money. Make sure you have a few houses that you like and before proceeding, negotiate a suitable liquidated damages amount. It should be whatever your the house your building would rent for. Be prepared to move on if it's less. Demolition August 2009, Construction Started September 2009, Completed December 2010 Re: Liquidated damages below 250$ 7Apr 20, 2009 3:59 am Quote: Liquidated damages are an estimate of the financial "damage" to you of the house going overtime How do you get these damages paid? who do you request them from? after going thru our contracts with a fine tooth comb i have just found that it states they have 240 days from the latest approval date ( mind you that is being generous, as it was their mistake for not seeking approval for 4 months ) going by that its been 267 days, but all up from signing the contract to now it has been 417 days. every delay has been caused by their incompetance, almost sending us bankrupt having to pay 2 home loans. We are just lucky my parents have a big house, we've been here for 4 months now. Re: Liquidated damages below 250$ 8Apr 20, 2009 9:07 am ![]() Quote: Liquidated damages are an estimate of the financial "damage" to you of the house going overtime How do you get these damages paid? who do you request them from? after going thru our contracts with a fine tooth comb i have just found that it states they have 240 days from the latest approval date ( mind you that is being generous, as it was their mistake for not seeking approval for 4 months ) going by that its been 267 days, but all up from signing the contract to now it has been 417 days. every delay has been caused by their incompetance, almost sending us bankrupt having to pay 2 home loans. We are just lucky my parents have a big house, we've been here for 4 months now. Unfortunately they are a "pre-estimate" of the damages caused not a post-event calculation...our construction contract system, and this even covers reasonably significant commercial ones (several million $), are basically designed to avoid dragging cases through the courts system, therefore liquidated damages are put into a contract as an initial upfront estimate of the likely damage caused to you through delay. By making it upfront the court option is essentially taken away. Standard HIA building contracts have a liquidated damage clause and there will be an amount allocated in the schedule. Builders will always low ball them and make you think it is non-negotiable - everything is negotiable - it's a contract. But once signed you can't change them without being in breach. I empathise with regards to your financial situation but the liquidated damages should reflect the cost of rent etc...when I built several years ago I'd negotiated liquidated damages of about $400 per week (and it was an "agree or I walk" issue)...they went three weeks over and liquidated damages was rebated at handover from the final payment. mmm....donuts Homer Simpson 1956- Links: Site Costs Ready Reckoner | H1 Addiction Medical Advice | Château TDL: The Backyard Re: Liquidated damages below 250$ 9Apr 20, 2009 1:02 pm Quote: they went three weeks over and liquidated damages was rebated at handover from the final payment. we have already paid the final payment but still dont have a house. they told us we had to pay. We are paying rent just not to a real estate agent, but my parents. They said we'd have our house before christmas. Re: Liquidated damages below 250$ 10Apr 20, 2009 1:06 pm ![]() Quote: they went three weeks over and liquidated damages was rebated at handover from the final payment. we have already paid the final payment but still dont have a house. they told us we had to pay. We are paying rent just not to a real estate agent, but my parents. They said we'd have our house before christmas. You have paid for your house entirely??? And still don't have handover?? I'm not sure about the complete legalities.... but surely this is illegal in some way??? I would be talking to a lawyer ASAP.... this is the dodgiest thing I've ever heard of. ![]() ![]() I leave you to fend for yourself, figure things out yourself. Terrence Malick Re: Liquidated damages below 250$ 11Apr 20, 2009 1:14 pm ![]() After reading this forum now I understand that this is way below than the industry minimum std. in Victoria which is $250. The amount in many contracts in NSW is well below this - ours is a joke at $15 per working day. I believe our builder doesn't budge on this - although we weren't prepared to call their bluff and walk. Built the C£arend0n Cambridge: Moved in. Happy campers. Here's our story on HomeOne I might be old, but I have no trouble finishing my... er... Re: Liquidated damages below 250$ 12Apr 20, 2009 1:50 pm Quote: I would be talking to a lawyer ASAP.... this is the dodgiest thing I've ever heard of Yep thats them super dodge. They've done nothing but stuff up right from the start. We had to have extra added to our slab because they didn't get permission before starting to build. Our private inspector said if they haven't done it properly we could come home one day to find the front of house in the street. Re: Liquidated damages below 250$ 13Apr 20, 2009 9:31 pm ![]() Our private inspector said if they haven't done it properly we could come home one day to find the front of house in the street. You might end up enjoying the extra breeze through the house if it does happen. True 'open plan' living ![]() Seriously though, that's shocking. Did the building inspector say it's okay now, or could it still come down? My tac-home-ter: Been in 8 months! Re: Liquidated damages below 250$ 14Apr 21, 2009 12:42 am Quote: Seriously though, that's shocking. Did the building inspector say it's okay now, or could it still come down? The builder told us they would put horizontal struts or something thru the original to hold to add on but unless we pay to have the slab xrayed, we will never know if it was done properly. The inspector said if it was done with the horizontal bar things that it would be ok & highly unlikely, if not done properly that there was every possibility of it coming down. Re: Liquidated damages below 250$ 16Apr 21, 2009 1:30 am Quote: Do you have some sort of written evidence from the builder that it was done (properly) with these struts? It sounds like a nightmare! nope. contracts & paperwork mean absoultly nothing to these people. We are about to take legal action. Spoke to the bank today & they going to suck the payments back out of their account. Re: Liquidated damages below 250$ 18Apr 21, 2009 2:26 am Quote: Gosh, I really hope it comes good for you. Good luck with everything! oh im guided by a force much greater than luck... its called pure hatred. We'll definately be moving, just dunno if it will be into our house or a jail cell. At this point i dont really care which one. Re: Liquidated damages below 250$ 19Apr 21, 2009 11:57 am ![]() oh im guided by a force much greater than luck... its called pure hatred. We'll definately be moving, just dunno if it will be into our house or a jail cell. At this point i dont really care which one. Hopefully the same builder constructed the jail cell and you can just push the walls over to get out ![]() Then ask some of us forum users round with pitchforks and we'll sort 'em out! ![]() My tac-home-ter: Been in 8 months! Re: Liquidated damages below 250$ 20Apr 21, 2009 12:13 pm Quote: Hopefully the same builder constructed the jail cell and you can just push the walls over to get out Then ask some of us forum users round with pitchforks and we'll sort 'em out! hahahaha. Yeah we told them we wanted the general manager/ guy with his name on the building to bring us our keys when/if they ever get off their arse's and finish it. They were like he's a very busy man, we said yeah busy or just gutless? On the day liquidated damages kicked in, I texted my SS "Good morning and happy "Today liquidated damages begins today day!" We had a little over 3 weeks claim and no… 1 11789 Let me restate key points properly Without seeing the specific contract, we cannot make assumptions about wet weather provisions. These must… 4 8614 Check your contract, most building contracts already have allowance for inclement weather in the time for completion. 6 11916 ![]() |