Browse Forums Building A New House 1 May 22, 2009 6:24 pm Hello All, Long time follower, first time poster. My Wife and I are Wincrest customers and are days away from practical completion. I have been doing my sums with regards to Liquidated Damages. After going through all my Delay and Extension letters, I find one letter that claims for two periods during the forced shutdown caused by the administration process. These totaled 12 working days, I was wondering if other Wincrest customers had received these extensions. I have already written to them that I do not accept these extensions. Kind Regards, James Re: Wincrest Homes Delays & Extension of Time Notification. 3May 23, 2009 7:06 am Hi Judie, I actually asked Wincrest to send me copies of all notification letters as I had a feeling I had lost some, and this particular one came through then, don't recall receiving it earlier but can't be sure that I didn't. The contract states that the can send them anytime before practical completion. I am getting close to 20 days liquidated damages now, and the 12 days they are trying to claim during the administration period takes a big chunk out of that. I will let you know how we end up getting on. Cheers, James Re: Wincrest Homes Delays & Extension of Time Notification. 5May 25, 2009 4:43 pm Hi there, I spoke to wincrest 2 weeks ago and only on my asking did they send me Rain Delays. According to them, the letters have been sent to me in the past. Surprisingly I have received all the progress claims, but none of these letters..hmmmm I have sent a note to them to confirm whether they are going to claim something like that from me. Not happy at all. Their communication seems to have taken a dip to reach an abyss. Moved in December 2015 Still scratching my head as to why is old a new house and bought a 30 year old one!! Re: Wincrest Homes Delays & Extension of Time Notification. 6May 25, 2009 6:04 pm Hello, My Contract states $45 per working day, which is a fraction of what Wincrest have cost me in delays. One thing you can be sure is that they will not be the ones to bring up Liquidated Damages, I implore everyone to be proactive and try to sort it all out before you pay that final cheque. Can you imagine how long it would take to get the money back off them???? I have been a passive Wincrest customer, but enough is enough. Fancy having the gall to claim delays and extensions of time during a period of Voluntary Administration. Cheers, James Re: Wincrest Homes Delays & Extension of Time Notification. 8May 25, 2009 9:57 pm Hi Peter, Contract term was 145 working days. Cheers, James Re: Wincrest Homes Delays & Extension of Time Notification. 9Jul 14, 2009 3:35 pm Hi All After reading this thread I emailed Wincrest this morning as to date we've only received one letter detailing delays or extensions which covered an additional 9 days. Strangely enough I've just received by email another FIVE letters which were apparently on our file totalling a futher 35 days of delays that have happened due to adverse weather or delays with supplies. Some of them date back 4-6 months! Far be it from me to suggest that Wincrest are adding days on because there are going to be way out of the 145 day contract period but like other people we haven't had any problem receiving all the invoices!!! Not impressed! I received a call from someone in Landcom recently gathering feedback on our experience with Wincrest so think I might mention this to him! Sam Re: Wincrest Homes Delays & Extension of Time Notification. 10Jul 14, 2009 8:20 pm would there not be a section in contract that states all extensions, delays etc to be notified in writing. ie; if you dont recieve them ie; by registered post etc as a form of proof for the builder the letters dont exist? should the builder not have proof of the letters being forwarded to the client either by post or email. if they cannot prove the client received them then the claim in regards to liquidated damages cannot be lawfully substantiated by the builder (maybe ) Da Vinci Outdoor Living Architectural landscaping http://www.davincioutdoor.com Re: Wincrest Homes Delays & Extension of Time Notification. 11Jul 23, 2009 11:26 am Wincr3st is trying to be a very smart cookie. Just as Sam above, I have had issues with them for sending the delayed notices. I did not receive any and then received a heap at once. Now when my house is almost complete and they are way above the allocated 145 days, I have just not received an email to state that they have a heap of letters waiting to be sent to me. So , now they reckon they have 55 days of delays with them, which would mean that they have fully covered themselves to exceed the time. I am shocked to see how these guys can get away with something like this. I will be getting intouch with HIA and office of Fair Trading today to understand how this practice is legal. Re: Wincrest Homes Delays & Extension of Time Notification. 12Jul 25, 2009 7:19 pm Hi guys, I'm 99% sure that delay notifications don't have to be served within a certain timeframe of them occuring. As long as they are notified prior to practical completion (P.C). (this means anything advised after P.C is not valid but double edged sword as liquidated damages calc's stop at P.C). You can see the situation where a builder rushes for P.C then slows works for handover. Any 'conditions' have to directly impact the work to be completed, this means that rain can't necessarily be claimed for the interior paintwork if you get my drift. Get their notices and then query them. If 'rain' is claimed you can try and get the records from your closest weather station to dispute. If the notices are past dated and you are sure you didn't recieve them, only thing you can do is ask for the signatory to provide a statutory declaration that it was sent as dated. Not alot for you but puts anyone signing a false stat dec at personal risk if it is proven **. This is some added pressure. Also expect claims of 'circumstances out of the companies control'. Voluntary administration isn't one of these situations. Also it's not acceptable to claim a delay due to a supplier not trading with you due to your questionable financial position either. The standard contract advises they can substitute if goods unavailable and they should enact this if they are having a problem to deliver the project as agreed. As far as calculating dates, contract date + 21 days (this 21 days is contestable but you'll have a legal battle and you would look to revert to the date soil was 1st turned). Sorry to hear about the hassles this close to handover, it should be a happy time given months of anticipation. All the best...... In fairness nobody gave a crap about the ACCC and the gag clauses continued in the pro forma templates of a few other builders after the ACCC took on Wisdom, and more… 19 73492 Just to makea point about this, an approach that some people have found sucessful in negotiating these rises down, Is to provide some workings to the builder, specifying… 4 81724 While i was across this behavior's pre appointing my (the builders) surveyor, I did tell the builder i was aware what they were doing and while i disagreed with it, they… 13 14601 |