Browse Forums Building A New House 1 Jun 01, 2009 11:23 am Hi, I am building a new home in Brisbane. There were 3 variations filed on the contract. The one in question was filed before the construction started and concerned the type of laminate on a ensuite bench top and direction of the handles on the kitchen cupboards. The house is now eight weeks away and we just noticed that the variations were not implemented. I have brought this to the notice of the concerned CSO and was told that they will fix the ensuite bench top but will not fix the handles on the cabinet. The reason given is that it would be very expensive to change the cupboard doors and that variations are not binding and they need not be done. I understand that the direction of the handles is a minor thing in the grand scheme of things, but considering that I am paying over 350K to them for the building, I am entitled to get a bit finicky with the end result. I have been inside the house just once lately and found that atleast three things (yes one more original contract item) were wrong. God knows what else will be found after handover. Can someone tell me if the variations on the standard HIA New Home contract are legally binding? Can I force them to fix it or get *something" else in return? Credit somewhere else? Re: Contract Variations 3Jun 01, 2009 1:02 pm It was signed by both parties and the CSO admits getting it back and filing it with the estimations department. The fact that they are going to hide behind the Errors & Ommisions clause in the contract plus their claim that variations are not contractually binding is a concern. Re: Contract Variations 5Jun 01, 2009 1:12 pm Copy of the contract? Yes, I did but it has been misplaced in all the packing. The HIA website does not hand out copies for free and as it was a standard QLD HIA contract, I thought I ask if someone had a copy handy to clear my query. Re: Contract Variations 6Jun 01, 2009 1:20 pm Is the HIA standard contract the same Aus wide? If so, pm me your email address '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: Contract Variations 7Jun 01, 2009 5:05 pm Casa2 I take it you didn't get a copy. Sorry, not clear enough. Did you get a copy of the variation (signed by both parties). Demolition August 2009, Construction Started September 2009, Completed December 2010 Re: Contract Variations 8Jun 01, 2009 7:39 pm yes, i have a copy of the variation signed by both parties. Re: Contract Variations 9Jun 02, 2009 1:08 am geekonline yes, i have a copy of the variation signed by both parties. Yes the handles must be put in as sign by you and your builder. Signing those variations is a legal binding / agreement between you and the builder and must be honored. If you bought a brand new car that was red and you wanted blue. Would you accept it because it's too expensive to get you a blue car. Same car, same everything but looks different. Now multiply it because your house is worth 350k+ where as a car is about 20k. Don't let them screw you around because they're too lazy to fix there own stuffups ---------------------------------------- Building the PD Lisbon 24 http://www.porterdavis.com.au/#homeviewer/lisbon/24 Blog of our progress. http://lisbon24.blogspot.com/ Homeone build thread https://forum.homeone.com.au/viewtopic.php?f=31&t=28665 Re: Contract Variations 10Jun 02, 2009 1:19 am geekonline The house is now eight weeks away and we just noticed that the variations were not implemented. I have brought this to the notice of the concerned CSO and was told that they will fix the ensuite bench top but will not fix the handles on the cabinet. The reason given is that it would be very expensive to change the cupboard doors and that variations are not binding and they need not be done. geekonline, Good to hear that you have a copy of the signed variation. You're all OK now and the builder will have to comply to the varition. Isn't it amazong what the CSO will try "variations are not binding" yeah and the sky is green Sit back and relax. If you have copies of variations signed by the builder, indicating their acceptance, then builder must do it. Cheers, Casa Demolition August 2009, Construction Started September 2009, Completed December 2010 Re: Contract Variations 11Jun 02, 2009 3:01 pm As the others have said, a variation is binding. I have just finished working for a builder (having a baby in 1 week!!) and recently we had a variation done for a client to change to vinylwrap kitchen. Clients signed, I signed it, was forwarded to our estimating team and they never actioned it. In the end, client told us not to worry, but we were in the process of making it happen (the original kitchen was installed) as per variation. Re: Contract Variations 13Jun 02, 2009 5:11 pm iTalk lisanne Is the HIA standard contract the same Aus wide? If so, pm me your email address Lisa, if you have a soft copy of the contract, would you be able to email it to me please ? Cheers PM me your email address '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 It seems very clear to me that your contract states that a security account does NOT need to be established so the answer to the builder is NO. If in doubt find a contract… 1 8512 So AFAIk the outcomes of the BAL ratings form part of a clause that allows them to pass these costs on to you. However the more relevant detail is how did it go from 19… 1 9169 The fastest thing a builder will do is bank your cheque, those systems work perfectly with lightning speed, everything else is slow burn. Just the way it is. 1 8711 |