Browse Forums Building A New House 1 Jun 04, 2009 11:57 pm OK..... Hubby and i have clearly been having major blonde days whenever were at the house! However today i had to meet with the tiler. So arrived on time... and suprise, suprise was left waiting! So sat in our driveway looking at our soon to be new home! I discovered that our house dosen't acutually have eaves! YET...... Contract states and i quote.... "Building Contract Item 4.3 - Provide overall 450mm eave over hang to house in lieu of standard" We are handing over on the 20th July.... is it too late to do anything??? What should we do??? Thanks in advance for any info... very much appreciated! Love Kirby xoxo Texas Aston Joe became our world on the 20th December 2007 Pregnant again this time Due on Xmas Day..... We must have a thing with December! Glenn and I are building our dream home..... http://lifeastherichmonddavisclan.blogspot.com/ Re: House different to contract..... soon to handover???? HELP! 2Jun 05, 2009 12:11 am Here are photo's of the house.... as you can see there are no eaves.... Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ http://i193.photobucket.com/albums/z90/kirbstar23/mothersdayweekend036.jpg Love Kirby xoxo Texas Aston Joe became our world on the 20th December 2007 Pregnant again this time Due on Xmas Day..... We must have a thing with December! Glenn and I are building our dream home..... http://lifeastherichmonddavisclan.blogspot.com/ Re: House different to contract..... soon to handover???? HELP! 3Jun 05, 2009 12:19 am I think the house looks pretty nice regardless. That said, if you've paid for eaves and it is in the contracts, then they screwed up! If it is too late to change, surely they must compensate you! Franco Re: House different to contract..... soon to handover???? HELP! 4Jun 05, 2009 12:30 am how could you miss that? Were the eaves in the drawings? I don't think it would be an easy task to put the eaves now... You do have eaves in the facade, don't you? Building a Wisdom Prosperity 23 - http://erwisdomprosperity.blogspot.com/ Re: House different to contract..... soon to handover???? HELP! 5Jun 05, 2009 8:43 am it does kinda have eaves in some places. I would check the drawings and if they clearly show eaves then you should have eaves. Good luck with it Villina with Trend facade Sydney Re: House different to contract..... soon to handover???? HELP! 7Jun 05, 2009 10:18 am Your portico / facade looks like it has eaves just not on the side of your house. How ever if you've paid fort eaves all around your house and your contract drawings reflect this, then expect HUGE compensation your way. To add in eaves now I would imagine they would have to rip up the tiles and roof part of the frame and also re-do ceiling insulation and any plastering that's taken place. To miss the eaves would be a major stuff up on the builders behalf. ---------------------------------------- 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: House different to contract..... soon to handover???? HELP! 9Jun 05, 2009 10:26 am "Building Contract Item 4.3 - Provide overall 450mm eave over hang to house in lieu of standard" If that statement isn't qualified in any way, then yes, you should have eaves all round, not just on the facade (if the garage wall is on the boundary, you won't have eaves there, obviously). You need to contact your builder PRONTO. They could add the eaves in theory, and by rights you're entitled to them, but it would cause major delays. The roof trusses would have to be replaced, and that's not a small job... If you're happy to put up with the delay, you could stick to your guns and demand what's in your contract. Otherwise, compensation is your only recourse. If you can get them to re-do everything and add the eaves, you'd also be entitled to compensation under your contract for the delays..... You might want to get some legal advice.... See what the builder offers first, maybe? Re: House different to contract..... soon to handover???? HELP! 10Jun 05, 2009 10:40 am What's on the drawings? The wording is interesting. It says "Provide overall 450mm eave overhang to house in lieu of standard." Quite often a contract will simply state "Provide (state size) eaves". I think you need to refer to your drawings and see what is on there. And find out what takes precedent with your builder.... drawings or wording?? As Casa said, this is an interesting one. But if your drawings only show eaves where they have put them and it has taken this long for you to say something, I don't like your chances. If it gets into court... I'd imagine they'd be arguing "what a reasonable person" would assume, do, etc, etc. And they'd say a "reasonable person" would have looked at their drawings and noticed something was up during the build if it was not what was intended. They'd argue that the overhang only applied to the areas provided and you signed off on those drawings and watched the house being built that way without complaint so you therefor must have understood. That will be how they'll argue it and the timeframe definitely doesn't work in your favour. ** I'm not saying you are not reasonable, but that is the terminology they'll use re the contract drawings and the house. That is from my limited understanding of contract law and how this would play out, I'm sure others have a much better understanding and can offer a better insight. BUT if your drawings show eaves the whole way around.... that is a bit of a different story. I leave you to fend for yourself, figure things out yourself. Terrence Malick Re: House different to contract..... soon to handover???? HELP! 11Jun 05, 2009 10:47 am Yep checking against your plans should be the first point of call. They clearly draw in eaves so you would be able to compare to the actual build. If they aren't exactly how the plans show then back to the builder for some serious discussions. "Building Contract Item 4.3 - Provide overall 450mm eave over hang to house in lieu of standard" This doesn't state what the standard is - standard could just be on one side / two sides / all sides of the house. So whatever side the eaves are on their standards they are meant to have now been increased to 450mm - doesn't actually state "450mm eaves to all sides of home". Some things are worth waiting for. Re: House different to contract..... soon to handover???? HELP! 12Jun 05, 2009 10:49 am TimmyDunlop To add in eaves now I would imagine they would have to rip up the tiles and roof part of the frame and also re-do ceiling insulation and any plastering that's taken place. They maybe able to just "extend" the roof truss by bolting another piece of timber onto it......depending on load values & all that. Still a bit off work.....an more tiles needed. This is what they did to fix our place when a tree came down & took out the eave section of 3 trusses. I'd be pretty confident that the contract drawings will have no eaves........builder would be even worse to build with no eaves off a plan with eaves. Re: House different to contract..... soon to handover???? HELP! 13Jun 05, 2009 11:04 am joles I think you need to refer to your drawings and see what is on there. And find out what takes precedent with your builder.... drawings or wording?? Jo's right... I seem to remember that our contract stated (somewhere) that where there was a discrepancy between the drawings and the written contract, the builder had to contact the owners within x days and get our instructions in writing on which way to go. I think it also said that where measurements differed between drawings and written details in the tender, the tender took precedence. You may need to get some expert advice on your contract and how it applies to your situation. Re: House different to contract..... soon to handover???? HELP! 14Jun 05, 2009 11:05 am just had a look at your blog, the pics really small so hard to tell but it looks like the drawing has eaves to all of the house except the boundry side of the garage... seems like you should have eaves! good luck with what ever you decide to do! Re: House different to contract..... soon to handover???? HELP! 15Jun 05, 2009 11:14 am This would be an easy mistake for the builder to make. He sent an order out for trusses for a "so and so" house type. They arrive and get installed and tilers complete the roof. Totally missing the point that this particular house needed special attention. No idea what you contractual position is as I can't see what you ordered or what the documentation says but morally if you ordered eaves, that's what you should get... or compensation in lieu. The eaves may have been a requirement for your energy rating, in which case your home won't meet the requirements. Check that your energy rating doesn't demand eaves. The alternative would be more double glazing. Ed "ECOECO" At 'EcoEco', we design windows, we design the best windows, we do it for you, so that when you’re happy we are happy. Tel. 1800 326 326 Re: House different to contract..... soon to handover???? HELP! 16Jun 05, 2009 1:16 pm OMG..... What a drama! Thank you to everyone that replied! Really appreciate it! Well, 1stly it get complicated as we brought the house off the plans through delfin reality..... so we didn't request anything if you get me! It comes as it comes! Yesterday was the 1st time i have been allowed to officialy onsite, as i was meeting the tilers to discuss them! So hope that answers your questions as to why we just havn't noticed before now. We have been doing visits weekly, but only breif to make sure it was still on track for our 20th July handover. And yes.... house is in Harrison View.... and ALL HOUSES MUST HAVE EAVES as part of their rules. So some major mistakes were made! Bloody <edited: probably best not to mention a name here > at laurima has insisted that eaves get put on in the last few weeks of the build! Like hello stupid woman they are part of the roof line! But what would i know! I am getting our sloicitor on to the case...... as having a few issues with tiles too! So hope he can figure it all out! Can't be bothered with air head <edited: probably best not to mention a name here >! Somebody else can deal with her! We have had so many problems with the developer (vendor) we brought the house off. He is just so incredibly lazy and dosen't care much for contacts! I mean only yesterday i found out that our house is actually going to have feature tiles in the bathroom and ensuite! I didin't even know about it! And only reason i found out was cause the tiler gave me a copy of his instructions from the developer. So if i really wanted to get narky..... and could refuse to settle as the bathrooms arn't as shown on my plans in our contract! It's getting rediclous! Gee's sorry for the big vent! Just driving me nuts! Love Kirby xoxo Texas Aston Joe became our world on the 20th December 2007 Pregnant again this time Due on Xmas Day..... We must have a thing with December! Glenn and I are building our dream home..... http://lifeastherichmonddavisclan.blogspot.com/ Re: House different to contract..... soon to handover???? HELP! 17Jun 05, 2009 1:24 pm Here are the drawings.... there is defiantly meant to be eaves, even if it's just to the right hand side. http://i193.photobucket.com/albums/z90/kirbstar23/house006.jpg Love Kirby xoxo Texas Aston Joe became our world on the 20th December 2007 Pregnant again this time Due on Xmas Day..... We must have a thing with December! Glenn and I are building our dream home..... http://lifeastherichmonddavisclan.blogspot.com/ Re: House different to contract..... soon to handover???? HELP! 18Jun 05, 2009 1:26 pm Aww Kirby, Mate that sux! The good news is how much money will be coming your way The bad news is the fight you will have on your hands to get it! I look forward to seeing how professionally your builder handles this with you. Chin up! Matt (it was me who edited your post too...may not work in your favour to specifically mention that persons name if you require any assistance in the future from that person/company) Re: House different to contract..... soon to handover???? HELP! 19Jun 05, 2009 1:27 pm Sorry for putting names in there Matt! I was off on a tangent and totally forgot! Love Kirby xoxo Texas Aston Joe became our world on the 20th December 2007 Pregnant again this time Due on Xmas Day..... We must have a thing with December! Glenn and I are building our dream home..... http://lifeastherichmonddavisclan.blogspot.com/ Re: House different to contract..... soon to handover???? HELP! 20Jun 05, 2009 1:30 pm No probs! (see my explanation in the previous post) Now the drawing you have there shows the house with no eaves. The overhang is only the width of a gutter not the 450mm as mentioned on the flat side....which way does that face? There is a definate error there https://form.jotform.com/240284569218058 Please spare a moment to fill out this survey form for a project. You stand a chance to win a digital gift voucher. Legitimate… 0 1059 You talk about deletions, are they variations or PS and PC adjustments? pleas list them 1 12047 yep you need a joint, foam is easiest, will look fine once rendered with a joint. 2 4350 |