Browse Forums Building A New House 1 Jul 04, 2009 11:01 pm I have been shocked to find variation payment invoices in my letter box for variations I had no idea about. Does this happen to anyone else. The first one was for over $1000 for a concrete upstand in the garage, even though I had fixed priced footings and the engineer drew and upstand from day one. The second I had a quote for $660 to install 3 phase power, they sent me that variation then a month later I get another variation for $830 for extras installing the 3 phase power including extra cabling, warning tape, stobie pole protection and cutting the footpath (which was not done). So for my $660 quote I have been charged $1490. Is this illegal its definetly unethical? Re: Illegal Variations? 3Jul 05, 2009 12:04 am I assume you have a signed contract? If so, you need to check whether those things are specified in the contract as included. If they are, then variations aren't required. If not, you may have a problem. Re: Illegal Variations? 4Jul 05, 2009 12:09 am Under connection of services. Where you are coming from is where you are going to... Re: Illegal Variations? 5Jul 05, 2009 3:14 am buildingwithhamra Good question. As Casa 2 said both parties have to sign the variation or agree to it. This is how I understand it. When you get a quote (tender) the builder has to have a look at the job and site. They do soil tests & contour surveys. Hey, they make you pay for the tests. They then make you an offer or give you a quote. Then it’s put into a contract. As kek said, Is it inthe contract? Not every contract is the same, so I would as your solicitor about this problem. As I keep saying there is no such thing as a standard DBC and its when you have problems like this you find that out. As far as I know they can not charge for variations for extra work than should have been allowed for in their quote. Most over quote to allow for things they may over look. There is a legal word for this & I had it written down but I can’t find it. Its like things that should be know to them. So, if the extra things should have been revealed by the soil test, that they conducted, are not allowed for in the quote then they have to ware the cost of it. You will find things like rock are an exception but footings should be quoted for, period. I mean what if you don’t sign or agree to the variation, what then? The work still has to get done. I also would like to know more about post contract variations made by the builder, so if you have any luck let us all know. Cheers KW………….. “It's just as unpleasant to get more than you bargain for as to get less” George Bernard Shaw. Re: Illegal Variations? 6Jul 05, 2009 11:04 am No its not in the contract. I was quoted in a phone call during building. I am happy to pay what they quoted and I agreed to ($660), but I am not happy to pay the 2 variations they have sent me for the same job ($1490). The upstand is in the engineering report so I presume then that's included in fixed footings. Re: Illegal Variations? 7Jul 05, 2009 11:36 am Pay the amount you agreed on and don't let you builder take advantage of the situation. If they kick up a fuss, i would not pay anything based on a variation not being signed. I experienced a similar issue (during contract phase) & ended up paying for the upgrade (at a reduced cost) [b]Contract signed 3rd May --> Handover mid FEB Re: Illegal Variations? 9Jul 05, 2009 3:00 pm Your builder is entitled to propose a variation, so it is probably not illegal or even unethical. Usually our builder gives a phone call with an explanation about what the variation is and why it is necessary. They don't just come in the post. Also your HIA contract protects you from your builder missing "technicalities". If your contract includes something, they can't charge you extra. Perhaps ask them to explain why the variations are necessary. And why they weren't included in the original quote. Trying this building gig one more time. Re: Illegal Variations? 10Jul 05, 2009 3:09 pm A variation needs to be signed off by both parties - did you sign off on anything before they did it? '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: Illegal Variations? 11Jul 06, 2009 10:19 pm nope have not signed the variation, and what a surprise they havent bothered to contact me today. To virgin-builder they didnt propose the variation, they really did just sent the variation cost in the post without any pre-phone call explanation. Thats my definition of unethical. Re: Illegal Variations? 12Jul 07, 2009 6:41 am buildingwithhamra they really did just sent the variation cost in the post without any pre-phone call explanation. Thats my definition of unethical. Ok, I'll concede on that one Trying this building gig one more time. 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 8505 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 8706 Can someone please offer some advice? Im DESPERATE. Because I'm completely and utterly exhausted. How long are variations taking with other companies at the moment? We… 0 18466 |