Browse Forums Building A New House 1 Jul 18, 2009 10:13 pm Hi guys, I am building with a major builder. I am wondering if there are any legal ramifications if I hold back payment (for completion stage) until all the defects I have found have been rectified to a satisfactory level. Thank you guys, Re: Holding back payment until defects are rectified 2Jul 18, 2009 10:22 pm I am not too sure but I know I am planning on the same thing. I refuse to move in until my home is perfect. I have built before and know from experience how hard it is to get things fixed once they have your money. Re: Holding back payment until defects are rectified 3Jul 18, 2009 11:25 pm At plate height I had a private inspector come out and notice that some waterproofing had not been done. We wrote a formal letter responding to the letter our builder sent us regarding the plate height payment. We included a copy of the report and stated that we would not be making a payment until they fixed it or we had it in writing that this would be rectified. They had the problem fixed in a couple of days and we released the payment. The issue of intrest on the with held payment never came up so I am not sure what your builder would be like in regards to this or if they will give you trouble for not payng. *Built with Gemmill Homes in WA* Slab - 1st June 2009 Plate Height - 17th June 2009 Lock Up - 18th August 2009 PCI - 5th October 2009 Hand Over - 15th Oct 2009 https://forum.homeone.com.au/viewtopic.php?f=31&t=20844 Re: Holding back payment until defects are rectified 4Jul 19, 2009 7:34 pm Hi, Yes, legal you can be in trouble, especially if it is a big builder. Have a look at your contract, they would have put a interest rate in, so basically if you are late they can charge you interest on top. They will also stop work on your site till the payment has been made. Hope this helps made 4 u Re: Holding back payment until defects are rectified 5Jul 19, 2009 7:41 pm We held back our second payment for about a week and a half (because of a potential problem) and rang the finance section and informed them, when we felt it was sorted out we paid and we also received a reminder but they didn't charge us any interest! We are with a large builder Re: Holding back payment until defects are rectified 6Jul 19, 2009 10:16 pm We're planning to do the same thing. Until the builder fixes the defects I'm not planning to pay the last bill. Not sure if we can really win, but it's worth a try. We're not in a hurry to move in anyway. Besides, the defects are quite major as per private inspection report. What really makes me sick is, despite them saying in their brochures and web sites that they have 3 quality inspections, these seem to be only an act. They're not fixing what are obviously wrong and won't even share the report with me. Means nothing to me but empty promises. I'll see how far I can push them. My colleagues are already telling me to go to VCAT if they refuse to fix. Any thoughts anyone? Re: Holding back payment until defects are rectified 8Aug 07, 2009 3:30 pm i plan on doing the exact same thing as you.... its only fair, why pay for somthing that ur not happy with and thats not right Al & Caitie- Building the Hamilton 278 (Coral) at Narangba of course there are legal avenues. You've already mentioned it. Sue them. I find it odd that lawyers wouldnt be willing to take on the case, given CCT evidence and… 1 23765 Hi All, I engaged a tradie to install concrete retaining wall 600-800mm high over 32 meters in Victoria. Sleepers are 200*75*2000 mm installed over 17 steel posts. I… 0 6915 1 9474 |