Browse Forums Building A New House 1 Jul 19, 2009 1:54 pm I had a house built in Queensland that was built and now at the final payment stage. This is an investment property. I live in outback WA and have never seen the house other than photos. I recieved a phone call the other day to find out that it is not the house that I signed for but similar 7 squares smaller. The builder has apologised big time, but I am not sure where to go from here. My old man recons I should take them to the cleaners Any thoughts?????? Re: Contractor has built the wrong house 2Jul 19, 2009 2:04 pm What the?? Are they offering you compensation in addition to only needing to pay the price for the house they built? As Im assuming it would be cheaper... Is there anyone managing the build for you? Custom European Cabinets - Melbourne Kitchen Specialist PM for business details as website currently being updated! Our Crazy Owner Builder Journey! Re: Contractor has built the wrong house 3Jul 19, 2009 2:06 pm From a legal point of you, they have breached the contract. You, therefore, have a claim against the builder for this. What has the builder said they will do about this? Re: Contractor has built the wrong house 4Jul 19, 2009 2:12 pm OMG! What are your options? I guess the house is not completely unusable as an investment property. Perhaps you can claim the difference in cost as well as some compensation for the lower rental price - although I'm no lawyer. Perhaps you can come to some agreement that won't involve litigation (which often doesn't work out as well as you would like). Add additional features to the house or a foot in the door for another investment property Trying this building gig one more time. Re: Contractor has built the wrong house 6Jul 19, 2009 2:16 pm you should be able to get the wrong house at a greatly reduced price, not the "list price" either. the wrong house is no good to them and they'd be better off making you an offer you can't refuse or risk the rectification costs ’’Quondo Omni Flunkus Mortati ’’ If the women don't find you handsome, they should at least find you handy. Stila BK1 Build Thread The best place to talk about sport Re: Contractor has built the wrong house 9Jul 19, 2009 4:19 pm Looks like they just built themselves a 'spec' home and owe you for what you have already paid and the current market value of the land. Re: Contractor has built the wrong house 10Jul 19, 2009 5:34 pm Stano - I suggest you go speak to a lawyer ASAP before accepting anything that the builder proposes to compensate you. Essentially this is a fundamental breach of the contract. A court can award you monetary damages (if that can be calculated), otherwise they may order specific performance (i.e. knock down the house they built and rebuild the one they were contracted to build). Hope this helps. Re: Contractor has built the wrong house 11Jul 19, 2009 5:51 pm stano I had a house built in Queensland that was built and now at the final payment stage. This is an investment property. I live in outback WA and have never seen the house other than photos. I recieved a phone call the other day to find out that it is not the house that I signed for but similar 7 squares smaller. The builder has apologised big time, but I am not sure where to go from here. My old man recons I should take them to the cleaners Any thoughts?????? I am constantly amazed! Good luck with it all.... Internal and External Building and Colour Consultant Online - Worldwide http://www.denovoconcepts.com Re: Contractor has built the wrong house 12Jul 19, 2009 7:26 pm OMG that is a HUGE mistake to make. I am shocked. I hope it works out for you. Re: Contractor has built the wrong house 13Jul 19, 2009 10:01 pm When I read this easier today I as speechless but i thought about it and wondered. When do you think they noticed the house as wrong and did they just take a gamble and finish it. Surely they didn't build the entire house and on teh last day go.. "oh wait - these are someone elses plans". I'm not sure how many meters squared you are short but it will depreciate your rent and resale value. As an investment this is really the only reason you are building. This is something that can not be measured easily in the current market. Maybe if there is other blocks the same quality as yours in the area they could buy the block build your correct house and compensate you for intrest and rent for how ever long it takes - and a bit more for "emotional damages". I wouldn't accept the house unless they give you a decent amount of money that you know will be more than what you are losing for how ever long you plan to keep the property. - Soooo basically.... take them to the cleaners in a nice way!! *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: Contractor has built the wrong house 14Jul 19, 2009 10:56 pm I am wondering which house was approved by council, the smaller one or the correct one? It would be interesting to know at what stage the error occured. Eg did they submit the wrong plan to council and then build it, or did the correct plan get approved and then the wrong one got built? Either way, what a huge mistake and a huge mess. In order to build a smaller house all the tradies would have been given the smaller plans or someone would have picked up on the mistake earlier such as the concreters or framers. So maybe they were aware of the problem at a very early stage but decided to build it anyway? but most likely the error occured before the plans went to council. Was your copy of the plans correct? I strongly suggest that you obtain some legal advice on this and good luck. Blog: http://bluemistkids.blogspot.com "Never be afraid to try something new. Remember, amateurs built the ark, and professionals built the Titanic." Re: Contractor has built the wrong house 15Jul 19, 2009 11:33 pm Surely you would be within your rights to demand the house that you ordered? I'd be thinking it would be cheaper for them to say "congrats on the free house" than have to rip the whole thing down and rebuild it from scratch? In all honesty, I have no idea what I would do given the same situation. I'd be speaking to a lawyer, that's for sure!! Good luck! Re: Contractor has built the wrong house 16Jul 20, 2009 10:32 am Cheers to everyone that replied. I will be thinking very carefully before making the final decision. I need to find out where and when everything went pear shaped. Hopefully it wont drag out to long. The funny thing is. Our property manager went to site and ask the site supervisor for our house so she could take photos. She emailed us the photos and thought the house looked great. BUT it wasnt our house she took photos of, but the neighbours. Hope he hasnt got our house!!! Re: Contractor has built the wrong house 17Jul 20, 2009 11:06 am Wow never heard of that one before, what a horrible position you have been put in. There are a lot of people saying take them to the cleaners, personally I would want what is fair for both parties, you should obviously be compensated substantially. The ball is in your court you can take them to the cleaners and I'd imagine any legal advice you obtain will be pushing that as its in there best interest. I'm not sure how big the builder is in question but if its a small builder you could probably send them bust if you wanted. I think maybe you should ask yourself what your happy with rather than what your entitled to but that's just me and no doubt others will disagree which is fair enough. Good luck. Re: Contractor has built the wrong house 18Jul 20, 2009 3:03 pm What an awful mess! Wonder what made them fessup to building the wrong house. I don't even want to start imagining all the problems it could cause with finance when the bank does their final valuation etc., or the problems if council approved the correct design and somehow they built a smaller one. Did you get the council approved plans back from the certifier? Is it just a smaller version of the same house or a completely different house? I don't know what I'd do..but I'd be calculating the long term costs (depreciation, rent, resale) aswell as the obvious difference in current cost and def. adding a PITA mulitplier to it! Built Liberty 42 - Handover 26th Feb 2010 forum thread: https://forum.homeone.com.au/viewtopic.php?f=31&t=17243 Re: Contractor has built the wrong house 19Jul 20, 2009 3:14 pm Yikes, i hope that you work this our asap.. would be interesting to see where the error was. Custom build Gold Coast . My build : https://forum.homeone.com.au/viewtopic.php?f=31&t=21952 Its all happening!!! 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