Should i stand and push the builder for it.. or not?

Ok this is simple .. In the colorselection, I was told that I will get Motorised Garage opener with the upgrade to the Panel lift door i chose. I signed the color selection sheet and that was 2 months back.

Now after 2 months when they are placing orders, they're saying well the motorisation wasn't included and its a miss and that i need to pay for it if i want it ..

What should i do? Take them for a ride? Because i've signed it off .. this way they can change anything in the future and the sign wouldn't have any importance ... OR, should i exclude it and pay the cost??

Please QUICK responses .. i need to reply to them ...... thanksssssssssss!!

If you saw it in the colour selection you signed, then the builder should do it. If it wasn't in the colour selection and you missed that when you signed it, then they don't have to include it. You should have a copy of what you signed. Find that exact spot and show them.

2 questions I have:

1. Did it say motorised anywhere in the original paperwork you saw and do you have a copy ?
2. Was the original roller door motorised, before you upgraded to the panel lift ?

I would say if either of these were true, then I would push for it to be included. If it was written down, then the builder has no leg to stand on. If originally you had a motorised roller door included in the price, and you asked for the upgrade to a panel lift door, then it is a reasonable assumption to make that you would still want a motorised door. I would therefore push for the motor to be included as part of the variation. They aren't charging for a "manual panel lift door" in lieu of a "motorised roller door". THey are charging for a "motorised panel lift door" in lieu of a "motorised roller door"

That's how I see it anyway

You should pay for your mistakes and the builder pays for his... this time he pays.

Ed

The original roller door wasn't motorized, but when i upgraded, they told me you will get a motor and 3 remotes with it and its there on the color selection sheet i've signed .. now they're saying well it wasn't included!

It's pretty simple really!

If it's on the color selection sheet that you signed, the builder cannot go back on that and HAS to provide
what they have said they would, if it's not on your colour selection sheet then tough luck for you, if you
want it then you will have to pay for it!

Well then there's your answer. It is on what you signed, the scheduler was either told not to include it so didn't, or he/she missed it and it wasn't included. You get what you signed for. If they say it will be a variation and ask you to pay for that variation, say you will not because it was their mistake.

If it's on the colour selection sheet you signed, then it's included and the builder will have to include it.

Stand you ground and produce the paperwork to them.

hmmm *** of the waiter that still need to deliver your desert.... Can you somehow hold off until the end and than dispute? I would not feel comfortable rubbing a builder the wrong way when he no doubt still has plenty of unseen options to cut corners on cost and recover his loss

Here is the extract from the selection sheet, this page also has my initials at the bottom ...


I agree with Jacobvz .. i don't want to start here on the wrong foot, but they are placing orders for start of work and they've already said if i change ordered material or add to it, it will be $200 extra to do it .. so there's no waiting till the end to dispute it ... hmmm!

There are both positives and negatives about doing it this way.
The positive is that you can argue about it later, as it's only a door motor and can be retrofitted.

Unfortunately the issue has been raised now and the builder will want an answer now to see if you are paying extra for the motor. If you ignore it, they'll take it as you're not proceeding with the "extra" (and will probably write something to this effect). It may be hard to argue about it later.

I agree a negative is that the builder could recoup the cost under the cover of another variation to the contract. That being said, if you stand your ground now, maybe the builder won't try and charge for everything under the sun as they are aware that you are aware of what's included and what's not.

You don't have to be rude about it, just state the facts. Write a letter saying you disagree to the extra charge as it was included in the original variation price, and attach a copy of that signed schedule. It will resolve the issue quickly and quielty. They cannot argue against the inclusion when you reproduce that schedule - it's as clear as can be.

That is true. If I don't stand up for something in written, anything under the sun can be headed my way in the future ..

I'll be polite and reply saying no variation or indication was given to me in the last 2 months and I'll simply take what's been signed off...

If there's agreement between Builder and Owner, great. If there is disagreement, then the contract is the only thing to go by. Simple.

So... if you don't insist on the motorised door, they could go you for $200 as it is a variation to contract for you NOT to have the motorised door.

If I were in your place...I would stand my ground. It's not your fault if someone in admin made a mistake and stuffed up on the paperwork. The fact is....you wanted it motorised and it's in the paperwork which means you have paid for it.

We had a few issues come up after contract and I've had to fight for my rights but it was all done nicely but firmly. Do all your negotiations on email and it will be brought up for discussion at the next meeting. It's best not to back down otherwise they will just take you for a ride.

thanks for all your responses .. i've mailed back very politely stating the fact .. lets see how it goes .. they've been really good all along .. so i hope it all stays the same!

On the paper work it clearly said you are getting 3 remote therefore it can be assumed that the door would be motorised...

You have it is writing that 3 remotes are included, hopefully your builder also includes the box.

WHy would you get 3 remotes if it's not motorised?
What's the three remotes for?

I am under the assumption that when you say 3 remotes it means it will be motorised garage where you click the said remote and it will open.

How did 3 remotes ended up being manual?

/confused.

I think they're trying to get out of something and trying to dance in circle around you.

If they refuse to do it, i would demand a credit for $200. If its stated in your addenda then they should do it. Simple!