Browse Forums Building A New House 1 Oct 26, 2009 3:21 pm We received progress payment claim for the frame stage last week. However, when we checked with the building surveyor today and there has been no inspection at the frame stage, nor has there been a booking made. According to the contract as well as the Building Act, "frame stage is completed only once it has been approved by the building surveyor". We contacted the Building Commission and they adviced us not to make a payment until the inspection has been done. When we confronted the builder their explaination is that they continue the work without waiting for the progress payment. They gave us the option of paying after the inspection but informed that further work will be suspended until the progress payment has been made. I think that the safe practice is to complete the frame stage and then move on to further works. I dont see the logic of further work that is not related to completing the frame stage because they will have to complete the frame stage prior to getting approval. Has anyone else had any similar experiences with their builders during construction? Re: Frame stage payment claim prior to surveyor inspection? 2Oct 26, 2009 6:52 pm Good question.. I am not yet at frame stage but would wait for inspection. while it will force a wait and slow progress a bit you will be much better for it and really the builder should be made to wait for cash as they should have booked this inspection..after all this what their job is. Re: Frame stage payment claim prior to surveyor inspection? 3Oct 26, 2009 7:07 pm If that is the definition in your contract then the builder shouldn't be arguing with you, nor threatening to breach the contract. You should have a clause that says that claims should not be made ahead of time. Ask then why they would be prepared to breach the contract by stopping work given that they are asking you to pay ahead of time. Dan Re: Frame stage payment claim prior to surveyor inspection? 4Oct 26, 2009 7:36 pm Just get an inspection asap. It only takes a day, maybe two if you explain to the inspector that you're in a hurry. It'll probably take less time to organize the inspection that it will to fight them. And chances are that they haven't lined up the tradies for your next piece of work anyway. They're just playing for time. But watch out - they'll do it again! Our builder tried it with us on both the frame and pre-plaster inspections. Being proactive helps - In both cases I organized an inspection on the day that they were told me they would finish. Which means I could show an inspection report when they tried to invoice. Trying this building gig one more time. Re: Frame stage payment claim prior to surveyor inspection? 5Oct 27, 2009 9:55 am Hi All, Thank you for the replies. To clarify my situation further, When I asked the builder why he claimed progress payment without getting the frame approved by the surveyor their response is something along following lines. "I shouldn't worry about it because it will be done before the building is complete. And they continue to work without waiting for progress payment. If we require frame inspection prior to paying for frame stage. He will rush the SS to get the frame inspection and re-invoice me after it is complete. I can pay after that and they will continue the work after that." I am going to wait for the approval of the frame. And I let the builder know. I am sure builder is aware that it is a breach of contract/Building Act to claim progress payment for a stage that is not complete. That is why he did not insist that I pay immidiately. But subtly indicated that I will be loosing out if I insist on a frame stage approval prior to payment. Their explanation does not make sense about continue to work, the work they are doing now should be to get the frame ready for inspection. The plain fact is the building is not ready for frame inspection. If it is ready for inspection they should at least have a booking with the building surveyor. This situation has led me to distrust the builder as well as the work he is doing. Builder seems to be fine with breaching the contract. And only abide by it only when we confront him. It does not seem to be a case of a bad SS misleading the head office, but a policy of the headoffice/builder to claiming progress payment knowing the stage is not complete. I am just wondering whether other builders also claim for frame stage prior to getting it approved by the building surveyor? Hi there, long-time lurker but first time posting. I've bought a house 2 and a bit years ago and last year we had some major water damage on a converted pergola area… 0 8004 I apologise for any confusion, but your understanding is correct. We approached our situation differently based on advice from… 11 53834 1 9521 |