Browse Forums Building A New House 1 Oct 29, 2009 6:30 am Hi guys, Not sure which way I should go on this one so I thought i'd put it up for discussion and opinions. We're a couple of weeks from contract with a volume builder who has 'grudgingly' agreed to allow us to supply a non-standard item in lieu of the included item as they offer no alternative options. My question is when I asked that a note be placed in the contract that "The owner will supply X for fitting in lieu of Y(which will still be supplied but not fitted) on a date to be advised by the building supervisor" the response was that our correspondence was sufficient and that it need not be included in the contract. So really the question is do you think that correspondence which does outline this is sufficient or should I push to have it added to the contract just to cover myself? Thanks in advance. -Belial Our Build - Places Fairhaven 23+ - https://forum.homeone.com.au/viewtopic.php?f=31&t=28045 Our Landscaping - Belial's Backyard - https://forum.homeone.com.au/viewtopic.php?f=19&t=45375 Re: Pre-Contract non standard variations 2Oct 29, 2009 7:03 am Hi, This is an interesting one. I would be very cautious, just like you are. If you don't put it in contract, it would be hard to argue it if things go pear shaped later on. I don't know if such "side" documentation has been used, especially successfully for the client. Which builder it is and what item are you talking about? My signature is distracting people from my wise posts ... Re: Pre-Contract non standard variations 3Oct 29, 2009 7:09 am I would want it in the contract no matter what or they wouldn't be getting my signature! Building Thread viewtopic.php?f=31&t=13002 Site start: 8th July 2009 Handover: 11/12/2009! 5 months total build time. 40 sqs of luxuary...Bliss! Re: Pre-Contract non standard variations 4Oct 29, 2009 7:41 am Yep definetly write it in the selections book, otherwise I can see you not getting the item. It should be in your selections book..(what is it.. an oven??) make sure you write deliver but not install next to the builders item and write yours in underneath. If its not in writing they will deny deny deny. Re: Pre-Contract non standard variations 5Oct 29, 2009 8:01 am Thanks for the replies, its an electrical item which most people would just accept the builders standard item. But no its not a kitchen appliance. Not sure about a selections book, we have a few pieces of paper for the upcoming color selection but this item isn't included in that. Not sure if the builder frequents these forums so i'm not going to name them till after contract. I think I will be pushing for it to be added to the contract, after reading around and seeing several people having multiple administrators and site supervisors during their build, I think its worthwhile as looking back on our correspondence it only is between myself the electrical specialist and our administrator. The regional managers comments were second hand word of mouth. Thanks again for the response, just wanted to confirm that it wasn't unreasonable to ask for it. Our Build - Places Fairhaven 23+ - https://forum.homeone.com.au/viewtopic.php?f=31&t=28045 Our Landscaping - Belial's Backyard - https://forum.homeone.com.au/viewtopic.php?f=19&t=45375 Re: Pre-Contract non standard variations 6Oct 29, 2009 8:31 am Get it in the contract. If there's one thing that's been hammered home to me from this site is GET IT IN WRITING and GET IT LEGAL. Under no circumstances assume that what the builder says is ok really is ok without confirmation. If the builder is any chop they shouldn't have a problem with you covering yourself, because you can bet that they've got themselves covered! Re: Pre-Contract non standard variations 7Oct 29, 2009 8:35 am Our builder was allowing us to supply something completely non-standard. They wrote it into our contract, right down to the model numbers of what we were supplying and what they were in leiu of. I'd want it either in the contract or as a seperate variation signed by both parties. You are definitely not being unreasonable. I leave you to fend for yourself, figure things out yourself. Terrence Malick Re: Pre-Contract non standard variations 8Oct 31, 2009 9:34 pm Quote: But no its not a kitchen appliance Why the secrecy? What is it? Re: Pre-Contract non standard variations 9Nov 02, 2009 7:48 am buildingwithhamra Quote: But no its not a kitchen appliance Why the secrecy? What is it? The 'secrecy' is because describing what it is would make me pretty much instantly identifiable to the builder which as we're still negotiating at the moment I don't believe is in my best interests. That said I've had some further follow up with this, I contacted consumer affairs - Vic building section regarding this who proved to be very informative. Basically as the builder uses a base 'HIA' contract,which contains a clause "This Contract is complete in itself and overrides any earlier agreement, whether written or verbal" Effectively means the builder can agree to anything previous to the contract however if it is not specified in the contract as a variation the standard specification would be applied regardless of any other agreement. So thats we're we are taking it from today as the advice provided to me saying our correspondence was enough proof is at the very best incorrect and at the worst could be seen as intentionally misleading. Our Build - Places Fairhaven 23+ - https://forum.homeone.com.au/viewtopic.php?f=31&t=28045 Our Landscaping - Belial's Backyard - https://forum.homeone.com.au/viewtopic.php?f=19&t=45375 Re: Pre-Contract non standard variations 10Nov 02, 2009 9:36 am Belial The 'secrecy' is because describing what it is would make me pretty much instantly identifiable to the builder which as we're still negotiating at the moment I don't believe is in my best interests. I think that some H1 users are quite happy knowing that builders do read the forum, as it gives the builder some motivation for doing the 'right' thing. I've been concerned by some posts recently indicating that the builders try to pressure buyers into coming in to sign a contract in such a way that obtaining independent legal advice becomes impossible. Comments on another thread included one forum member indicating that their builder got away with including no penalties in the contract for running late. To me, this underlines the need for having the contract checked by a law firm. Our builder included in the contract that we are supplying all our kitchen white goods without us having to remind them that it should be in the contract. At least you now know how much you can trust the advice they provide you with. Better now, when it can be addressed, than well into the build. Pfiff Finally making progress again, with a clothesline (yippee) and some much needed little things being attended to over the holidays. 40 C on New Year's eve? We love our a/c! Re: Pre-Contract non standard variations 11Nov 02, 2009 12:45 pm Fiffarro, your right on the money with that one, i'm actually expecting to recieve in the mail today a referral letter from the Law institute of victoria with details for 3 solicitors offices near me who either specialise or have specialists in building contracts. We've already retained a conveyencer with a firm, however they do limited numbers of building contracts so whilst i'm satisfied they should be able to explain any of the legalese I can't work out, i'm also going to look at having it checked over by a specialist for any small and/or obscure building specific clauses that may effect us later. I spoke with our administrator this morning and we had a decent chat regarding where this is going, he stood by his previous comments however did concede that from our perspective it was definately in our best interest to have it included, it also helped that i did mention the advice i'd recieved from consumer affairs regarding it and the specific clauses and schedules which allow for this. I'm convinced that the main reason for it was that it was easier to just have an agreement rather than them having to look into how to specifically add it to the contract, but in the end they've agreed to have it added, it just comes down to them actually wording it correctly, which is just another reason to have it checked prior to signing. When it comes down to it, i'd much rather be safe and secure putting in the hard yards and phone calls, not to mention I assume earning a 'pita' reputation with the builder at this stage than regretting it later once we've built and definately getting professional advice has been key to this so far. Our Build - Places Fairhaven 23+ - https://forum.homeone.com.au/viewtopic.php?f=31&t=28045 Our Landscaping - Belial's Backyard - https://forum.homeone.com.au/viewtopic.php?f=19&t=45375 Re: Pre-Contract non standard variations 12Nov 02, 2009 2:51 pm Glad to hear that you are doing the best thing for you, Belial. That really makes me feel that it was worth taking the time to post! Pfiff Finally making progress again, with a clothesline (yippee) and some much needed little things being attended to over the holidays. 40 C on New Year's eve? We love our a/c! 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 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 So AFAIk the outcomes of the BAL ratings form part of a clause that allows them to pass these costs on to you. However the more relevant detail is how did it go from 19… 1 9163 |