Browse Forums Building A New House 1 Nov 04, 2009 2:35 pm This is going to be pure venting as I am feeling so disappointed yet again with our builder's attitude. I have just queried why our WIL only has one shelf. The display home had 4. Upon closer inspection of our plans, it shows only one shelf. To me, it looks like the drafty missed them out and labelled the WIL the same as the WIR. (which is buts next to). We missed picking up this error, I know it's no excuse but there were literally so many errors at the time we thought we got them all. Anyhow I referred to our addenda in the Fixing Carpenter section, and it states that linen should have 4 shelves. We have 3 linen cupboards in our house and this one is the main one. The others have had 4 shelves. fitted. We were advised that no, if all linen cupbards were to have 4 shelves, the addenda would have stated "Linens" .. What the????? Is that even a word in this context?? I then wrote saying we understand mistakes happen, this is probably a drafting error (one of many, still happening now even ... but that's another story) why would I have my main WIL with only 1 shelf? It would then be more like a wardrobe. We are a family of 6, that's why I have 3 linen cupboards. We didn't even change that linen cupboard at all from the display home version. We have found on their specifications that the addenda takes precedent over the plans, and we have asked that the shelving be installed as per the addenda. We have now been advised that we signed the plans, and no they will not install "extra" shelving. (The "linens" excuse seems to have fallen by the wayside) Even their fixing carpenter had questioned it when he came to do the shelving. So it's obvious to me, it's a mistake, but they are wiping their hands of it. We signed the plans .. end of arguement. This has been so typical of our attitude of our builder when we have found mistakes. They NEVER take responsibility. But I suppose because we signed the plans we don't have a leg to stand on in this case, but how very frustrating and now we will have to get them installed after handover at our expense. Rant and vent over ... our lesson learnt, is it too early for a wine yet?? Re: What defines a linen cupboard?? Our builder needs to know. 2Nov 04, 2009 2:39 pm Never too early Bugger Where you are coming from is where you are going to... Re: What defines a linen cupboard?? Our builder needs to know. 3Nov 04, 2009 3:26 pm Yes I agree jaelee - that is absurd. By definition, a linen cupboard has shelves - if not it would be a wardrobe or a storage cupboard or a broom cupboard. Re: What defines a linen cupboard?? Our builder needs to know. 4Nov 04, 2009 3:47 pm I wouldn't be copping this at all. Ask them to demonstrate how it can actually be used as a linen cupboard? I'd be heading to your state equivalent of VCAT, it will cost you far less to get a hearing there than it will to fit out the linen yourself and you will almost certainly win. They seem to make common sense rulings..... and your builder certainly doesn't have that on their side. Arm yourself with a number of copies of plans of their houses. If you can find none with a Linen cupboard with one shelf, they have set their own precedant of what constitutes a linen cupboard. I leave you to fend for yourself, figure things out yourself. Terrence Malick Re: What defines a linen cupboard?? Our builder needs to know. 5Nov 04, 2009 3:49 pm In my contract it states that if there are any discrepancies between the written contract and the contract drawing, then the written contract takes precedence. Does yours have this somewhere? If it does I would be asking them to fix it as per your contract. Maybe get some advice from the relevant building authority in your state. The domestic buildings contract act in victoria has some great clauses that I have been refered to on the odd occasion just cause I like to know my rights!! Re: What defines a linen cupboard?? Our builder needs to know. 6Nov 04, 2009 4:50 pm Our contract is the same as angel's....the written contract takes precedence over the drawings. It also says that where there is a discrepancy between the two, the owners are to be contacted and asked to clarify in writing which is correct.... if there is no response to the builder's written query, then the "contract takes precedence" rule comes into play. I'm with Joles - I can't see them winning in a formal dispute. What a ridiculous thing for a builder to quibble over. What would the cost of three or so extra shelves plus the carpenter's time work out to? Re: What defines a linen cupboard?? Our builder needs to know. 7Nov 04, 2009 10:38 pm If you have 3 linen cupboards, then surely their argument of linen v linens can be thrown out! Our broom cupboard has one shelf! Like you said, the specifications state that the addenda takes precedent over the plans. I would play this card until they give in plus the 2 out of 3 linen has 4 shelves. Re: What defines a linen cupboard?? Our builder needs to know. 8Nov 05, 2009 12:02 am I understand your builder may not want to change the plans now, but I would suggest you should be entitled to a credit for the 3 shelves they are not supplying but would definitely have charged you for as part of their standard inclusions. Good luck with it. 2011 Home Sweet Home Handover 03 September 2010 PCI 27August 2010 Plumber 20August 2010 Electrician 19August 2010 Painting 04 August 2010 Cabinets 13Jul2010 Lockup 23June Frame 20April slab 1Mar10 Re: What defines a linen cupboard?? Our builder needs to know. 9Nov 05, 2009 5:47 pm Thanks everyone for your replies and advice.
Here is the update. I have investigated further, and basically unless we are prepared to engage a lawyer, there is nothing we can do. I rang the Builders Dispute Tribunal, as it's a contractural matter, not workmanship and as our build contract is over their cut-off they can not help us. I have emailed our builder in one last attempt asking if I am correct in my interpreation of their specifications where addenda takes precedence, and if I am correct then I believe they are in breach of contract and should install the shelves as per addenda. Their response was "the way management have interpreted the addenda they are in no breach". I do not want to engage a lawyer, it is upsetting me enough with their attitude, which has been shown with previous issues we have had. We have only just achieved lock-up, we have a lot more left to go. This has been a really awful build experience, we are still trying to remain positive as it is out dream home and I don't want to be negative towards the house because of our builders. This forum is excellent and if we can help anyone else out by getting them to double checki shelving in their linen cupboards then it was worth the rant .... (but I bet no-one else will have to go through this... as it's so obvious linen cupboards should have shelving ......) Deep breathes ... Re: What defines a linen cupboard?? Our builder needs to know. 10Nov 05, 2009 6:34 pm What a load of rubbish, what kind of builder carries on like this, everyone knows what a linen cupboard is for and one shelf ain't gonna do it how hard is it to add a few more shelves to keep the customer happy.....my advice - get angry, start screaming, name names Re: What defines a linen cupboard?? Our builder needs to know. 11Nov 05, 2009 7:27 pm jaelee I rang the Builders Dispute Tribunal, as it's a contractural matter, not workmanship and as our build contract is over their cut-off they can not help us. Jaelee have a read of Section 8 part (a) of the Domestics Building Contract Act which states that: 8 Implied warranties concerning all domestic building work s. 8 The following warranties about the work to be carried out under a domestic building contract are part of every domestic building contract— (a) the builder warrants that the work will be carried out in a proper and workmanlike manner and in accordance with the plans and specifications set out in the contract; I know that the linen cupboards weren't in your plans but I would think that this would cover the specifications in your contract and since the contract overides the plans... I called the BCAV in regard to a matter that was not completed according to the plans and they referred me to this clause. But I was lucky my builder was most obliging. Maybe you could give the builders dispute tribunal another call and ask them about this part of the act or equivalant in your state? Aren't they supposed to administer the act, do you have a VCAT equivalant? Re: What defines a linen cupboard?? Our builder needs to know. 13Nov 05, 2009 8:29 pm joles I wouldn't be copping this at all. Ask them to demonstrate how it can actually be used as a linen cupboard? Arm yourself with a number of copies of plans of their houses. If you can find none with a Linen cupboard with one shelf, they have set their own precedant of what constitutes a linen cupboard. Precisely! Gosh I wish common sense would prevail in some of these instances, regardless of the omission in the written contract, it is clearly supposed to have those additional shelves. How can you utilise this cupboard for linen with one shelf... just ridiculous! Building on the Sunshine Coast - Land settled 22nd July 2009 Building contract finally signed (after much deliberation on our part) 11th November 2009 Building commences 25th January 2010 - small local builder End of June - almost completed fit out 26th July - MOVE IN DAY!!!!!!!!!!!!!! Re: What defines a linen cupboard?? Our builder needs to know. 14Nov 06, 2009 7:30 am Hi Jaelee, I know its frustrating, builders are very stubborn. But I don't believe it is worth getting lawyers involved for 3 shelves. If they had forgot to put on the garage then yes get every lawyer under the sun. Plus you may have bigger battles to fight before handover, so you don't want to put your builder off side already. You did sign off on the plans so it is partly your fault. Its not a big problem. You can have the shelves added after completion, at the heights you want. Shouldn't cost much at all. Pieman Re: What defines a linen cupboard?? Our builder needs to know. 15Nov 06, 2009 3:32 pm A linen cupboard definitely comes wth shelves. We had a slightly difference occurence (not as much drama though) Our plans showed linen cupboard in WIL. After handover, we open the the cupboard and found only 1 shelf in WIL similar to WIR. I then checked our contract and it showed linen cupboard and in the appendix it showed what a linen cupabord was i.e. with shelves. I then checked with other forum members who built the same home and they advised that theirs had shelves. So i contacted the builder and stegbar came over a week later and installed the shelves. I am sorry your builder is being difficult about this. you have been more than accomodating. Even your letter advising that you understand errors occur etc should have pricked his conscience. Why is he fighting this? It would be great if you could contact someone else who is building the same home as yourself to check this. And then call the builder back and tell him. i hope this issue is sorted out soon Jaelee! Do you really want to accommodate the window? What is on the outside of the window? Do you want to be able to see your towels from outside? I would blank the window from… 2 8409 Hi I bought an old cupboard that is in desperate need of some TLC. I was seeking some advice as to the best product to use to give it an oil but also bring it to life a… 0 3442 |