Browse Forums Building A New House 1 Jan 04, 2010 2:30 pm hi i'll try and be brief. Our contract completion date was back in April and we are still not in our house - plenty of reasons why inc tradies breaking in twice to saw through roof trusses, slab poured incorrectly, frame constructed incorrectly...the list goes on. Anyway, I've called BVAC a couple of times and have conflicting advice from them - 1 says that I am due only the liquidated damages from the builder. Another said that I can claim any expenses on top of the LD from them. This doesnt even address the fact that I sold my house because I was told we would be moving in in 3 weeks, and that was back in April!!! So, what is a reasonable request? The owner of the company refuses to talk to me until the house is complete - this was after he gave me his "word" that we would be in the house for Christmas. He is quite a prominant businessman with building companies in every state as well as trying to run for parliament. The whole thing has been a catalogue of disasters and a manual on "how not to build a house" which even went right up to dec 23 when the driveway was laid incorrectly in the heat so has to be dug up. What are your thoughts / experiences / ideas? thanks Chris Re: Liquidated damages and additional compensation 3Jan 04, 2010 2:52 pm yup - already looked into A Current Affair and they are very keen to take the story. I'm in 2 minds about it though as dont really want the hosue on the tv... but what do you think that i should be asking him for - landscape the garden? cash off the final price etc? Re: Liquidated damages and additional compensation 4Jan 04, 2010 3:01 pm What stages remain? How much do you owe them? I would still consider running the story. Sounds like just the guy to go into politix Where you are coming from is where you are going to... Re: Liquidated damages and additional compensation 5Jan 04, 2010 3:04 pm melbournewelsh yup - already looked into A Current Affair and they are very keen to take the story. I'm in 2 minds about it though as dont really want the hosue on the tv... but what do you think that i should be asking him for - landscape the garden? cash off the final price etc? I am not sure, what's left to do......and what would you be happy with. Has he gone bankrupt officially? Our builder did and we were overdue moving in by 9 months, we also sold our house but were lucky enough to rent back. You mention liquidated damages, so I am gathering yes. You may only be entitled to this. Maybe get your facts straight first about your entitlements, it could backfire on you if you aren't sure what's what. Re: Liquidated damages and additional compensation 6Jan 04, 2010 3:27 pm Have you sought independent legal advice? That's where I'd be going first up.... Re: Liquidated damages and additional compensation 7Jan 04, 2010 3:31 pm ok - we have LD in the contract of $250 p/w which I had changed as a variation from 150. He has definitely not gone bankrupt Re: Liquidated damages and additional compensation 8Jan 04, 2010 6:14 pm My argument would be that $250 per week does not cover your loses. The house you are having built could rent for much more than $250 per week and these are the damages to you. My argument would be that the agreed liquidated damages was to over a reasonable delay, say a few months. It has gone on much longer. If you state your losses due to the inability to not rent out your completed house I think it would have some weight at BVAC. Also add that the liquidated damages was never envisaged to cover a period of over 9 months. Demolition August 2009, Construction Started September 2009, Completed December 2010 Re: Liquidated damages and additional compensation 9Jan 05, 2010 5:45 pm cheers mate -that is an excellent suggestion and a good opening gambit- on that thinking, it will be 10 months late, i suggest LD is reasonable for 3 months - so 7 months at the suggested rental figure would be a reasonable amount any other thoughts from anyone? It worked for me in getting all non notified rain days removed from the builders claim, although the LDs was only $50/day 7 5892 Our standard double-glazed window is tested to achieve, Rw 34, and can be glazed to suit Rw 39. The price is good too... 3 9449 |