Browse Forums Building A New House 1 Jan 17, 2010 5:09 pm All, Received our Contract Documents (All the following documents spiral bound together): Contract Tender Color Selection Document Soil Test Report Contract Specifications Certificate of Insurance Certificate of Currency Working Drawings Now: Contract Tender, Colour Selection Document appear to be all fine. Soil Test Report, Certificate of Insurance, Certificate of Currency - I don't think any of these should be of any concern. Working drawings : Have found 1 variation missing in Electrical Plan (looking for more) The only document of MAJOR concern appears to be the Contract Specification. But seems like this is a STANDARD document (which has everything favouring the builder Has anybody found things of concern in the Contract Specification document ? And requested changes ? And had any success with getting these changes incorporated ? Feeling nervous. Would appreciate any advise please. TA Re: Carlisle Contract 2Jan 17, 2010 5:23 pm Hi Daring2build, I have recently gone through my contract signing, with another builder, but a few things I did notice: 1. Make sure you double check the tender. My builder changed the tender in the contract to what I had signed off on beforehand. I had them change it. 2. Make sure you double check, nay triple check, the contract. I am guessing you have the standard HIA contract. I went through the contract and made notes on anything I was concerned or unsure about. I asked my solicitor and also the builder to explain them to me. At the end of the day, you may not get the builder to change anything, but at least you will understand what your obligations are. I kept my builder about an hour and a half after he was due to go home. 3. Make sure you check all the drawings, etc thoroughly. My site plans, and facade was all wrong, again from what I had agreed to at the tender, so had them change those as well. If you are unsure, don't get pressured into signing. Hope it helps, and Good Luck! Re: Carlisle Contract 3Jan 17, 2010 7:12 pm My builder presented the contract with many major mistakes. I was ask to sign the contarct and immediately follow by variation. That's a big no no. Once you have signed, you are legally binded by the contract. They can change or amend to the plans and drawings alright but at the same time they can alter the price too. If you dispute it, you and the builder can terminate the contract but as a owner, you are still liable to pay the profit margin of the total price ! Re: Carlisle Contract 4Jan 17, 2010 7:18 pm I'm rehashing an old post of mine, but my tips are: to_do_list smeagol Think about the following objectives..... Completeness, Accuracy, Validity, Timeliness Beautifully and succinctly stated.....Smeags Couple of simple rules in writing contracts: - if it's said once it doesn't need to be said again, avoids ambiguity and "double-dipping" on prices - determine the order of precedence of documents if there is an a discrepancy between the contract, inclusions list, drawings, etc what will take precedence - if it doesn't need to be in, delete it, don't fall for the old "that's a standard clause but we never invoke it" - if it needs to be in put it in, don't fall for the "yeah, nah, we do that anyway" - check your drawings, then recheck, then check again, oh and check your drawings, match elevations with plans, with electrical, with plumbing, with site layout - "standard" building contracts can be changed by mutual agreement, they are not carved in stone, written in holy script, or blessed by the pope, never to be amended - the MBAV and HIA are "industry groups" they are looking after the best interests of the people that pay their supscriptions, therefore the contracts are biased towards builders and not owners, remember that when you read any clause - make sure the contractor "shall" do something, most requirement specifications (i.e. contracts in the real world) use the word "shall" to denote a requirement, MBAV and HIA contracts occasionally use the contractor "will" and "may" contractually these terms reduce the strength of the requirement - don't go for wishy washy statements for instance Duminda picked up on the following Duminda Ours is an MBAV contract, and it says that builder shall do 'everything possible' to start within 14 days of receiving the last approval required (usually the building permit) ... but there's no penalty if they don't start within that period, and the owner is still bound by the contract. - with regards to inclusions there will be a clause stating that they can change say a stove, HWS, etc for another make sure you add "to the same performance specification and with the written consent of the owner" The builder will think you are a picky b*stard but I got use to it....! There is all sorts of cr*p that builders appear to get away with which they would be sent straight to arbitration or to the courts if they tried on in the "real" construction industry. Hope this helps in some small way. In case you wondering about the 'tude I'm going through a contract disagreement at work with a contractor but we're covered because of these simple points. And once you start in earnest document everything. As my grandfather the judge said, one line of writing is worth more than 100 pages of talky talky.... ....although he did say it in Hungarian! mmm....donuts Homer Simpson 1956- Links: Site Costs Ready Reckoner | H1 Addiction Medical Advice | Château TDL: The Backyard You talk about deletions, are they variations or PS and PC adjustments? pleas list them 1 16571 We were lucky in that our old house was so small (86 square metres) compared to the new house, they were able to take enough readings around the old backyard house before… 8 37160 Carlisle use to sneak a water resistant "Performance Solution" into their contracts. Have you checked your contract for same? 4 10277 |