Browse Forums Building A New House Re: Progress payments: "Lock up" definitions? help? 21Jan 28, 2010 7:50 pm Even tho your builder hasn't done everything on the 'lock up' stage, you may find that they have done items that come under the 'fix stage'...this is common practice among builders....so in the end it will all even out in the wash PD Hayman 34 H1 Thread https://forum.homeone.com.au/viewtopic.php?f=31&t=29460&start=0 Blog http://miazfolly.blogspot.com Tiles 25/3/09 Colors 6/4/09 Tender 7/5/09 Contract 28/5/09 Land 16/11/09 Re: Progress payments: "Lock up" definitions? help? 22Jan 28, 2010 7:53 pm email is fine. I'm a big fan of quoting legislation - gives you something to hang your hat on. Afterall, I agree with above that it's a formal relationship with a licenced professional. Let's hope they see sense next time Re: Progress payments: "Lock up" definitions? help? 23Jan 28, 2010 7:58 pm Thanks for the support and advice guys. I have had no response, but I'll let you know if I get one. Without this forum I'd probably be a mess. It's great to be able to vent and bounce ideas etc. I dont like how builders treat us little people (who help pay their wage!) like dirt sometimes. Currently our admin is quite rude, there's a basic question I put in writing back on October 24 that I'm yet to get the full answer on. I've worked as a customer service manager 10 years this year. It's a huge no-no to keep customers hanging like that! Customers keep your business afloat, they're not just numbers! I make sure at the end of every day I've returned every email, and every phone call, even if that means staying back an extra 15mins to do so. I've never been rude to our admin, I've been polite and tried to keep everything as professional as possible. I wish she'd return the favour Re: Progress payments: "Lock up" definitions? help? 24Jan 28, 2010 9:52 pm Hi Erin&Aaron, Does your contract say anything about your obligation to pay "even if the works for the stage are not fully completed or even if they are defective" (or something like that). We have it, so that's it for us. There are also some other clauses about what can they do if we don't pay on time. But, if you don't have anything like that at all, I guess just read carefully what have they allowed themselves to do (like the interest charge, maybe stop work, break the contract - it depends). So, are you willing to risk that? (I know, it's hard, just trying to dissect it). On the other hand, they would probably still have time to finish off quite a bit of the unfinished in the given 14 days. Sorry, havent read the thread in detail, but also maybe your SS would give you a plan of things to do for the next 2 weeks, and then you can see how far they are from being "finished" in 2 weeks time. BUT anyway, the thing I don't get is why are they so pushy and playing all big headed all important. It doesn't pay them any service at all! Seriously, after reading of the last invoice debacle, makes me wonder how do they manage to find their way to work every day. If your SS uses more logic and is more reasonable than the office bunch, I would call him and just ask his view on this, no pressure. I believe he would have experience with people being asked to pay for unfinished work. These guys know so much. And, I don't see why would this not be classified as an emergency!! My signature is distracting people from my wise posts ... Re: Progress payments: "Lock up" definitions? help? 25Jan 28, 2010 10:11 pm Quote: Our SS advised these doors 'may' go on tomorrow, otherwise it will be next week. Please ensure invoices are issued apon completion of stages, not prior. Haha love the sass on it Land Deposit - 18/12/2009 Became a land Baron - 21/12/2010 Site Start - 27/1/2011 All moved in!! Re: Progress payments: "Lock up" definitions? help? 26Jan 29, 2010 12:05 am Hi A&E, I learnt an advice from a thread somewhere in the forum, I can't remember who wrote the advice but I believe it is a good one. I think you should send an email stating that you will pay the invoice on this occassion as goodwill for the good works done to your house however state that technically by law you don't have to. Put in what you wrote earlier stating about the DBC Act. I believe this is not a major issue to fight over, especially when the build is going great so far and that most of the works are done, and that the door will have to be put in soon. However, use this incident as ammo for later on when you need it with larger issues. Anyway I hope there won't be anymore stuff ups from the account receivable officer. Re: Progress payments: "Lock up" definitions? help? 27Jan 29, 2010 9:01 am No need to send email and all that - let your mortgage provider know that the work is not completed for that stage, and they will act accordingly. Our builder routinely sent progress invoices anticipating the completion of the work for that stage. Our mortgage provider sent their valuer out and refused to pay and, guess what, the builder didn't argue with them! They have a lot more clout than you do, and they will earn huge amounts of money for providing you the loan, so get them to do the work for you. That will reduce the demand on your time and your stress levels. 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: Progress payments: "Lock up" definitions? help? 28Jan 29, 2010 9:07 am Fiffaro No need to send email and all that - let your mortgage provider know that the work is not completed for that stage, and they will act accordingly. Our builder routinely sent progress invoices anticipating the completion of the work for that stage. Our mortgage provider sent their valuer out and refused to pay and, guess what, the builder didn't argue with them! They have a lot more clout than you do, and they will earn huge amounts of money for providing you the loan, so get them to do the work for you. That will reduce the demand on your time and your stress levels. Re: Progress payments: "Lock up" definitions? help? 29Jan 29, 2010 9:25 am Oh, I didn't realise it's a lengthy process, sorry. I see now that you can't wait for close to 2 weeks to see how much they would finish off by the time the invoice is paid My signature is distracting people from my wise posts ... Re: Progress payments: "Lock up" definitions? help? 30Jan 29, 2010 9:44 am Well... this morning I received a reply to my email... Basically the accounts guy stated that because he was in the office and not out on site, he can only go by what our SS tells him. He will give us a one day extension on the invoice He also said that someone (accounts manager I believe) will be contacting me by phone later today to dicuss the issue! That's fine and I understand that he is in the office (who'd have thought?) however, I'd expect that our SS tells us the same information as he tells the accounts guy. Why not issue the invoice today then, being told the doors would be fitted today. Why do it yesterday? A day early? Now that's just nitpicking... but if they want us to do things by the book, then they should to! I'm scared about this phone call now... am I going to get a lecture about my email? Re: Progress payments: "Lock up" definitions? help? 31Jan 29, 2010 9:51 am Erin, go girl. Stand your ground. You had every right to send the email and have nothing to fear. It's good that they are now aware that you work by the book. Sounds like the SS was trying to be a bit **. That's a problem between the SS and his company, not you. Hopefully he will learn from this for next time he sends the bill. Remember - it's your house that's worth many thousands of dollars. Gotta keep them on their toes....ok, backing away now I'm rambling. hahaha. Re: Progress payments: "Lock up" definitions? help? 32Jan 29, 2010 10:06 am Now, you get out of that scared thing right now. There is nothing you should be scared or ashamed of. If anything, they shouldn't have compromised their relatioship with you earlier. They should know better. And that's probably their internal procedure to involve someone higher up when there is an issue - it's much easier for the accounting guy. I'm sure he'll want to run over their procedure, contract, rules, bla bla bla ... so great!! You'll be able to hear first hand info. And, if you could record the call so you remember little bits that slip through sometimes ... And there is nothing to be apologetic for. Just cold headed, business talk with hints of your arms hugging them warmly already (kind of approach), and no revenge impulses. With a few thank-yous for their offer to discuss this in detail bla bla. I know it's easy to say it, but don't be afraid. I think you are actually more interested in what are they going to say than actually being scared, you love the "challenge" (if it could be called that ). Just get all your confidence together and be open minded, which I'm sure is not much to ask of you, considering your excellence in customer service and the wealth of experience and your genuinity! Good luck, I'm sure you are already feeling all this h1 mass supporting you My signature is distracting people from my wise posts ... Re: Progress payments: "Lock up" definitions? help? 33Jan 29, 2010 11:20 am Dont be scared! For all you know they may be calling to apologise for the mix up! Builder's certainly love to show their efficiency when sending out invoices. Pity the same couldnt be said for other issues that arise. Dont be apologetic either when someone does call. Just keep asking yourself whether you think they would pay an invoice or accept an ivnoice for work that hasnt been done yet... Re: Progress payments: "Lock up" definitions? help? 34Jan 29, 2010 12:31 pm We had the same issue on ervery stage the invoice goes out when the web site says the stage is complete. It never was and one time we wait 5 weeks before paying. But on the FIxing stage it wasn't really finished but they said we are 80% done so we paid it. Figured we won most of the battles. But our contract states 80% is classed as finished I guess yours doesn't. Hopefully the phone call wasn't too bad..... Forum thread viewtopic.php?f=31&t=22300 5 6812 1 4693 8 6138 |