May 27, 2010 11:01 pm
We are building our first home and we are having an issue and was wondering what our rights are.
We are having aluminium stacker doors at the back of our house. The original master plan of the house that we are building has a 2700mm long door. On the plan that they have given us of our house it has a 2400mm long door. We did not pick up on this until they installed the door in. Since we did not know what the codes on the plan meant. We have already signed off on the plans and the house is already up to plastering stage. l'm just unsure as to why they have made the door smaller. Is this something that l should bring up with the builder or is it too late?
Handover date 3rd August 2010
Re: What are my rights?3
May 28, 2010 12:03 am
A contentious issue... if you bought from a display, it's a reasonable argument to say that you get what's displayed. In any case ask... loss in value maybe $300... loss in happiness... Talk.
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Re: What are my rights?4
May 28, 2010 1:09 am
Eds point is correct and is sometimes used in law ( what you saw is what you should get). However, is 300mm worth the pain try to get a few bucks back of the builder for your disapointment.
“It's just as unpleasant to get more than you bargain for as to get less” George Bernard Shaw.
Re: What are my rights?5
May 28, 2010 8:00 am
It might be a question of bricks and being able to get more to patchup after they remove those they need to. We needed to have a door moved as it wasn't according to the plan. S.S. picked this up, I thought I had made a mistake and the door just wasn't where I expected it. It's wasn't a massive deal at bricking stage. I can't see how it would be that much tougher after plastering. They just need to order in the new door and replace it. I'm pretty sure others building have had windows replaced on H1 before. Someone last year quite near the end of their build from memory. I just can't remember who.
On the other had if you are willing to compromise on this they should provide some compensation for the mistake.
Re: What are my rights?6
May 28, 2010 8:54 am
Your "construction drawings" (should be attached to your Building Permit) are deemed as true and correct; in our case these differ slightly to the ones included in our contract (but supercede them). From memory the only things different are anything we have changed via a PCV and also changes made to meet ResCode requirements.
If you convince your SS or CSO that you specifically requested that type of door (based on seeing it in the display) when developing the quote with your SC, and because it is on the master plan that way, you didn't think to double-check it, you may get more favorable treatment. You can only ask, and they can only say no !
However I daresay that to change it now would require changes to be made to the framework, which may or may not affect the structural integrity - you may need your engineering to be redone depending on the loads that part of the frame supports.
Built a Tribeca 44 with the Big M
Sales Accept 15/06/09, Contract Signed 24/09/09, Site Start 23/11/09, Slab 11/12/09, Frame 12/01/10, Roof 20/01/10, Lock-up 30/03/10, Fixing 30/04/10, Handover 27/08/10.
Re: What are my rights?7
May 28, 2010 10:02 am
You've signed off a final drawing with 2400mm doors. I'd say legally you dont have a leg to stand on as they have provided what was signed off on the final drawing. And at the end of the day, you are talking the width of 1.33 standard bricks in lost "door" space.
But if you paid more for the 2700mm as an itemised extra, then you'd be within your rights to have it changed or demand a refund.
Re: What are my rights?8
May 28, 2010 12:48 pm
Also, if they were to change the door now, since it is on an external wall, you will need to re-submit to council before they can move it (is much faster than initial council approval though, we did a similar thing and it was approved overnight)
Re: What are my rights?10
May 30, 2010 10:04 pm
Do not under any circumstances accept the difference in price. If you asked and you still want a 2700mm door then you should get one. Watch out that they might use this to delay your house. I would say your biggest issue is not the door but the whole house in general regarding the build. If they managed 2700mm doors then what else they have done? I would organise bi-weekly site meetings with the site supervisor (even though as a consumer paying top dollar we shouldn't have to baby sit them).
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algernonIndependent Building Inspector Queries and My rightsIndependent Building Inspector Queries and My rights
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