Browse Forums Building A New House 1 Jun 20, 2010 10:57 am Hey guys, We are buiding our family home with M, and have gone through some difficulties thats for sure!!! Construction began in December 2009 and our completion date before M begin paying us $250 per week is August 17th, 2010. We are currently at lock up and have just recieved the fixing payment request. We are however considering holding off this payment. The lock up payment was made when there was no glazing in the front bedrooms (due to our slab being poured to the incorrect size the windows where only just installed and still have to be glazed), and no glazing in the door frame (as the incorrect one was installed. We have not yet made our fixing payment but the request has been made - however our kitchen and laundry laminate has been done incorrectly - we where after a flint finish espresso colour however the colour that has been applied has a woodgrain to it. We are fairly accomodating people so have spent the weekend out at the house with a sample of our tiles to see if we can settle for the timber look. Unfortunately because the tiles also have a pattern to them there is just too much going on and we need the plain flint finish product. I am concerned about paying the fixing payment as the only payment to remain is for around $20k. We currently have render that is not pigmented, and that has been applied to meet the incorrect door frame which is something we have to talk to our SS about. We have unglazed windows, incorrect laminate and yesterday we found that there is a gap between the slab and the walls in one of the bedrooms - exposing the dirt - so the slab does not meet up with the frame, plaster or fixings. This is something we need to find out about at the room is carpeted and if they think that we are going to be happy with having carpet over exposed air they have another thing coming!!! I am wanting to know what our options are and what the repercussans may be in relation to M paying our $250 per week starting in 2 months as I am highly doubting that they will be finished by then. Any advice on holding back progress payments and any thoughts about what can be done to fix our problems would be great!!! Cheers, Aime Building our FIRST HOME - M3tricon Santorini 29 on 2 acres just West of Warrnambool Re: Holiding Back Progress Payments 2Jun 20, 2010 11:15 am I would be having an independent inspector out to look ASAP. You have quite a list of concerns, but most of all I would think that the gap n the slab is a HUGE issue. If this doesn't meet standards then it may be some major repair work needed to get it right. I'd also consider spending a few hundred dollars on a civil engineer to come out and determine the structural integrity of your slab. This is something that NEEDS to be right or you will be faced with years of problem after problem after problem. I would also expect that you would have a lot of trouble selling the house down the track if there are known problems with the foundations that have not been addressed, and lack of disclosure could be even worse for you if it can be proven that you knew about it (which you do, and this thread is now proof of that). Yes, I'd withhold payment, and I'd make sure that they get it right - ALL of it - now. You're entitled to what is in your contract, so stick to it. Just recheck your contract first to make sure that what you are saying to them really is what your contract states. If they screwed up at contract stage and they have your current colours and finishes in writing and signed off by you then you have no base for making the change to what you really asked for. how stressful... I really can't recommend independent inspectors highly enough - they pick up on so much of this stuff along the way and can really reduce the amount of stress and headaches immensely - especially when the builder has it SO WRONG. Good luck Re: Holiding Back Progress Payments 3Jun 20, 2010 1:45 pm I would send M a letter stating that you disagree that the stage is complete due to the following reasons and therefore can not accept the invoice. Our HIA type contract is not very specific on the payment of progress payments, however it does define the stages and if these stages are not complete then the invoice should not be forthcoming. The other thing that our contract does state though is that payment of a progress claim does not state that the stage is complete and that this can be later disputed. I am not sure why our contract states this because I don't think I would pay a progress claim for an incomplete stage anyway. Our builder was a little clever however and tried to add a clause stating that minor items or repairs did not give cause for a delay in payments. I asked to have this clause better defined, as "minor items" was not clear. Just by asking this question they deleted the clause for me. View our blog at: http://room4acubby.blogspot.com/ Re: Holiding Back Progress Payments 4Jun 20, 2010 6:33 pm Thanks for the info guys. The additional slab design was designed by M's engineering team and then inspected by an independant engineer (both at design stage and on site after the additional slab was added). We have documentation of this new slab design that has been signed off by the engineer so we should be right there. I am definately going to look into an independant inspector though - does anyone know of any Victoria wide companies that are around? As we are in Warrnambool all I am currently finding is listings for other builders. I called M on Friday (just gone) and the signed colour schedule that they have is the same as what we have got - so we are safe there - does anyone know what happens when they replace laminate? Do they just put the new laminate over the top? I am also wondering about the pigmented render? Or contract specifically says that it is pigmented render however the render they have done is white - is it possible that this is a base coat and that they will be back to do the pigmented coat? I have attached some pictures of the crack I am referring to and I think I willl be contacting M about it tomorrow at work. We haven't had a propper meeting to inspect the property with our SS manager as yet so he may say that they will fix everything for us but I just want to see the evidence of that happening...instead of just the finished product. Has any one had any experience in requesting photos of the progress? EG: Photo of the crack now, filled and finally afterwards with the carpet laid? Thanks for all your help guys it is truely appreciated!!! Hopefully we will have some luck soon!!! Aime Photobucket links to photos: http://i201.photobucket.com/albums/aa16 ... obs008.jpg http://i201.photobucket.com/albums/aa16 ... obs007.jpg http://i201.photobucket.com/albums/aa16 ... obs005.jpg http://i201.photobucket.com/albums/aa16 ... obs009.jpg Building our FIRST HOME - M3tricon Santorini 29 on 2 acres just West of Warrnambool Re: Holiding Back Progress Payments 5Jun 20, 2010 7:52 pm Aimeh- I have sent you a PM Deemaree Kyndylan Capers: viewtopic.php?f=36&t=46852 My blog: http://www.sufficientlysufficient.blogspot.com/ Re: Holiding Back Progress Payments 6Jul 23, 2010 9:08 pm So how did you get on with your builder on this one? We have received a fixout progress claim from our builder and they haven't completed the kitchen, tiling or bathrooms yet. I asked them what is included in in the fixout stage which is our second last progress claim before practical completion and they told me it was "skirting, architraves, staircase, basically works that would be completed by a carpenter." Does anyone know whether I'm just being fed a line and whether "fixout" should include kitchen, etc ?? 5 6803 8 6119 My land is 260m2 (10m x 26m) located in claymore NSW. Under campbelltown council. I know in general the following setbacks would apply ground floor side setback =… 0 6897 |