Browse Forums Building A New House 1 Nov 14, 2007 5:30 pm All,
knowing the terrible reputation of the Big M builder (see reviews on bestbuilder.com.au) i nevertheless can not resist the appeal of their Gradview 27 design. In respect to this situation I'm wondering if it is possible to deter a progressive payment (or at least the final one) untill all faults discovered by an independant inspector are fixed. I guess the contract should be modified to reflect this condition. Has anybody tried? Slon Re: Deterring progressive payment untill all faults are fixed 2Nov 14, 2007 5:47 pm Internal and External Building and Colour Consultant Online - Worldwide http://www.denovoconcepts.com Re: Deterring progressive payment untill all faults are fixed 3Nov 14, 2007 6:57 pm i wouldnt recommend it. If you delay payment - they delay longer, and you are likely to have a house that takes over 3 years to build.
We loved th Aspen by M but after so many stuff ups we had to cancel for our own sanity. We were able to find a design by Adenbrook that had all the same aspects that we wanted. And whilst it felt disappointing at first - now i love our new choice and have forgotten the difference between the original choice. Plus watching other peoples difficulties with M has shown us what a big headache we avoided. But in the end the decisions is yours and you need be happy. Just build it the way I want and everything will be okay. Re: Deterring progressive payment untill all faults are fixed 4Nov 14, 2007 9:02 pm You can be witrhin your right to withold payment, as can your bank. If there are major issues that are not rectified and the bank is not happy, they will not release payment. Adrian B Re: Deterring progressive payment untill all faults are fixed 5Nov 14, 2007 9:15 pm I think you mean defer? Re: Deterring progressive payment untill all faults are fixed 6Nov 14, 2007 9:22 pm parker I think you mean defer? Or substitute 'with-hold' Note: You are asking folk what may actually be a LEGAL question. Perhaps you should seek LEGAL ADVICE before proceeding. Not trying to DETER you! Good luck with it! Ash. Re: Deterring progressive payment untill all faults are fixed 7Nov 14, 2007 9:40 pm The banks can with hold payment until the stage meets specifications. You need to remember that banks need to make sure that they can get their money back if needed. Theefore they have a vrested interest in ensuring that the house is correctly built. Our friend's bank withheld payment for final stage as the aluminium alfresco doors ordered were delayed, and temporary slidng doors were put in place. . It wasnt until the bank had a letter of undertaking from the builder that they released funds. Adrian B regardless, your contract stipulates a payments schedule and SOPA doesn't give provision to that scenario. Your contractual terms appear to stand. Hence get a lawyer, it… 4 12140 There is no reason why building contract reconciliation cannot be done prior to handover, if the builder won't do it get someone to do it for you. Why would you pay for… 3 6819 Thank you so much everyone. This all makes a lot of sense. I guess when you talk to a builder who butters up everything to look very polished, you get to start believing… 7 19217 |