How often do you visit your site?

TeslaCyberTruck · Jan 10, 2020 10:51 pm

Norfolk

@Gaudi Exactly my experience with Metricon in Sydney. 6 site supervisors and finally one building manager supervising the build over an 85 week build, including legal action. Contract build time was 42 weeks. In the end the quality was reasonable, but I had to work hard for it (and pay extra rent etc. over the additional 43 weeks), dealing with a lot of BS and learning a lot about the industry in the process.

There were 6 different (separate) SS during the 85 weeks (600 days) or you had multiple SS overlapping at the same time?

Who did you use for your legal action - your conveyancer lawyer or you had to hire a totally different new lawyer? What type of lawyer was it if so, and how many weeks were they hired for and how much did that cost (including GST)?

Gaudi and Norfolk as Jo0853 asked did your lawyer while inspecting the building contract at the beginning have a clause added in to the original for a 'penalty payment' incase it turns out like it did for you both?

Norfolk · Jan 11, 2020 10:51 am

Hi TeslaCyberTruck and Jo0853 There were 6 different SS one after the other, then Metricon's building supervisor finally took over personally to address the defects once they realised they could no longer bluff, bully and BS me. I used a suburban solicitor with building dispute experience for strategic and tactical advice plus checking my dispute letter drafts before I sent them to Metricon. Twice he had to send legal letters directly to Metricon, however. The legal action resulted in a time bound rectification order made be the NSW Department of Fair Trading, which Metricon breached anyway, taking an additional 5 months to complete most rectifications beyond the deadline they had agreed to following mediation. Metricon inadvertently sent me some of their internal emails about this issue which provided interesting reading about their attitudes and behaviours. Some defects i just had to ultimately accept, unfortunately. The solicitor's engagement was on an as required basis over a period of about 9 months, billing for about 10 hours at $550 (inc. gst) per hour. My investment of time and stress was also significant. Regarding a 'penalty payment' clause: When I checked the contract I was naive about the liquidated damages clause in the HIA contract, overlooking specifically how unfair Metricon's damages amount was at $30 per working day after the contract build time of 42 weeks (less rain days) compared with my rent and storage etc costs of about $1,500 per week. This low provision meant Metricon's costs of deliberate delaying tactic are minimal, which they can leverage as required to pressure customers to accept defects because they need to move in. Unfair builders contract terms and such unconscionable behaviours can be challenged in court, however I had neither the finances or the remaining energy to pursue this. Better for the ACCC or a building commission to do this.

Jo0853 · Jan 11, 2020 1:21 pm

Im looking to build but dont know yet which builder, and the advice from friends about Contract Build Time has been one of the most useful pieces of info I have gathered so far. A friend said to start with $500 per DAY and let them negotiate no less than $250per DAY to cover rent/storage/inconvenience etc.

Norfolk · Jan 11, 2020 1:45 pm

Without realistic liquidated damages for builders' delays, the contract build time is just nominal only, almost meaningless.

domwild · Jan 11, 2020 7:47 pm

Sorry to read of your problems, Norfolk. The industry has political support from industry and unions through lobbying. My architect made mistakes, the builder is making mistakes and so do I and I just keep paying. I tried to be smart, got my own floor plan ($1,000, TAFE designers charge $750), soil report and contours and earthworks quote and got quotes from three builders.

The advantage of getting quotes with your own floor plan is that things are a bit more competitive; one builder dropped $10,000 once he was told he may be out of the race.

Gaudi · Jan 12, 2020 12:31 am

TeslaCyberTruck

Any private consultants (independent building inspectors) you would recommend or have heard good things about that service the Melbourne area?

I used David Seville of Seville inspections for my additional inspections and for meetings on site with the builder when I felt I was hearing BS or was not being heard. I have recommended him many times since.

Building expert/Branko and company Darbecca are 2 others that have very good reputations as being thorough and knowledgeable. There is a list that a forum member has helpfully compiled with a few more recommended consultants.

domwild · Jan 12, 2020 1:57 am

Any good building inspectors in Perth, which can be recommended? I am still hesitant using inspectors as the builder can still disregard the reports.

TeslaCyberTruck · Jan 12, 2020 12:27 pm

domwild

I tried to be smart, got my own floor plan ($1,000, TAFE designers charge $750), soil report and contours and earthworks quote and got quotes from three builders. The advantage of getting quotes with your own floor plan is that things are a bit more competitive; one builder dropped $10,000 once he was told he may be out of the race.

Hey domwild - which 3 builders were your final 3 and which one did you end up selecting?

How does one get 'own floor plan' who does one go see? Does that mean we can go see a volume builder and they will build as the TAFE student(?) has drawn it up? Or when using a volume builder are you stuck with the floor plan they put in front of us?

jacksonfunkdelhorno · Jan 13, 2020 11:24 am

domwild

Any good building inspectors in Perth, which can be recommended? I am still hesitant using inspectors as the builder can still disregard the reports.

Hey domwild, we used BCIWA for a practical inspection after the event. Unfortunately we didn't realise that the bank didn't do any checks as part of the progress payments.
The chap they sent was very thorough, picked up on all sorts which we're still waiting for remediation/defect fix!

And in reply to the topic thread, we went to site at the weekends averaged monthly as the walls went up, then fortnightly as stuff was getting installed. We still missed things though :-(

Cheers

TeslaCyberTruck · Jan 14, 2020 6:43 am

jacksonfunkdelhorno

domwild

Any good building inspectors in Perth, which can be recommended? I am still hesitant using inspectors as the builder can still disregard the reports.

Hey domwild, we used BCIWA for a practical inspection after the event. Unfortunately we didn't realise that the bank didn't do any checks as part of the progress payments. The chap they sent was very thorough, picked up on all sorts which we're still waiting for remediation/defect fix!

Thanks for sharing the details about Ashley Coleman's company BCIWA