Browse Forums Building A New House 1 Nov 25, 2010 9:50 pm Hi guys, I've tried searching for old topics (to no avail) & just have one quick question. How do you know which date to start the "building period" on under a standard HIA contract? I started from the date of site scrape when the toilet & skip were also delivered, my builder has calculated from 10 days later when I had my "site start interview" at their office but according to the contract they could calculate from 5 days later when they sent me a letter (pursuant to the contract) notifying of site start- I'm confused! Just about to start arguing with them so wanted to gauge the collected wisdom of H1ers to back me up Thanks! Re: Calculating "building period" 3Nov 25, 2010 11:46 pm site start is when they start scraping the site. The letter they sent should reflect this date. Also keep in mind that (depends on your contract / state reg) they must start work on site within x date of obtaining building permits (i.e can't delay site start forever). It helps to have photographic proof of site scrape dated. Re: Calculating "building period" 4Nov 26, 2010 6:51 am TheOK ..is it important enough to argue over? A 10 day difference could mean hundreds of dollars of compensation for going over the build time. Metricon Riva 33 - http://herlihy-riva.blogspot.com Site start 15/03/2010 - Handover 23/12/2010 9 months and 8 days (284 calendar days) from site start to handover Re: Calculating "building period" 6Nov 26, 2010 2:22 pm Site scape is the start date! Take pics with the date stamp enabled. Also keep a diary of everything that happens(phone calls,conversations with CSO,building progress-dates materials arrived on site etc) My builder waited until i rang them on the 19th working day of the 20 allowed and told them i have read the HIA contract book back to front and i want to know when they think they will start? 20mins later i get call back with a site scrape booked for the next and final day! Beats me why the drag it out to the last second all they are doing is encouraging a angry customer from day one duh! Re: Calculating "building period" 7Nov 26, 2010 2:25 pm No not for that much its not worth the drama. As long as you have your keys now and just make sure they do their job in regards to maintenance problems. Re: Calculating "building period" 8Nov 26, 2010 9:09 pm dragonflychic No not for that much its not worth the drama. As long as you have your keys now and just make sure they do their job in regards to maintenance problems. I kind of agree with this, for the sake of a couple of hundred dollars is it worth being ** around with maintainence issues. But if they are well over the due date then i would push for it I would say construction has started as soon as they have put up their fence and taken posession of your land Re: Calculating "building period" 9Nov 27, 2010 9:43 pm Yeah I don't have keys (now 3 months after PCI) & am unlikely to get in by xmas at the rate they're going. So I guess I'm a bit grumpy & just want to get everything I can out of them for the pain & suffering they have caused. And thank god I have taken numerous photos (with dates) & kept a diary of what has happened each day & conversations had. Re: Calculating "building period" 10Nov 27, 2010 9:47 pm Grom40, May I ask why it has taken so long? I know not all builders are the same, but don't they have to rectify the issues within a specified timeframe? Re: Calculating "building period" 11Nov 27, 2010 10:27 pm Hi flagstaff, The main reason is because my builder has a plumber who is useless (to put it lightly) & has flooded the house 4 times. Most recently the damage caused has meant a vanity, carpet, skirting boards, plaster, & architraves have all had to be replaced. Re: Calculating "building period" 12Nov 29, 2010 11:24 am Oh gosh Grom! That is disgusting!!! I would think that if they were unable to rectify the issues within two weeks of the PCI date, then they should recalculate your liquidated damages. I really hope it all works out *fingers crossed* for a good outcome Btw, are you in the house now? just curious hehe Re: Calculating "building period" 13Nov 29, 2010 4:28 pm Nope flagstaff, still not in. I went to a meeting with the manager today and he said everything will be done by this Thursday - let's just say I'll believe that when I see it *sigh* The problem is if liquidated damages don't start til the 6/12 then I won't get anything for all of the pain and suffering they've put me thru. Although to be honest just having this whole nightmare over (and a certain builder out of my life) will be nice! Re: Calculating "building period" 14Nov 29, 2010 5:03 pm All talk... Have you spoken to someone from the Building Commission yet? Maybe they can give you some ideas before you send in your complaints to your builder? Re: Calculating "building period" 15Nov 29, 2010 9:12 pm Sadly I think the date they officially notify you that construction started rather than when they arrived on site might end up being held up from what I've heard from other people's experiences with liquidated damages. The other thing I discovered through someone else is that they take the rain days from the bureau of meteorology. HIA contract doesn't state how much rain is required for it to be counted as a rain day. Therefore even .5mm could be technically a rain day. Or a clear sunny day and raining overnight. For sites like mine where the soil drains freely and rain has not delayed our build at all. Framers worked in the rain. Brickie didn't seem to work whether it was raining or sunshine. His 10 day job took him 5-6 weeks. Then LONG periods without anything being done rain or shine. I've counted up rain days from BOM and have 57 rain days since construction started. That's 11 weeks more weeks really before they would be likely to pay us liquidated damages. Re: Calculating "building period" 17Nov 30, 2010 1:56 pm I believe that In Victoria ( at least) the builder must notify you in writing with 7 days of any days they aim to claim as rain days as per the contract..... Deemaree Kyndylan Capers: viewtopic.php?f=36&t=46852 My blog: http://www.sufficientlysufficient.blogspot.com/ Re: Calculating "building period" 18Nov 30, 2010 2:23 pm In the standard HIA contract under Schedule 5 A. Interpretations. " 'Commencement' means the day on which the Building Works commence on the Building Site" It is written exactly like that with the bold words. Because it is quite vague, they will not include site scrape etc as building works. My contract actually has a special condition (added by the builder) to say that commencement means "the day on which excavation works for the building works commence". But excavation is for the building works, not part of the building works. Unless it is stipulated seperately, they will not count excavation as your start date. It's bullsh*t, but that's how it is. I leave you to fend for yourself, figure things out yourself. 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