Browse Forums Building A New House 1 Dec 05, 2010 8:42 am Hi, We have our contract which we are going through and are pretty happy with it (hey it wouldn't be perfect unless they paid me to build my house! ) however I do have a couple of concerns. One is that the attached plans do not include a couple of changes which were made after the plans were sent. These include moving a wall to make the garage bigger and putting in a door between two rooms. Not anything that will change the value of the house but items important to us. I have an updated plan emailed to me. Should I be insisting that the plans attached to the contract be updated or should I be happy to received the correct plan in an email? Also the address for us (not the block of land - just our personal details) is wrong because we just sold our house and moved. Should I insist this be corrected. Late completion damages are listed as $15 per day but I'm going to ask for that to be increased to $30. You never know until you ask . Build period is listed as 211 days (its a big dual occupancy style house). Within the contract it says it is not subject to finance but then within the Special Conditions it says "Further to Clause 7 (which says not subject to finance): we note that this contract IS subject to finance. In the case of Finance not being approved, an official document from the Lending Institution needs to be supplied to N..." Annexure 1 is a Deed of Guarantee and Indemnity which is left blank so I presume is just part of the standard contract but not applicable to us. Any advice would be appreciated. I'm not asking for legal advice, just whether others have had similar sort of contract terms. Thanks! Re: Plans in contract are wrong/out of date 2Dec 05, 2010 9:00 am Make sure you get the correct plans attached to the contract, or at the very least some type of signed statement noting the changes and that they will be reflected on another set of plans. But personally, I wouldn't sign until I had the correct plans in front of me. I have lost track of the number of times on the forum we've heard stories of the builder saying "that's not in the plans you signed off on..." and the owner has no recourse. When you say you are not subject to finance, (I'm assuming you are paying cash without a loan?), that clause is good to protect you, gives you an out if you get in a bind. But if you are paying cash etc, the builder will want proof that you can in fact pay. Our loan amount was less than our build price and we had to provide proof that we had the funds. Some builders insist you open a joint bank account so that they are protected knowing that the funds will be there. I leave you to fend for yourself, figure things out yourself. Terrence Malick Re: Plans in contract are wrong/out of date 3Dec 05, 2010 2:48 pm Plan in the email is not worth anything as it isn't signed. You need proper plan with big red "Final copy" stamped on it. If they build according to old one - it will be too late to fix it. contract 10/11 prestart 04/10 slab 06/10 bricks 07/10 roof 09/10 plaster 10/10 Ceiling 10/10 LOCKUP 10/10 tiling wet areas 11/10 garage floor 11/10 PCI 12.01.11 handover 11.02.11 https://forum.homeone.com.au/viewtopic.php?f=31&t=39361&hilit=malvern+springs We are in !!! Re: Plans in contract are wrong/out of date 4Dec 06, 2010 12:43 pm Sent an email with a list of changes we want, including plans updated, increased damages etc. Lets see what happens! Re: Plans in contract are wrong/out of date 5Dec 06, 2010 12:57 pm Make sure that you get it back as the mail not email. contract 10/11 prestart 04/10 slab 06/10 bricks 07/10 roof 09/10 plaster 10/10 Ceiling 10/10 LOCKUP 10/10 tiling wet areas 11/10 garage floor 11/10 PCI 12.01.11 handover 11.02.11 https://forum.homeone.com.au/viewtopic.php?f=31&t=39361&hilit=malvern+springs We are in !!! Re: Plans in contract are wrong/out of date 6Dec 07, 2010 10:29 am Well I can actually speak from the other side of the fence. My plans were not the correct version in the contract, they were the complete reverse of the build and also had the wrong kitchen layout! I was told that it was just the way that it was done as I was signing the conrtact before the land titled, so had no final levels, etc. Once these were available the plans were recut correctly and it has been built correctly! But if your not in a rush with a deadline to sign (I had the FHOG to worry about), I would also ask for them to be corrected. Some people don't have time to do the job right the first time, but seem to have plenty of time to fix their mistakes. Build Thread Re: Plans in contract are wrong/out of date 7Dec 07, 2010 12:50 pm We signed the contract with a great deal of things missing/incorrect. All these things were changed with variations later. The cost in the signed contract was the cost without the variations of course. While there were no problems here from a legal standpoint, we did (and still are) have to keep a close eye on the build to make sure they built to the variations, and not to the contract plans. Many mistakes were made, but when the appropriate variation was pointed out, they fixed up the problems. I think the build would go more smoothly if the right plans were in the contract. And $15 per day is a joke - if you're renting your real costs are probably more like $40 - $50 per day. 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: Plans in contract are wrong/out of date 8Dec 07, 2010 12:59 pm btherl And $15 per day is a joke - if you're renting your real costs are probably more like $40 - $50 per day. Yes, I was wondering myself how did they come up with this amount. Backpackers hotel costs more then that . contract 10/11 prestart 04/10 slab 06/10 bricks 07/10 roof 09/10 plaster 10/10 Ceiling 10/10 LOCKUP 10/10 tiling wet areas 11/10 garage floor 11/10 PCI 12.01.11 handover 11.02.11 https://forum.homeone.com.au/viewtopic.php?f=31&t=39361&hilit=malvern+springs We are in !!! Unless there is something in special conditions the builder does not have to give you timeline. If your demolition contractor has not removed Asbestos and it was found… 12 28801 You talk about deletions, are they variations or PS and PC adjustments? pleas list them 1 16558 2 31345 |