Browse Forums Building A New House 1 Feb 13, 2011 3:47 pm Hi everyone, Here is our drama. We paid our deposit with a major builder in NSW in July 2010 and they carried out a survey on our block. Tender 1 in Oct, 2010 and Tender 2 in November, 2010. After some negotiations, we accepted their tender and paid a further deposit to request contract, being promised that the contract will be exactly the same as the tender shown to us plus the changes we asked to make. We got our contract in Jan, 2011 and there were 13 clauses added to it and they were not shown on the tenders at all. Some of these are not cost related but some are. In their tender they never mentioned any work/cost related to a sewer main running along our fence line and in the contract it added: 1. Provide additional fees for Water Authority stamping due to Building Over or Adjacent to the Sewer main $1885 2. Provide a sewer location peg-out to determine its location on site in relation to the boundaries $1030 3. Provide Engineers structural details for building adjacent to the sewer main. $320 In the contract they mentioned we should provide safety lagging (Tiger Tails) to overhead wires, as required. This was never mentioned in the tender. About the site costs, in the contract they added: 1. Unless specified, this tender contains no allowance for piering sleeves, timber driven piles, screw piles, bucket piers or any other piering or strip footings. 2. Unless specified, this tender contains no allowance for any rock excavation or removal. They also added that the owner is to arrange for final restoration of any public amenity after completion (roadway, footpath, etc.) We provided with them all the info we had in the beginning and paid for a land survey. The block has not changed since we started working with this builder. I asked our sales rep. about this when we went to sign the contract and she said their company is not going to bear these costs. Of course we did not sign the contract on that date. My question is, if these are the costs to be paid by us, why they were not listed in our tender? These costs added are not small amount and I am not happy with it at all. Any suggestions what I should do? Does anyone had similar experience? Thanks! Jessica Re: Help! Contract content and Tender content not the same?? 2Feb 13, 2011 6:31 pm hi Its not unusual for site costs to increase once the company starts design Until you pay the deposit I don't think many of them look at the site conditions at all. Unfortunately I think you will either have to pay or walk away and struggle to get your deposit back. Although the additional site costs seem a lot other people on this forum seem to have paid much more The Harder You Try - the Luckier You Get ! Web site http://www.anewhouse.com.au Informative, Amusing, and Opinionated Blog - Over 600 posts on all aspects of building a new house. Re: Help! Contract content and Tender content not the same?? 3Feb 13, 2011 8:40 pm Thanks bashworth! If the contract price increased due to things unable to be foreseen, I wouldn't think they are unreasonable. For example, the clause about us paying for the cost if the rocks are to be find at the site. Why did NOT they even mention it in the tender? They could have put it in the tender and if I can accept it, I sign the tender. If I could not accept it, I would not even request for the contract. Also the works due to the sewer main. The sewer main has been there since the beginning and they knew its existence. Why did NOT they mention these works and costs related in the tender? That's what I feel is very wrong. Or it's just me? Re: Help! Contract content and Tender content not the same?? 4Feb 13, 2011 8:47 pm I am not saying its right, but its the way that all builders seem to work. It frequently causes problems to clients particularly when they haven't budgeted for additional costs The Harder You Try - the Luckier You Get ! Web site http://www.anewhouse.com.au Informative, Amusing, and Opinionated Blog - Over 600 posts on all aspects of building a new house. Re: Help! Contract content and Tender content not the same?? 5Feb 13, 2011 9:57 pm bashworth I am not saying its right, but its the way that all builders seem to work. It frequently causes problems to clients particularly when they haven't budgeted for additional costs Thanks for your input. I am sure there are honest builders out there. And for those who are not honest, shouldn't we fight for our rights or just put up with it because they do it all the time? Even if I had the money, I would not accept to pay for these after both sides settled on a deal. Don't you think? It's like I ask them to put in a spa for me at their cost after I signed the tender. Isn't that ridiculous? 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