Browse Forums Building A New House 1 Feb 13, 2011 7:20 pm Need some advise. We are having trouble with the builder, is not able to complete the house, and has also closed office, no answer to tel calls, many contractors are also not paid off The house is half stage complete with framing done, windows and roof fixed. Bricking is half done. We plan to cancel the contract via clause 43 of HIA contract as builder is not honouring contract to complete the work. Plan is to engage a new builder to complete the house. Does anyone know what happens to the 7 year structural warranty if owner cancels the contract as all the structural work was done by the first builder. Tried checking with Insurance, they ask us to contact the builders as they are unable to help unless builder goes under liquidation. Checked with Vic Consumer affairs and they have advised to meet a solicitor. The HIA contract clause 44.1 mentions that any extra amount due to the owner (negative balance) for completing the house can be claimed from the builder and has to be paid in 7 days. Does any one know what happens in such case when builder is not responding to any calls. What else will we need to look out for with the new contractor that will be engaged. any advise to such a situation will be helpful. We are yet to meet solicitors. regards and thanks. Re: Builders warranty for 7 years and extra costs incurred 2Feb 13, 2011 9:58 pm 'Last resort insurance' as it's nicknamed applies to situations where the builder has died, disappeared or liquidated. Even though sometimes the first situation is favourable, disappeared might be your own avenue. This usually applies in normal where the house has been build but the builder has gone walkabouts. For the insurance companies it's a money maker because the likelihood of your builder has died, disappeared or liquidated is slim. Regardless... this will cost you. A construction lawyer that knows their stuff is the way to go. Be warned that they some will try and take you for a ride '$$$$'. In the situation of an unfinished house, I have heard that the insurance company will go as far as assisting you to get another builder. I assume that they will avoid being involved because you are required to rely on your contract e.g. clause 43. I assume the new builder will be required to take responsibility of the total build. Joe, it depends on your certifier but we are noticing the ones we deal with are really cracking down. So i would recommend you follow your approved landscaping plans to… 4 10972 Looking to tile the facade pillars rather than rendering. Builder is quoting 2500$ laying cost for upto 10msq. The 2 pillars come to be 16msq. So laying costs are 5000$… 0 7548 |