Browse Forums Building A New House 1 Mar 03, 2011 2:27 pm Hi Guys, Looking for some feedback on a dispute I am having with my Builder Quick background - Doing a custom build with a local Perth builder. Lots of drafting errors along the way (70 raised by me to get fixed prior to starting build) Anyway one drafting error was not picked up by them or ourselves. Our Shower head was drawn on off centre of the Shower recess. Should have been marked as 450mm from the corner and a typo saw it marked as 405mm. Plumber put in as per plan at 405mm, We inspect and notice it is out. As its 400 on one side and 500 on the other so easy for the eye to pick up At this stage no Tiles on so easy to rectify and notified Builder as soon as it was spotted so they could fix easily. However..... Builder has come back and said that's a Variation. Pay us the Variation Fee ($350) plus plumbers cost to fix (~$300) plus renders to coat over (~$250) (Which isnt needed but another story) So I know legally I have signed the plans and said they are Ok however I believe at least morally they need to rectify. Some things need to be taken as a given in my book. To do now would cost them maybe $100 - $150 in plumbing fees In my view a Builder is responsible for getting some basic things right like Toilets in right spot in a room, Centred and distance from walls. Same with Taps and showers. I was meticulous going through my plans but not so meticulous to notice they had typed in 405mm instead of 450mm Thoughts??? https://forum.homeone.com.au/viewtopic.php?f=38&t=44762 My Owner builder journey extending a 1930's Bungalow Re: Mistakes in plans 2Mar 03, 2011 2:47 pm Unfortunately as you said - you signed the plans as being correct. It would be nice for them to wear it but they have the right to say it is a variation. Good luck but in this case the builder has the "win". Some things are worth waiting for. Re: Mistakes in plans 4Mar 03, 2011 3:31 pm kb46 Perhaps leave the shower outlet where it is and fit a rail shower? Hmm That's a very good idea. Simple workaround and will sort the problem. I was considering getting my own plumber in there to move it over as no tiles on and no one would be the wiser other than me but just as cost effective to buy a rail shower (Yes I know not ethical to move etc but nor is putting my shower in the wrong spot) https://forum.homeone.com.au/viewtopic.php?f=38&t=44762 My Owner builder journey extending a 1930's Bungalow Re: Mistakes in plans 5Mar 04, 2011 7:14 am I think that morally he should fix it. But he doesn't have to, he's got the contract on his side. So you have to rely on goodwill, or make a deal with some other area in the house. If he's asking for the variation fee for something as simple as that, then I am guessing you can't rely on goodwill to get it fixed. 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: Mistakes in plans 6Mar 04, 2011 11:16 am Well just a little update I spoke to the Builders Registration board. They were surprised the builder was playing hard ball on this being that it is such an easy thing to fix prior to Tiles going on. He suggested if they won't come to the party to lodge a Complaint with them. Cost $32 to have heard however he said that although we have signed the plans there is still an obligation for the builder to provide quality workmanship and product. Some things would be expected to be "standard" and unless I had requested the Shower to be off centre (Which I had not) then the builder should be getting certain things right. Only downside of this process as it can bring work to a halt on site whilst the dispute is heard. Anyway in my case I am not going to push as will go with the Shower rail option, however may be handy info for someone else down the track having a disagreement with their builder. A threat of going to the Board may be enough to push them into line. https://forum.homeone.com.au/viewtopic.php?f=38&t=44762 My Owner builder journey extending a 1930's Bungalow Re: Mistakes in plans 7Mar 04, 2011 11:31 am This is way too close to home for me at the moment! I agree that the builder in your case is being petty and just wants to rip you off...Any chance they can allow you to send a plumber you have organised & paid for before the tiles are put on? How hard is it to change after handover? We are going through similar situation - tiles that are layed throughout house have white grout instead of dark grey that we chose. But...on pre-start day we signed two pieces of paper, one is the contract that has our correct grout and refers back to tile selection sheet we did at Crosby tiles, another is a purchase order the builder sends off to tile supplier with incorrect (white) grout. Issue is we have signed both...We have lodged dispute with builders tribunal so we just have to wait and see We know it may go in the builders favour as at the end of the day we have signed approving the wrong grout... It doesn't change the fact that they made an error with the grout reference number to begin with..! I don't know anyone else who has gone through the tribunal or in what favour they usually go, so we are just crossing our fingers that they see our side of the story, and for $32 its worth a try! The road to success is always under construction House completed April 2011 - slowly making it a home... Re: Mistakes in plans 8Mar 04, 2011 9:05 pm Quote: We are going through similar situation - tiles that are layed throughout house have white grout instead of dark grey that we chose. But...on pre-start day we signed two pieces of paper, one is the contract that has our correct grout and refers back to tile selection sheet we did at Crosby tiles, another is a purchase order the builder sends off to tile supplier with incorrect (white) grout. Issue is we have signed both...We have lodged dispute with builders tribunal so we just have to wait and see Oh dear - For what it's worth I would be arguing that the Builder has made an administration error that was out of your control. You have really 2 pieces of evidence to prove that the Grout you chose was in fact what should have been used. 1 - The Tile suppliers will have a record of your selections (Go get a copy for yourself if you don't have one) 2 - The Contract also refers to the correct grout Somewhere they mucked up and put in the wrong grout on your Purchase Order. You are not expected to know the grout code and it is up to them to transpose that data correctly from one document to another, which they have not done. Probably a copy of someone else's order and they type in your data but just didn't update it all correctly. Whatever the reason if you can prove you chose Grout X at Crosby tiles and Contract also says Grout X but PO that builder typed up says Grout Y then builder mucked up not you. You are not the administrator and are employing them to send the right info to suppliers. I think you have a very good chance of winning if above is correct. It may however come to they will push for an agreed settlement. ie They financially compensate you for the incorrect grout. If it was me I would play hard ball and say Fix it. The money isn't the issue just fix it (And it can be done will just cost them more than they wish to spend and easier to drop there bill but a few hundred rather than fix) Anyway good luck. Let us know how you go but if above is correct you have a strong case IMO https://forum.homeone.com.au/viewtopic.php?f=38&t=44762 My Owner builder journey extending a 1930's Bungalow Really tight at the top of the stairs- how to get furniture into those rooms? Study books - does anyone really use them these days? Large storage closet would be more functional. 2 6886 Ask the council if there is a chance of getting build over easement exemption. Sometimes easements are unused and 24cm is not all that much. Good luck. And yes any builder… 2 13773 If there have been changes, variations, during construction then the drawings should be revised, the building permit amended and the current, as built drawings given to… 2 4488 |