Browse Forums Building A New House 1 Apr 14, 2011 10:24 am We have been council approved, received our building certificate etc. and have been waiting for our build to start, so far all we have is a porta loo on our block. This morning I received an email from the builder wanting us to sign 2 variations. The first is Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ So I'm wondering why we weren't notified before now? I was under the impression all prices were now fixed? The second Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ No idea what this means? Clause 2.1 states "The builder must carry out and complete the building works in accordance with this contract" Are they wanting an extension because they are taking too long to start? Any help will be greatly appreciated. Re: Post contract variations requested by builder ? 2Apr 14, 2011 10:56 am Hi Selina, I'd be asking your builder for more information before signing anything; in particular you need to know what (or who) "DA" is, get a copy of the "conditions" they are referring to and also get a break down for the prices of each of the items listed (instead of just the total figure). As for the second variation I'd say your guess is correct in that they want to extend the date for them to start the build. This may have ramifications for any penalty clauses which apply if they run overtime so again I'd be clarifying exactly what they mean. As for prices being "fixed" at a certain stage; what the builder usually means if that after that date if you want to change anything you have to pay a variation fee whereas if they want to change anything they can do what they like. Luckily for me the only variation my builder added was to purchase some crushed rock for my crossover (as required by the council). Reading between the lines of where you are on your build I'd say that the council has required (as a condition of the building permit) that your builder undertake certain things which they have had to add as variations to the contract. Good luck and remember you are perfectly entitled to ask questions and have things explained to you in detail because you are the customer! Re: Post contract variations requested by builder ? 3Apr 14, 2011 11:04 am The questions is, were these costs known, or should they have been known, before the house price was agreed upon? Demolition August 2009, Construction Started September 2009, Completed December 2010 Re: Post contract variations requested by builder ? 4Apr 14, 2011 11:27 am Thanks for that information, it's all very vague, possibly on purpose? They were meant to start within 20 days of receiving all permits and conditions being met by us etc. that will be up on 29th I think. Here's what was sent with the variations "I have attached 2 variations for your approval, PCV4 is from the Development approval - the stormwater pipes had to be upgraded to 100mm therefor there is an extra charge and BV1 is to extend the prelim date(date all conditions to be met - calculates from deposit) at no charge. Could you please sign the variations and return. If I can be of any further assistance, please do not hesitate to contact me." Re: Post contract variations requested by builder ? 5Apr 14, 2011 11:52 am So, it looks like the $1455 is to upgrade the stormwater pipes from 90 mm to 100 mm. I would call the Council and ask if 100 mm is the standard for all people (in which case the builder should know this and should pay) or whether there is something specific about your place (in which case find out the difference in price between 90 mm and 100 mm sewer pipe). Demolition August 2009, Construction Started September 2009, Completed December 2010 Re: Post contract variations requested by builder ? 6Apr 14, 2011 12:13 pm In regards to the stormwater my other half has checked and the only reason they would need to be upgraded is if they went under concrete (or something like that) so he said we are not paying it, so that is sorted. In regards to the extension I see no reason why they want another 20 days from 5th May to start, she blamed hold ups in council and hunter water when talking to hubby, but everything was approved by 31st March so in my opinion that gives them until 28th April to start. I don't see how they are entitled to ask for more time? What will happen if we don't sign? Re: Post contract variations requested by builder ? 7Apr 14, 2011 12:17 pm Here I was thinking the arrival of the porta loo last week meant they were about to start There has just been one hold up after another, we've been trying to get this house built since last June Re: Post contract variations requested by builder ? 8Apr 14, 2011 12:40 pm Be careful with the time extension. Do they want you to sign (I wouldn't) or is it a notification that you need to object to within a certain period (in whihc case you need to respond saying you do not accept the time extension). To be safe, I would tell them, in writing, that everything was approved by 31st march, therefore according to the contract the start date is 28th April. (It's pretty bad when they are asking for extensions and you haven't even started building.) Demolition August 2009, Construction Started September 2009, Completed December 2010 Re: Post contract variations requested by builder ? 9Apr 14, 2011 12:59 pm Thanks Casa, hubby is going to speak to them again shortly, and if not happy with their response we will put it all in writing. It's also a bit hard to object when they haven't made it clear what exactly they are asking for, I see no definition of what a "preliminary requirement date" is exactly? The lady we deal with is lovely and has been very easy to deal with, it's getting a bit ridiculous how long this is all taking though. Re: Post contract variations requested by builder ? 10Apr 14, 2011 1:06 pm regarding the DA amendments - you probably have in your contract that site costs include 90mm pipes but if council requires a more detailed storm water drainage plan it may have required an upgrade of pipe size. This has happened in our estate. regarding the preliminary requirement date - is that referring to the date in which all permits (i.e. water board approval, DA approval, and construction certificate) have to be obtained by or you are subject to any price increases etc?? if so it sounds like they are extending the date for you which is a good thing? When is/was your preliminary exp period date? Re: Post contract variations requested by builder ? 11Apr 14, 2011 1:35 pm kdgirl regarding the DA amendments - you probably have in your contract that site costs include 90mm pipes but if council requires a more detailed storm water drainage plan it may have required an upgrade of pipe size. This has happened in our estate. regarding the preliminary requirement date - is that referring to the date in which all permits (i.e. water board approval, DA approval, and construction certificate) have to be obtained by or you are subject to any price increases etc?? if so it sounds like they are extending the date for you which is a good thing? When is/was your preliminary exp period date? Re the pipes, they have accepted we do not need to pay this. With the preliminary requirement date I actually do not know what they are refering to, I just assume they are asking for an extension. All permits were obtained by 31sh March. I can't find any exp period date that you have mentioned. Where will I find this? Re: Post contract variations requested by builder ? 12Apr 14, 2011 1:38 pm I'm not sure if we have the same contract but ours is in clause 45 - Essential matters (45.6). Re: Post contract variations requested by builder ? 13Apr 14, 2011 2:54 pm So I have found the Preliminary Expiry Period Date, it's 20th Dec 2010, so obviously it's past this date. Is the Preliminary Expiry Period the same as the Preliminary Requirement Date? Hopefully this is what the variation is for. Will this affect the date the contract commences (clause 8.2) and their 150 days starts to count down? Re: Post contract variations requested by builder ? 14Apr 14, 2011 2:57 pm selina2106 So I have found the Preliminary Expiry Period Date, it's 20th Dec 2010, so obviously it's past this date. Is the Preliminary Expiry Period the same as the Preliminary Requirement Date? Hopefully this is what the variation is for. Will this affect the date the contract commences (clause 8.2) and their 150 days starts to count down? to both points I'm not sure, I think you'd have to check with your customer service rep. Re: Post contract variations requested by builder ? 15Apr 14, 2011 3:11 pm Waiting to hear back from her now, thanks for your help It seems very clear to me that your contract states that a security account does NOT need to be established so the answer to the builder is NO. If in doubt find a contract… 1 8510 As title suggests, looking at using the interlocking Pentablock stacked stone products to replace failing timber retaining… 0 17871 So AFAIk the outcomes of the BAL ratings form part of a clause that allows them to pass these costs on to you. However the more relevant detail is how did it go from 19… 1 9164 |