Browse Forums Building A New House 1 Jun 05, 2011 6:40 pm On friday we receive our first letter claiming 3 rain days. I'm okay with this in principle I know its in our contract but this is what I dint get, we havent started to build yet! So far we have had some road base delivered to site but other than that nothing so soil has been turned! Is it right that they can claim these yet? Re: Rain days. Is is possible to have them yet 3Jun 06, 2011 8:21 am Assuming your builder has initiated their planned (though perhaps not actual) site start, the rain days could be considered reasonable, even if they haven't actually broken ground on your site yet. The builder could reasonably argue that delivery of materials, access, water / power connection, availability of contractors (etc) were delayed by the rain. Often rain delays contractors completing another job and so they have to come back and finish that before moving on to yours, delaying your start. Matt's Brando: viewtopic.php?f=31&t=46340 Started March 30th 2011 PCI July 15th Re: Rain days. Is is possible to have them yet 4Jun 06, 2011 8:50 am Trinity Had you received written notice from your builder advising what day the 'building works' commenced, prior to this notice? No we haven't received anything in writing as yet. We still haven't signed off our final work order plans as I've been waiting for mistakes to be corrected. Re: Rain days. Is is possible to have them yet 5Jun 06, 2011 8:51 am DrMatt Assuming your builder has initiated their planned (though perhaps not actual) site start, the rain days could be considered reasonable, even if they haven't actually broken ground on your site yet. The builder could reasonably argue that delivery of materials, access, water / power connection, availability of contractors (etc) were delayed by the rain. Often rain delays contractors completing another job and so they have to come back and finish that before moving on to yours, delaying your start. I get what you are saying but should they have to let me know even verbally that they have started the contract date? so i can keep count of the days. I guess I'm concerned that rain days are being claimed even before the official start date. Re: Rain days. Is is possible to have them yet 6Jun 06, 2011 8:55 am True kdgirl, they can't have their cake and eat it. Either the contract time countdown has begun (in whihc case rain days are OK) or it hasn't. Demolition August 2009, Construction Started September 2009, Completed December 2010 Re: Rain days. Is is possible to have them yet 8Jun 06, 2011 10:58 am With our builder, the day the site was cut was classified as the first day - if you haven't had anything done yet, then you haven't started, and they therefore couldn't claim a rain day yet Re: Rain days. Is is possible to have them yet 9Jun 06, 2011 11:28 am Check what your contract says. Mine (an HIA contract), clearly states that the builder must give written notice of the date that building works commences. Ring your builder/admin (email as well for records) and say you believe the rain days letter has been sent in error as the building works have not commenced, nor have you received a letter confirming the building period start date. Re: Rain days. Is is possible to have them yet 10Jun 06, 2011 11:53 am If the rain days are used before the house is commenced doesn't that work in the owner's favour down the track? That means there are less rain days they can claim once the building has commenced. That is the way it would have worked for our contract anyway - so many days were allowed for rain and once they were used the builder just had to wear it. Re: Rain days. Is is possible to have them yet 12Jun 07, 2011 11:42 am I only signed off on our work order (plans) yesteday as it has take a month to get them right. I haven't received official "authority to commence construction" yet either. I have sent an email to my CSR letting her know i have received a letter claiming the rain days and if she could therefore tell me the offical construction commencement date. I think it has to go from the 20 days after receiving the construction cert which would mean commencement would have been 25th May but I want it confirmed in writing by them. I also mentioned that I hadn't heard from our SS yet and if she knew when work would start on our site. Hopefully I will get a response soon. Re: Rain days. Is is possible to have them yet 13Jun 09, 2011 1:10 pm I have in writing from my CSO that if the site start date hasn't yet occured then the rain days cannot be included. My frustration now is when will site start! We got out Construction cert on 5th may so it just seems like ages to wait. Apparently they are waiting on the peg out to be done before they will start on site. Hopefully this will be this week but no guarantee. 8 6137 I'll be here once a week, lets make that Mondays. If you have a question, this will be the day I will log in for a look around.. If your lucky, sooner. Ask away...… 0 6363 yes it is possible but watch for noise transmission, decouple as best you can. Maybe wider top and bottom plates with 70mm studs to allow the cabinet to be recessed fully 1 6636 |