Browse Forums Building A New House Re: SS wants the leftover tiles after handover? (w legal ref 21Jul 18, 2011 1:27 pm I do like Ed's idea of contacting the office or at least telling him you will. I would certainly want to keep more than just a "couple of tiles" we had a problem with the waterproofing in our ensuite and needed to repair the wall and replace 6 tiles just before we sold our last house. We only had 8 spare tiles and 2 were slightly damaged. Just made it. I would have hated to re-tile an entire bathroom because I was sort one or two tiles. Re: SS wants the leftover tiles after handover? (w legal ref 22Jul 18, 2011 1:37 pm I would give the tiles to him. It's not like you can use that many of them. And it's a pretty thin legal argument to say that the tiles are yours because they were left on the site at handover. Would that also apply if he left a shovel or a tape measure on the site at handover? Or if he dropped his wallet on handover day? Obviously not. Section 1.5.1 sounds like you can demand that the builder remove left over items. If he doesn't remove the items then that's a breach of contract and you can sue for damages. It doesn't say that those items belong to you because he didn't remove them. So those unfixed materials which belonged to the builder during construction would still belong to the builder after construction, I would assume. 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: SS wants the leftover tiles after handover? (w legal ref 23Jul 18, 2011 1:40 pm btherl I would give the tiles to him. It's not like you can use that many of them. And it's a pretty thin legal argument to say that the tiles are yours because they were left on the site at handover. Would that also apply if he left a shovel or a tape measure on the site at handover? Or if he dropped his wallet on handover day? Obviously not. Section 1.5.1 sounds like you can demand that the builder remove left over items. If he doesn't remove the items then that's a breach of contract and you can sue for damages. It doesn't say that those items belong to you because he didn't remove them. So those unfixed materials which belonged to the builder during construction would still belong to the builder after construction, I would assume. I disagree. It this case you have every right to believe that they would be yours and there is a clear link. With wallet or similar obviously it has nothing to do with the house. Personally I am thinking the SS possibly needs this for his own needs, which may not be work related. Re: SS wants the leftover tiles after handover? (w legal ref 24Jul 18, 2011 4:38 pm Is it too late for you to say 'well i didn't realise they were yours so i gave them away' ? Realistically you probably don't need them anyway but I would be annoyed to have them chasing up leftover tiles instead of rectifying existing issues with your house. Re: SS wants the leftover tiles after handover? (w legal ref 25Jul 18, 2011 5:51 pm I'm pretty sure that my SS didn't say he's forgotten nor did he explain why he's picking them up now. He just said:'I need to pick up the tiles from your garage, the tiles inside your cupboard are for your own use.' On the surface, it seems to be a simple issue of some stingy home owners not wanting to give away spare tiles. but it's how I was treated that make me question. SS didn't show up on the day he's supposed to fix my issues and collect the tiles, and didn't have the courtesy to call. The locksmith he arranged didn't turn up either. I wasted my entire afternoon waiting for them. stinomus Is it too late for you to say 'well i didn't realise they were yours so i gave them away' ? uhhh maybe not. When he told me, I said 'Really??' and 'okay??' I guess I will simply ask for an explanation when he shows up. stinomus Realistically you probably don't need them anyway but I would be annoyed to have them chasing up leftover tiles instead of rectifying existing issues with your house. well I do need some as reserve but not all of them at the moment. but you've got my point. It doesn't feel right. BCJ, thanks for the information on the tiles. SS once mentioned the renovation he's doing for himself. from the links Rizzo has posted, there was a story of someone's SS building his house using all his clients's leftover bricks. I didn't think down that line of 'personal use' until Ed and kexkez brought it up, and I'd hope that my SS isn't doing that. vlt, love your idea but I'm afraid that my issues will never be resolved as a result... btherl, similar to B STAR, I see leftover tools or wallets as a separate issue. The thing is those tiles were in my living area originally, at that time I was simply told 'By the way, we've left extra tiles for you'. The quantity actually made me very excited. Even if he truly 'forgot' to mention or pick up the tiles on handover. He could at least have the courtesy of explaining to me. Re: SS wants the leftover tiles after handover? (w legal ref 26Jul 18, 2011 8:22 pm I'd hang onto them. I'd keep enough for my own needs, and the rest I'd use as a bargaining chip to get the SS to complete any unfinished work. As for legal arguments, the contract states under what conditions the builder retains ownership of the materials, ie. anything on site prior to handover. The lack of a clause to deal with the event of materials left on site post-handover could be taken as meaning that ownership transfers (which is not an unreasonable conlcusion given the home owner has ultimately paid for said materials). Re: SS wants the leftover tiles after handover? (w legal ref 27Jul 18, 2011 11:03 pm espec if they were left in your house and you were told there were leftover tiles and not told which ones. I would have assumed they'd put a few in the cupboard out of habit and the rest for you to dispose of as you saw/see fit. in this case I'd hang on to a box of them. Can you do the "blame partner" routine? oh sorry my partner thought they were to be disposed of and got rid of them. I thought they were still in the garage. etc? It does happen. also a S.S. usually isn't responsible to any house issues after handover. There is usually a maintenance crew and manager who deal with fixups/repairs etc after hand over. That's an entirely different department. At least in WA anyway. Re: SS wants the leftover tiles after handover? (w legal ref 29Jul 19, 2011 8:21 am kexkez espec if they were left in your house and you were told there were leftover tiles and not told which ones. I would have assumed they'd put a few in the cupboard out of habit and the rest for you to dispose of as you saw/see fit. in this case I'd hang on to a box of them. Can you do the "blame partner" routine? oh sorry my partner thought they were to be disposed of and got rid of them. I thought they were still in the garage. etc? It does happen. also a S.S. usually isn't responsible to any house issues after handover. There is usually a maintenance crew and manager who deal with fixups/repairs etc after hand over. That's an entirely different department. At least in WA anyway. I was just annoyed by the fact that he didn't explain why on the phone or turn up on that day, nor did he have the courtesy to let me know... after I've listened to everybody's advice. I think I will simply ask him for an explanation in writing (maybe sent from the office) for his actions. just in case he actually wants the tiles for himself. Technically they aren't unless the issues are urgent. say water leakage etc that needs immediate attention. My poor neighbour has it not sure if he's got fixed by now... My issues are from PCI and not fixed properly by handover, like the termite protection, I've spoken to my private inspector and told SS to do it properly. I've already gone from 'please install it properly' to 'just clean the mortar out of that gap and i'll cover it with dirt myself' but he still hasn't after more than 2 weeks. This should be his responsibility. Also there are things that he promised at handover to get me pay, for example he'd send the painters when I get my appliances. Off course this didn't happen either. The cosmetic part is very minor so I'm praying for a good maintanence manager. As you can see it's the way he treats me and my build that make me go tight on some tiles. Re: SS wants the leftover tiles after handover? (w legal ref 31Jul 19, 2011 10:26 am Barwon374 You paid for them in your contract so in effect, they are yours to keep. That depends, does the contract say "10 boxes of tiles, to be used for tiling rooms X, Y and Z" or does it say "Tiling to be provided to rooms X, Y and Z"? If the quantity is not specified then I don't see how you have a legal claim to excess quantity ordered by the builder, even if it was ordered for your house. It sounds like the issue here is that the SS isn't doing his job in other areas and isn't communicating. In which case I would also hold onto the tiles just to make a point, even though they are not contractually mine. So I think you're legally wrong but morally right Even 6 months on we are still having some issues rectified with our house. If I had leftover tiles here I would say "Sure, pick them up when you drop off the replacement draw I've been waiting 6 months for". 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: SS wants the leftover tiles after handover? (strategy) 32Jul 23, 2011 7:03 pm btherl, i love how you being an outsider can give me objective advice. no sarcasm intended just plain appreciation. i never get to 'make a point', because SS never turned up or made contact as I've predicted. not sure if he's using homeone as well lol so hi SS, please read my other posts. I would appreciate if you fix them as promised. it seems that many people have waited for 6+ months for their rectification. shame on me for whinging after 3 weeks. Re: SS wants the leftover tiles after handover? (strategy) 33Jul 23, 2011 7:52 pm I was told open boxes are ours closed boxes go back!!!! so what do i say,go and open all the boxes,then there yours!!!! Re: SS wants the leftover tiles after handover? (strategy) 34Jul 23, 2011 7:56 pm LOL. trishcoastie, your reply's cheered me up looks like they are staying since SS's disappeared. just as a matter of interest. can i use those tiles, which were intended for indoor purposes outdoor? Re: SS wants the leftover tiles after handover? (strategy) 35Jul 23, 2011 8:21 pm i wouldnt think so cause they end up slippery when wet.... outdoor seem too have a different feel... Re: SS wants the leftover tiles after handover? (strategy) 36Jul 27, 2011 8:20 pm trishcoastie i wouldnt think so cause they end up slippery when wet.... outdoor seem too have a different feel... because we used the same tiles for bath so I'd assume it's okay. ummm will think of other creative use of tiles. or sell them Re: SS no longer wants the leftover tiles after handover? 37Jul 27, 2011 8:43 pm could always ask SS if he would like too buy some tiles??? going cheap!!!!!! That's a fantastic result! Happy you got it sorted out. cheers Simeon 6 8640 Can you give advice on how to get missing certificates needed for a form 21? Our bank requires us to provide one but we are missing 4 building certificates from our first… 3 71815 yes it does, you've just not understood it. theres a difference. 4 5323 |