Browse Forums Building A New House Re: Contract clause for building inspector? 3Oct 15, 2012 8:09 pm You shouldn't have to bother. Most contracts already allow for your Inspector. In the HIA Contract you will find many comments about the 'Owner' The Contract definition of 'Owner' includes "any agent, executor, and administrator. The Building Inspector is acting as your 'agent" with responsibility for inspecting the works. The Harder You Try - the Luckier You Get ! Web site http://www.anewhouse.com.au Informative, Amusing, and Opinionated Blog - Over 600 posts on all aspects of building a new house. Re: Contract clause for building inspector? 4Oct 15, 2012 8:41 pm Just been through this, I asked about it early was told it would be fine. Got to the stage of organising my inspector and was basically told nope, change of policy. Raised that I can have an "Owners Agent" inspect at anytime as long as it is organised and they said that my Private Certifier was the Owners Agent and that if I went through council it would be the Council Inspector...... Could not be bothered fighting it but there will be plenty of inspections by me and my Dad (ex building industry) If I had my time over it would have been in my contract Re: Contract clause for building inspector? 5Oct 15, 2012 8:53 pm The "Owners Agent" is selected by the owner. The Private Certifier firstly is selected by the builder and secondly does not look at quality of build - they are only concerned that all the regulatory aspects are done. Demolition August 2009, Construction Started September 2009, Completed December 2010 Re: Contract clause for building inspector? 6Oct 15, 2012 9:05 pm I complained to the GM, was told it wasn't going to happen. After quite a few phone calls and emails going around in circles I decided to pull the pin rather than marching in with a lawyer.... I did tell them I would be bringing an inspector at PCI/Handover inspection Re: Contract clause for building inspector? 7Oct 15, 2012 11:52 pm Hi dvestate! Builder has bluffed you! As the owner of the land you have automatic right of entry at any reasonable time. You don't need contract for that. If you are in Vic. Check out info on Consumer Affairs web site. Domestic contracts building act is the law and it says you can. If the builder does not understand the law, builder should not be registered. Foremost Building Expert in Australia,assisting with building problems/disputes, building stage inspections,pre-contract review advice for peace of mind 200 blogs http://www.buildingexpert.net.au/blog Re: Contract clause for building inspector? 8Oct 16, 2012 8:34 am They will let me into the land at an organised time, I think the issue is they don't want to be there for a few hours with the inspector. As I said I COULD push much harder for it but did not want to cause to big an issue. I am lucky that my Dad was in the industry for quite sometime and picked up a few minor issues last week when we had an organised visit that will be resolved. Re: Contract clause for building inspector? 9Oct 16, 2012 11:16 am Four things dvestate Your statutory rights of entry "are your legal rights" and are not negotiable, don't be scared and do not let anyone intimidate you. It's your investment and your money, protect it. Secondly, your Dad means well but inspection is very specialised and unless you know what you are looking for it's easy to miss significant issues. I am saying this from my own experience having been a builder for over 35 years and then taking on inspections and learning more in five years than in 35 years of building. Builder does not have to be there, he simply has to make sure the site is safe for a visit and to allow entry to site. I cannot imagine what experienced inspector will do on your site "for hours". If he knows his job he will immediately focus on the important issues. If he needs "hours" he probably does not know what he is doing. For the record my stage inspections including pre final rarely take one hr. I will give you an example: There are inspectors that crawl into roof space to check insulation, spend 15-20 min, and still miss areas behind ducts clutter and hard to get low clearance areas. I can scan ceiling in a room with my thermal imaging camera and tell you in less than 10 seconds if there are areas of missed insulation (or fresh roof leaks). Good luck Foremost Building Expert in Australia,assisting with building problems/disputes, building stage inspections,pre-contract review advice for peace of mind 200 blogs http://www.buildingexpert.net.au/blog Re: Contract clause for building inspector? 10Oct 16, 2012 4:30 pm dvestate, in Victoria (I'm aware you're in NSW), Domestic Building Contracts Act 1995 - SECT 19 says you can bring in "a person authrised by you" to access the building site : http://www.austlii.edu.au/au/legis/vic/consol_act/dbca1995275/s19.html Quote: Domestic Building Contracts Act 1995 - SECT 19 Access to building site 19. Access to building site (1) A builder must permit the building owner (or a person authorised by the building owner) to have reasonable access to the building site and to view any part of the building works. Penalty: 20 penalty units. Re: Contract clause for building inspector? 11Oct 16, 2012 6:46 pm I like it. If the builder refuses, not only can you use the law to get the required entry, but the builder will get a penalty! Demolition August 2009, Construction Started September 2009, Completed December 2010 Re: Contract clause for building inspector? 12Oct 16, 2012 7:14 pm I looked for some info for NSW along those lines but could not find much. 2 Re: Contract clause for building inspector? 13Oct 17, 2012 10:36 pm Foremost Building Expert in Australia,assisting with building problems/disputes, building stage inspections,pre-contract review advice for peace of mind 200 blogs http://www.buildingexpert.net.au/blog Unless there is something in special conditions the builder does not have to give you timeline. If your demolition contractor has not removed Asbestos and it was found… 12 28691 I would send it to the certifier who is technically your representative and working on your behalf not the builder's 1 2246 You talk about deletions, are they variations or PS and PC adjustments? pleas list them 1 16455 |