Browse Forums Building A New House 1 Nov 17, 2012 10:25 pm Just wondering if anyone would mind having a look in their standard HIA NSW Building Contract and posting what it says about the "preliminary requirements date"? Better yet, if you have a scan copy of the standard terms and conditions and could email them to me I'd love to hear from you! I'm curious because our builder has just tried to raise a variation on us for increased construction costs and not being ready to build by the preliminary requirements date. Queue hysterical laughter from me because we are already extremely agitated by the fact that their constant paperwork delays are the reason why we haven't even started building yet when we expected back in January when we paid our initial deposit that we should be in our new house before Christmas I read our (ACT) contract very carefully before we entered into it and there is nothing at all about a preliminary requirements date so it came as quite a shock to us. I'm feeling particularly aggrieved by the fact that not only do they not have a leg to stand on with this variation from a moral basis but there is absolutely zero legal basis for it as well So I'm curious about whether maybe the variation is allowed under a NSW contract and they have just followed their standard process without realising that there is a difference between the two jurisdictions. Tender /1/12 Contract 14/6/12 Planning 12/10/12 Site 23/10/12 Piers 27/11/12 Slab 12/12/12 Frame 15/12/12 Trusses 17/1/13 Roof 24/1/13 Bricks 13/2/13 Plaster 1/3/13 Re: A favour to ask - HIA NSW Building Contract 2Nov 17, 2012 11:42 pm There are two relevant clauses in the NSW HIA contract.. Clause 4 - Essential Matters - within the 'initial period', the owner has to provide evidence of approvals, site ownership, finance, etc. If not provided within 15 working days of the contract start date, the builder can terminate. No provision for increase in costs here. Clause 9 - Delays and Extension of Time - extension of time or delay to building works due to error/omission by the owner may require payment to the builder to cover the increase in cost to the builder due to the delay. Is there a clause in your contract regarding when the builder must start? In NSW, the builder must start within 20 working days of the owner satisfying clause 4 and/or the builder receiving permits/approvals. What caused the delay for you? Re: A favour to ask - HIA NSW Building Contract 3Nov 18, 2012 2:30 pm Thanks boson! That's interesting, sounds very similar to the ACT contract but with some differences to the time frames. Interesting that this "preliminary requirements date" isn't actually a concept under either contract. The delays for us were all pre-contract and really just came down to the builder's paperwork being turned around very very slowly. The "preliminary requirement date" was set based on when we paid our initial deposit and got our first tender rather than when we entered into the contract. At the time we entered into the contract it was pretty obviously we wouldn't meet the "preliminary requirements date" because of the length of time it takes to get planning permission where we are building. I think what it comes down to is that if the builder wanted to increase construction price they should have negotiated this before entering into a "fixed price building contract" with us because the contract simply doesn't allow them to just revise the price because they feel like it. I've disputed the variation and will take it to the tribunal if we need to! Would be interested to hear from others who have had a similar experience too. Tender /1/12 Contract 14/6/12 Planning 12/10/12 Site 23/10/12 Piers 27/11/12 Slab 12/12/12 Frame 15/12/12 Trusses 17/1/13 Roof 24/1/13 Bricks 13/2/13 Plaster 1/3/13 You talk about deletions, are they variations or PS and PC adjustments? pleas list them 1 16548 10 12301 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 28799 |