Browse Forums Building A New House 1 Nov 29, 2012 7:50 am I don't really know where to turn with this so maybe somebody on here will have an idea.
Last week I sent a building inspection report to my builder with several defects that need rectifying along with a registered letter asking him to supply fittings he had not supplied as per the contract. Last night he sent me an email asking if he could drop in today to look at the hot water heater which is making a strange noise. In the course of the exchange of emails it turned out that he wanted to look at "other things" though when I pressed him for exact details he was evasive. Finally he told me that he would be attending with a witness - his wife. I had already told him that I wouldn't be prepared to discuss any issues face to face with him and from now on I won't accept anything from him that isn't in writing. I don't understand his purpose in having a witness. Is this normal? He has now rescheduled "pending further advice". What does that mean? Re: Builder wants a witness 2Nov 29, 2012 8:06 am Well if he wants a witness I would be requesting that it is somebody that is not personally related to either one of you, especially I would not want his wife as a witness as she could only be biased towards her husband in regards to anything she is "witnessing". Re: Builder wants a witness 3Nov 29, 2012 8:22 am That's an idea except I'm struggling to think of anyone who wouldn't either be biased towards him or biased towards me. Of course I would prefer the latter! But I'll try to be fair. I could ask him to pay for a private building inspector to be present I suppose. But what is really getting to me is why? He is the one who is dishonest and he is asking for a witness? Actually I've just rung BACV and they say I can deny access to anyone I want. I don't have to allow anyone access to the property. So I think I'll just continue telling him he has to come on his own. Re: Builder wants a witness 4Nov 29, 2012 9:27 am I was actually about to say, that you have the right to say i dont want anyone on in my house or on my property.. If he wants a witness a video camera is better than any witness, you can video tape the inspection.. Building Henley Monaco Nouveau Q1 - Mernda Villages https://forum.homeone.com.au/viewtopic.php?f=31&t=57810 http://razbuild.blogspot.com.au/ Re: Builder wants a witness 7Nov 29, 2012 10:08 am Hi Liliana, I would have thought that it would be in YOUR best interest to have your own witness present. The problem here however is that it would need to be a credible person preferably experienced in the matters you will be discussing and most persons would be reluctant to do so as the obvious implication is that their presence may possibly lead to them becoming involved as a witness in a legal dispute at another point in time. Perhaps your best course of action would be to send an Email or a letter by registered post thanking him for agreeing to meet with you to discuss your ongoing concerns in relation to the following issues. 1. XXXXXXXXXXX 2. XXXXXXXXXXX etc. You could also agree with him bringing a witness but don't accuse him of being dishonest or otherwise lose your cool during the meeting. Take notes during the meeting/inspection and ask him for clarification of anything discussed that you are not sure of before writing it down. Do not hesitate to show him your notes. After the meeting, collate your notes and send him either by Email or registered post your summary of the issues discussed and details of any agreements or committments to rectify or further advise to same. Request a written confirmation as to the accuracy of your summary and for his advice as to any matters that he can further advise on as a result of the meeting. You could alternatively ask that he advises you of any additions or suggested changes to your summary if he is not in total agreement with same. I would consider it positive that he is willing to meet with you and a written agreement as to the matters discussed would be to the benefit of both parties. Re video taping the meeting, this is aggressive and something that he or his wife are highly unlikely to agree to. A bad idea. DON'T SUGGEST IT LET ALONE DO IT! 3in1 Supadiverta. Rainwater Harvesting Best Practice using syphonic drainage. Cleaner Neater Smarter Cheaper Supa Gutter Pumper. A low cost syphonic eaves gutter overflow solution. Re: Builder wants a witness 8Nov 29, 2012 10:27 am Hi SaveH20,
Thank you for your advice but the problem is that this man is difficult and your method would only work with someone who is not difficult. He would be quite capable after the meeting of denying what was said. My best course of action is to allow him to visit on his own. There is no reason for his wife to be present. I have told him I will not interfere and I will not discuss anything with him. I will now only discuss things with him in writing. This is a man who, during our entire build, spent hours on the phone with me and would regularly ask me to put things in writing but would never do so himself. And now, not surprisingly, I find we have nothing to prove what he said. Re: Builder wants a witness 9Nov 29, 2012 10:28 am I dont know what state you are in, by in NSW you can go to the Dept of Fair Trading. THey will send an inspector out to the property who will go through your issues and anything that is not up to building standards or hasnt been fulfilled to your contract, they will contract the builder on your behalf outlining what needs to be done. Maybe an idea to keep the builder at arms length Modified Fernside 38 Rawson Homes Blog: http://www.thehousethatmatandjenbuilt.blogspot.com Build Thread: https://forum.homeone.com.au/viewtopic.php?f=31&t=60501 Re: Builder wants a witness 10Nov 29, 2012 10:42 am I'll explore that option Jen1977. Just one last thought on filming him being aggressive - you may be right SaveH20 and maybe he is trying to trap me into being aggressive. But I would have thought asking to bring along your wife as a witness is a pretty aggressive and offensive thing to say as well. I've done nothing wrong. Re: Builder wants a witness 11Nov 29, 2012 11:23 am Liliana He would be quite capable after the meeting of denying what was said. Maybe, but by having everything in writing and requesting confirmation of your summary (which is a common practice), he is given the choice of responding in writing. If he chooses not to respond, then he has accepted your summary as being correct. You can also photocopy and include the notes that you take on the day, perhaps even ask him to sign those notes at the completion of the meeting. You need to have things in writing. Liliana I will now only discuss things with him in writing. This is what I have suggested. Perhaps seek the advice of others as to the best way to construct the letter. It must be seen as non aggressive and beneficial to both parties. Also request that he forwards you his own summary but if he doesn't, then it's no great issue. You cannot be fairer or more reasonable than that. The last thing you want to do is ambush him with a video camera. You have to be seen to be fair and reasonable. If on the other hand you do not intend talking to him while he is on site, then him bringing his wife along should not be an issue nor should you require your own witness. The problem here is that if he is not putting anything in writing and you are not talking to him, then you have reached dead lock. 3in1 Supadiverta. Rainwater Harvesting Best Practice using syphonic drainage. Cleaner Neater Smarter Cheaper Supa Gutter Pumper. A low cost syphonic eaves gutter overflow solution. Hi Mofflepop, I would recommend finding a building designer to prepare plans, they should design to your specified budget. The benefit is you can tender the project out… 9 20354 Yes, I have. But, I haven't paid yet. They know they did not do proper jobs and I sent the email re: final payment, I cannot pay. They said, we will do 2nd PCI. Since… 2 5486 |