Browse Forums Building A New House 1 Sep 19, 2013 8:39 am Hi Guys, I've got a charge in my tender which I wasn't expecting and I just want some opinions on the legal language of it. "Provide Preliminary allowance for Energy Upgrades to meet 6 star requirements due to the use of Raft Slab in lieu of Waffle Pod Slab (Single Storey). Note - Cost to be confirmed once final energy assessment has been completed $3000" Okay...so I wasn't expecting this as I had already been told the energy ratings are done after contract and then the cost is given to me as a variation. The tender presenter explained that this charge is in there but that I will be shown receipts and they will only keep what they actually use. So if they only need to use $1000, I'm only charged $1000. I questioned why it wasn't listed as provisional then and was told "you have to trust us". Now....is there actually anything in that sentence that actually says if they dont use all that allowance I get it back? Does "cost to be confirmed" go both ways, as in an increase and decrease? I built with this company last time and questioned why they needed use temp fencing on a block already fenced, they said it was a council requirement, then didn't put the fencing up and refused to give back the money for it as it wasn't listed in the contract as "provisional". So yeah... "you have to trust us" doesn't exactly work. I want to know its written in properly. Re: Need help with Tender language 2Sep 19, 2013 9:26 am You have already said you can't trust the builder so you need to have accepted words in the contract. Provisional Sum is an accepted contract wording for what you want. 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: Need help with Tender language 3Sep 19, 2013 9:50 am bashworth You have already said you can't trust the builder so you need to have accepted words in the contract. Provisional Sum is an accepted contract wording for what you want. Thank you. I'll probably keep pushing for the word Provisional. What I guess I'm trying to work out is what does "allowance" actually mean in a contract sense? Does "allowance" mean a similar thing and/or what they are trying to say it means? Re: Need help with Tender language 4Sep 19, 2013 12:21 pm Allowance means either a Provisional Sum Prime Cost Item. See this link for an explantion of the difference. http://www.anewhouse.com.au/category/co ... /payments/ Unless the wording is an "Allowance of a Provisional Sum" or an "Allowance of a Prime Cost" the contractual meaning is unclear. 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. Hey. Head to a metal and decide on which profile you will use first. Profiles with larger corrugations can greatly change the appearance of the color in different… 0 3384 Hi there, I'm a conplete newbie to this, but I'm looking to put a floor down in my 6x9m shed. It's currently sitting on a 100mm thick concrete perimeter (dirt floor… 0 6467 Hi VK, I am now retired however I have stood beside over 300 owner builders in the past 18 years that have successfully built their own homes. First of all a building… 10 22670 |