Browse Forums Building A New House 1 Oct 23, 2013 6:08 pm I'm dealing with a difficult build and need some advice on best ways to proceed. The builder promised 6 months for completion in the contract. We're now into week 57 and I estimate there's at least another 12 weeks work remaining. He keeps claiming he needs "just another week" - I've gotten sick of hearing that phrase - but then the site is vacant for days at a time. Nobody there. No work being done. I'm onsite everyday the past 3 weeks and nothing's happening. He's now saying the house is complete and wants his final payment. But the floor isn't carpeted, lights not installed, hot water not working, three doors missing, unpainted walls, locks don't work, gutters with no downpipes, front door doesn't open, leaks in the study, bathroom fittings not installed, window frames are loose, and there are cosmetic defects *everywhere*. He says these are all minor defects that will be fixed after I give him the final payment. He'll take my money and run. I'm thinking of taking legal action, but when lawyers get involved everybody loses except for the lawyers. How can I go about this so the builder leaves without asking for another cent? He doesn't deserve the money he's already got, let alone more money, but I'd rather just cut my losses and pay a pro to finish the job, rather than put up with this builder's nonsense any longer. Re: Builder Asking For Final Payment... House Isn't Finished 2Oct 23, 2013 6:14 pm Sounds like you need to take him to VCAT. Don't pay him anything. Defects (if you call an unfinished job that) are required to be fixed before handover. Handover occurs only once there's a certificate of occupancy. There's no way it'll pass inspection. Re: Builder Asking For Final Payment... House Isn't Finished 3Oct 23, 2013 9:41 pm Definitely do not pay him. Contact your state's regulating authority of builders and get advice and go from there. We built the Wisdom Majestic 40 - moved in! Our blog - http://ourwisdommajestic40.blogspot.com.au/ Our H1 thread - viewtopic.php?t=54156 Re: Builder Asking For Final Payment... House Isn't Finished 4Feb 27, 2014 1:35 am jason42 I'm dealing with a difficult build and need some advice on best ways to proceed. The builder promised 6 months for completion in the contract. We're now into week 57 and I estimate there's at least another 12 weeks work remaining. He keeps claiming he needs "just another week" - I've gotten sick of hearing that phrase - but then the site is vacant for days at a time. Nobody there. No work being done. I'm onsite everyday the past 3 weeks and nothing's happening. He's now saying the house is complete and wants his final payment. But the floor isn't carpeted, lights not installed, hot water not working, three doors missing, unpainted walls, locks don't work, gutters with no downpipes, front door doesn't open, leaks in the study, bathroom fittings not installed, window frames are loose, and there are cosmetic defects *everywhere*. He says these are all minor defects that will be fixed after I give him the final payment. He'll take my money and run. I'm thinking of taking legal action, but when lawyers get involved everybody loses except for the lawyers. How can I go about this so the builder leaves without asking for another cent? He doesn't deserve the money he's already got, let alone more money, but I'd rather just cut my losses and pay a pro to finish the job, rather than put up with this builder's nonsense any longer. How was the house going now? is there any progress? regardless, your contract stipulates a payments schedule and SOPA doesn't give provision to that scenario. Your contractual terms appear to stand. Hence get a lawyer, it… 4 11763 Hi, I contracted a Builder to do a Garage to Bedroom + ensuite conversion (Class 1a), the Builder engaged the Certifier and Engineer and received BDA from the Certifier… 0 4902 There is no reason why building contract reconciliation cannot be done prior to handover, if the builder won't do it get someone to do it for you. Why would you pay for… 3 6630 |