Browse Forums Building A New House 1 Feb 18, 2014 9:51 pm Our run of bad luck with this damn build continues, and we're not even out of the ground yet . I had a call from our builder yesterday saying that due to the severe rains we had last Thursday (the day our slab was due to be poured) some of the soil around the edges of the trenches has caved in. I can deal with the delay, but he then tells me he's going to charge us a variation for the cost of stripping off the steel from the footings and re-digging the trenches. He's siting clause 16.1.1 of our HIA contract as a way of issuing the variation without our consent, but I'm not sure if weather is in the scope of this clause. I would also contend that they could have dug the slipping soil and used some temp formwork until they poured. Does anyone have any experience with this type of issue or able to offer any insight? They've just gone ahead with re-digging and I'm not to keen to pick up the tab if I don't have to (and have no idea what the cost will even be?!). Thanks. My building thread: https://forum.homeone.com.au/viewtopic.php?f=31&t=56583&start=120 Re: Variation due to weather? 2Feb 19, 2014 4:55 am In my Old copy of a HIA contract (2005) Clause 16.1 only refers to deficiencies in the plans or specifications and would therefore not apply. 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: Variation due to weather? 4Feb 19, 2014 10:08 am That's my view on it too Stewie! 16.1.1 is (not quoted) variations due to issues with conducting work on site due to unforeseen difficulties such as groundwater. I'm not sure an act of weather, even though it is unforeseen, falls outside of what would be seen as reasonable risk for them conducting the work. My building thread: https://forum.homeone.com.au/viewtopic.php?f=31&t=56583&start=120 I work with owner, he/she is my man on the ground and I instruct them when to visit the site and take photos and I have other tools in the bag. 4 15284 Looking for advice on whether this variation in tile colour is acceptable. The large tile on the left was used in my main bathroom renovation 1 year ago. My ensuite… 0 8494 yes it does, you've just not understood it. theres a difference. 4 5333 |