Browse Forums Building A New House 1 May 05, 2014 9:11 pm Sorry for coming back again and asking another obvious question, but can't help it! Before signing the final contract, we asked the builder to put in the contract that we'll use the service of an independent building inspector. The salesman says the company can't do that. They say they allow two site visits during the construction with the SS and would happy to amend anything that comes up; but can't put it down on the contract. He says we could have our own BI and raise concerns during anytime during construction, but can't be obligated on contract. Is it normal practice? Does the builder has this right to say this? What could happen in the worst case scenario if we don't get it written on the contract? Should we walk away from the builder at this stage (3 months from initial signing) because of this? Please help me out Re: Builder not committing on inspector! 2May 05, 2014 9:18 pm Ozlizz Sorry for coming back again and asking another obvious question, but can't help it! Before signing the final contract, we asked the builder to put in the contract that we'll use the service of an independent building inspector. The salesman says the company can't do that. They say they allow two site visits during the construction with the SS and would happy to amend anything that comes up; but can't put it down on the contract. He says we could have our own BI and raise concerns during anytime during construction, but can't be obligated on contract. Is it normal practice? Does the builder has this right to say this? What could happen in the worst case scenario if we don't get it written on the contract? Should we walk away from the builder at this stage (3 months from initial signing) because of this? Please help me out If have an independent inspection at various stages is important to you, I would withdraw unless they let you have it done. They may let you have the inspections completed but don't have an appetite to alter their standard contracts which have been drafted by a lawyer. BLOG: http://www.ourphoenix38.blogspot.com.au H1 THREAD: viewtopic.php?f=31&t=70454 Re: Builder not committing on inspector! 3May 05, 2014 9:31 pm Have a read of the contract, and compare it with this link http://www.anewhouse.com.au/2014/01/usi ... inspector/ 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: Builder not committing on inspector! 4May 05, 2014 10:12 pm Thanks Bashworth.. (‘OWNER’ means the person, partnership, or company named in the Particulars of the Contract and whenever appearing in this Contract includes their agents, executors and administrators.) Do I need to search this statement in the contract? So if it is so obvious, then why should we put the clause of building inspector on contract? Still confused...But I gather we have all the right to appoint a BI. Now if they carry on being adamant, do I have any right to get back the deposit amount? (If we decide to walk away at this point of time, we'll loose about 7k in total and 3 more months of waiting). It hurts Re: Builder not committing on inspector! 5May 05, 2014 10:48 pm We signed standard hia contract with henley. Wasn't specify in our contract. When the time came I just said im having an independent inspector and tgey have been fine with it. We just had our fixing stage checked today with no dramas at all. Second Build, this time with Carlisle 2016, can't wait! Beckham: viewtopic.php?f=31&t=67280 Canterbury: viewtopic.php?f=31&t=81175 Re: Builder not committing on inspector! 6May 06, 2014 5:06 am [quote="Ozlizz"] So if it is so obvious, then why should we put the clause of building inspector on contract? Still confused...But I gather we have all the right to appoint a BI. Now if they carry on being adamant, do I have any right to get back the deposit amount? (If we decide to walk away at this point of time, we'll loose about 7k in total and 3 more months of waiting). It hurts /quote] The point I am making really is, if you have a standard HIA or Master Builders Contract you shouldn't need to add anything. I am not a fan of altering contracts too often I have seen a lot of money spent on lawyers for no real advantage. If your builder has modified the contract (which you do need to check) to exclude inspectors most state laws would consider this an unfair contract and you should be able to get your money back. 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: Builder not committing on inspector! 8May 06, 2014 1:43 pm Just show up for various inspections with an inspector with you. I seriously can't see them throwing him off the premises or anything. Similar to bringing your Dad with you for advice etc IMO. Build thread: viewtopic.php?f=31&t=65085 Re: Builder not committing on inspector! 9May 06, 2014 3:05 pm Hi Ozlizz If you are in VIC you are protected by Domestic Building Contracts act 1995 which gives you right of entry automatically at any reasonable time. Builder cannot contract out of it, so don't worry too much about it. If you are not in Vic it's likely that there will be similar legislation. Foremost Building Expert in Australia,assisting with building problems/disputes, building stage inspections,pre-contract review advice for peace of mind 200 blogs http://www.buildingexpert.net.au/blog Re: Builder not committing on inspector! 10May 06, 2014 3:43 pm Ozlizz, you have received excellent advice. You can do a search on this forum for "unfair contract". Some of the posts have links to the applicable Govt legislation. This will give you further peace of mind. It pays to mention the State where you are building when you seek advice. 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 not committing on inspector! 12May 07, 2014 12:44 am I think i understand what your saying, you want to use an inspector of your choice? I think its bit late now, contracts signed. The inspectors, there chosen by the Surveyor In the contract it should state who is responsible for obtaining the building permit. I'm guessing its your builder. So then Builder chooses the Surveyor, The building surveyor chooses the inspectors. A surveyors appointment cannot be terminated (doable but difficult), hes there for the length of the job. Not certain why, i think it has something to do with reducing corruption. A solution could be that you ask the builder to ask the Surveyor to use the inspector you'd like. Wont happen. Best just find a private inspector and respectfully let the builder know you and your inspector are visiting the site. As for the 2 site visits Builder - Extensions & Renovations I would send it to the certifier who is technically your representative and working on your behalf not the builder's 1 2264 If you already have a contract, is the inspection cost stated in there? If not they would be forced to issue you a variation which you could of course object to. 12 25863 The HIA contract, in the term & conditions section states that "Commencment" is deemed when the drainage is started or the piers are dug or the slab is formed up (incase… 2 6175 |