Browse Forums Building A New House Re: Provisional costs 21Jul 28, 2015 5:10 am Maybe I should start a new thread but my predicament is as follows:- Provisional sums in contract for rock breaking. Was only notified these had been used +6 months later! Was told in an e-mail that they would notify if they encountered rock breaking (they did not) They admitted they did not follow procedure (If encounter rock breaking work stops, supervisor visits site, get alternative quotes and proceed with the best price) this did nit happen The only proof they can provide me that rock breaking took place is an invoice from the supplier. What are my rights? Re: Provisional costs 22Jul 28, 2015 5:52 am If builder has not followed prescribed procedure for claiming PS then simply he is not entitled to payment under the contract. The option then( for the builder) is to go to VCAT and prove the actual cost + to prove it would be unfair not to get paid. Generally if work has been done it has to be paid (a fair amount) regardless of breaches of procedure. However there are prescribed penalties. Have you noted the penalties under the ACT. They are never applied against builders by Consumer Affairs (who are supposed to protect owners against this kind of occurrence). If builders were hit with penalties every time they err (try to get away with d@dgy claims) this kind of s*hit would stop very quickly. Isn't that the way building control should work? By the way the case I quoted earlier, builder didn't get his 45K claim. After loosing VCAT case builder appealed and it was to be re heard in VCAT (my client just had enough of lost time ,expenses and stress and made him an offer) and then it got settled for a much smaller amount. 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: Provisional costs 23Jul 28, 2015 8:40 am Simo8678 Maybe I should start a new thread but my predicament is as follows:- Provisional sums in contract for rock breaking. Was only notified these had been used +6 months later! Was told in an e-mail that they would notify if they encountered rock breaking (they did not) They admitted they did not follow procedure (If encounter rock breaking work stops, supervisor visits site, get alternative quotes and proceed with the best price) this did nit happen The only proof they can provide me that rock breaking took place is an invoice from the supplier. What are my rights? Unfortunately this is not the first time Ive heard this. If they had advised you beforehand you could have 1. Got alternate quotes 2. Pressured the builder in adjusting the site FFL levels higher to avoid digging 3. Alternately you could have threaten to pull out. Now you are struck and you will need to seek professional advice start with contacting the Building Commission Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs I am not sure whether Perth has its own way of doing things in regards to this. Most of Perth has class A (sandy soil), except for some areas near rivers or hills. 2 13082 Looking to tile the facade pillars rather than rendering. Builder is quoting 2500$ laying cost for upto 10msq. The 2 pillars come to be 16msq. So laying costs are 5000$… 0 7542 10 15744 |