Browse Forums Building A New House 1 Oct 12, 2006 5:26 pm Hi all
I am having some problems with my builder, but do not want to make a formal complaint yet, but I do want to make sure where we stand. After signing off on all of the contracts in May with the sales person for our home, including a site plan, our slab has recently been laid. However, it has been laid 4m to the wrong side and too far back from the front of the land, not how we had it in our copy we signed. However the builder is saying the sales person did not give them the site plan so they did one up themselves putting the house where it now is. But we did not sign any authorisation to do this, and were not even asked to check it. The sales person concerned no longer works for the builder. (And we have since found out that half of the other things he told us aren't true so it is very frustrating). Do we have the right to ask the builder to rip up the slab and start again? It is very inpractical where they have put it and we are very disappointed, but they are resisting us at this point. So we wanted to make sure who is responsible before we take any action. If we do make them rip it up is that going to make building the rest of the house a nightmare? Not happy jan! Cassie Re: THEY PUT OUR SLAB IN THE WRONG SPOT! 2Oct 12, 2006 6:41 pm If you didnt sign the plans to say the slab would go where it is now, tell them to rip it up.
Also go to council and get a copy of the plasn there as well to see what has been lodged. You might be more tham just inconvenienced, the house could be completed and in EXTREME cases be directed to be ripped down. I wouold be talking to the council if the plans are different. Do not give in, if they cannot get the slab location right then what else will they get wrong?? You signed a contract to have a house in a particular spot, legally it should go there Adrian B Re: THEY PUT OUR SLAB IN THE WRONG SPOT! 3Oct 12, 2006 8:13 pm Thanks for your reply Adrian... I didn't even think about the council. Does that mean if the council have a copy of the slab in the wrong spot we have to go through approval again!?? This is taking forever! Re: THEY PUT OUR SLAB IN THE WRONG SPOT! 5Oct 13, 2006 10:50 am The salesperson is paid for by the building company and is a representative of the company. They cannot just say "it is the salespersons fault" it is thier duty to ensure that the sales person does their job properly and take full responsibility if the salesperson fails.
You first need to check with council, which plans were lodged as what you have may be illegal. You can get the builder to rip up their slab or (council permitting) keep the existing slab and agree a massive discount from the builder (I'd be looking at 80% to 90% of the slab price to be taken off the total house price). As for all the other stuff that the sales person said, I would sit down with someone senior from the building company and organise a new contract to be drawn up. If there is stuff that is missing, I would negotiate an appropriate discount. What I am giving you should not be construed as legal advice, just my personal opinion. Please pm me the name of the builder as I want to be sure it is not the one I am using. Regards 3timesbuilda Re: THEY PUT OUR SLAB IN THE WRONG SPOT! 6Oct 13, 2006 11:11 am Rip it up rip it up rip it up.
It may be taking ages, but it's better to have what you want than live with something that is wrong. You will always know it's wrong....... I know it's painful waiting, but they count on people not wanting to hold up the job to get their mistakes through. You should get what you paid for and signed off on. Re: THEY PUT OUR SLAB IN THE WRONG SPOT! 7Oct 13, 2006 11:46 am Just thought of something else,
If you house is subject to finance (aka no tattslotto) the bank may withhold funds due to this error. Might be worth checking that out. Adrian B Contract 8Oct 13, 2006 2:50 pm As the slab is not located as shown in your signed contract you are fully within your rights to reject it and to require the builder to rip it up.
As you are at a very early stage of construction it is far better to gtet into a dispute with your builder now rather than give in and be fighting later. Do not pay the progress stage for the slab under any circumstances. If you have wrire to them asking for it to be refunded and place on record that it is not correct. Also might pay to phone BACV and get them involved. If your builder can not get this right I'd hate to think what else will go wrong. Might pay to engage an inspector for the rest of the project. Who's the builder. Re: THEY PUT OUR SLAB IN THE WRONG SPOT! 9Oct 15, 2006 11:07 am Hi guys
Thank you so much for your advice. We have decided to get the builder to rip up the slab since we will never be happy otherwise. We are having a sit down with them tomorrow so I'll keep you posted. We have also contacted the bank to stop payments until this is sorted out. Thanks again, Cassie Re: THEY PUT OUR SLAB IN THE WRONG SPOT! 10Oct 16, 2006 11:12 am I'm sure its redundant information, but I'll say it anyway - Make notes about everything that is said, write it all down, log it with time and date and get everything you can in writing.
It will make you life much easier when you have a record of everything said and done between you and you builder. And the best of luck with your builder, I really hope it works out for you and you get it sorted out. The blog of my home being built: http://glint-bladesong.blogspot.com/ 6 2992 I am saying that double brick has similar thermal performance due to thermal mass effect. It will be still very interesting to see the state of your framing after 10-15… 10 23060 Unless the room is for storage then it's non compliant BCA V2 2019 S3 P3.8 You have 2 options 1. The builder deconstructs the section and rebuilds as per plan /… 7 7289 |