Browse Forums Building A New House 1 Sep 11, 2014 1:18 pm Hey all, I have a builder and long story short he is d0dgy as hell. A couple of examples of his dodginess to set the scene are things like; every word of his website being plagiarized word for word off other builder webs, builder being the director of multiple companies all doing similar things, complete with fake staff masquarading to be staff in different states of Australia, and fake customer testimonials. The owner has also owned no less than 15 other business/companies/trading names over the last decade or so in multiple states. There are also really d0dgy things around his license. Despite this, somehow we have the majority of a property built. We are living in the property, and got permission in writing prior to this to occupy without having had first practical completion inspection or having submitted list of defects etc. The contentious issue has been raised over some r3taining w@lls (I dont want builder searching keywords and finding this post, since we will be going to tribunal). In the approved plans in the contract there are two w@lls marked. The are on the diagrams that are attached with the contract. There is nothing in any part of the contract that says they are excluded as part of the contract. Not only this, before I realised that these walls were actually in the building plans, we came to an agreement to split the cost, and have my half billed with the final progress payment. This is in writing. The agreement was to have them built back in May, within a few weeks. I have held onto the final progress payment until they were completed. There has been zero attempt to have them built during this time. I attempted resolution with builder, and he was unwilling. I then went to fair trade to try and have resolved, and they offered to take his portion out of the final payment, and have the rest paid immediately. He refused. He has zero intent to build these w@lls. I have planned to take the builder to tribunal to have the matter settled, today I get a registered letter saying that in substantial breach and in 10 days he will cancel contract. I previously issued him with a breach notice for not having reached final completion by the contract date, and threatened the possibility of terminating contract. I am trying to work out what he gains by terminating the contract? Is it the following up on warranty issues or something? Since this guy is so d0dgy and clearly had no intention to ever build the w@lls I will be seeking tribunal to have him build them as per the approved plans and have the full costs deducted from the final progress payment. Any sort of thoughts would be appreciated! Thanks! Re: What does builder have to gain by terminating contract? 2Sep 11, 2014 2:10 pm May well be the legal game - but have you got a solicitor ? Re: What does builder have to gain by terminating contract? 3Sep 11, 2014 2:37 pm Solicitor told me not worth pursuing for amount of final payment.. in other news, I literally just found out this guy ran off with over a million dollars from a construction job in the USA Re: What does builder have to gain by terminating contract? 4Sep 16, 2014 11:37 pm All I can say is (as usual) it is very complicated and sometimes it is best to take a step back to assess the pros and cons. Firstly has the solicitor you chose ever handled any building disputes" I've heard that it is worth chasing over $40 000 (with solicitors) in VCAT or under $10 000 (no solicitors at all and everyone pays their own costs). Also read your specification because this takes precedence over the drawings (stated in your contract I believe). Very complex issue, but get the figures you are entitled to right first and then act as you think, perhaps starting with a solicitor with building case experience for a 1 or 2 hour meeting first, just to see what your options are (ask their hourly rate first). OR step away... often good advice particularly if the amount being argued over is not substantial. Hope this helps, but a small amount of information is not enough Secondly, the registered mail letter you received may be part of a bluff or part of a plan to sue you first to look like the wounded party. Another thing you might do is get a building consultant to look over the house, because often builders who act this way treat their subbies the same way and the subbies short-change in return and you get a whole series of defects built into your home. That person must have a proper definition of defect (including all implied warranties) and must get on your roof and inside your roof and know manufacturer and BCA (code) requirements. If you go down this path. Only approach these things when you are not emotional. Leonardo_23 Re: What does builder have to gain by terminating contract? 5Sep 17, 2014 6:57 am Leonardo_23 That person must have a proper definition of defect (including all implied warranties) and must get on your roof and inside your roof and know manufacturer and BCA (code) requirements. Leonardo_23 I have an issue with your advice because I think it's misleading and will raise unrealistic inspection expectations for the owners. I have been doing new home inspections and pre purchase inspections for a decade and I almost never get on the roof and seldom get in the roof space much past the manhole WHY? 1 OH&S Safe work practice requires roof railing, once it is removed it is unsafe to get on the roof 2 If you get on the roof and walk on it you might get accused of cracking tiles and causing roof leks. Would you risk it? 3 Heating and cooling ducting will clutter and restrict roof space access. Will your crawl over it and risk damaging it? I have seen plenty of damaged ductwork in roof space and sub floor caused by careless and foolish inspectors. 4 Ceiling insulation will prevent inspection of timbers you crawl on, so if they are termite eaten you could fall through and get killed (you do hear of inspectors falling through) If I was employing your son as my inspector you would expect me to look after his safety with safe work practices. What would you tell me if I told him to get on the roof without protective barriers and he got killed? Duty to inspect comes second to duty of safe work- OH&S that is the law Proper inspection is to diligently inspect all safely accessible areas (within brief of inspection) and list areas where inspection was prevented or obstructed and why 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: What does builder have to gain by terminating contract? 6Sep 17, 2014 11:59 am naikii Hey all, I have a builder and long story short he is d0dgy as hell. He has zero intent to build these w@lls. I am trying to work out what he gains by terminating the contract? Is it the following up on warranty issues or something? Any sort of thoughts would be appreciated! Thanks! Yes it's something! The most likely explanation is that your builder already has most of your money including all of his his profit (because progress payments are front loaded) and now what is left is probably not enough to finish the job. That would explain reluctance to spend money he already has to complete. He has your loot so it's probably adios! 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: What does builder have to gain by terminating contract? 7Sep 17, 2014 1:20 pm Sorry to disagree with B-E, but I believe when I talked to Occupational Health and Safety, that the rule was that work must not be performed on a roof, whilst opinion reporting is merely looking. walking carefully on a roof is not performing work (no broken tiles in over 4000 inspections mind). Knowing how to walk on tiles without braking them is a matter of care. Of course it is not advisable to walk on 55 year old tiles, but new ones is OK. The weight of the inspector should not matter either, but the fitness and sure-footedness may matter quite a bit. I have also seen building consultants who were afraid of heights. Those people should not do building inspections in my opinion. Larger firms use this health and safety business scenario to avoid having to pay out for their employees, and it prevents them from doing a proper inspection and the often leave out the difficult bits. (By the way I have damaged no heating or cooling ducts in over 500 with such ducts in the roof space, but without good fitness it can be very difficult to contort the body especially with trusses). If you care enough you will make the effort is my motto. Anyway if you don't ask the questions, you will get people with loads of disclaimers, when you could get someone who tries to see am much as possible for your sake and the sake of the house, without disclaimers galore. It is your decision if you ever have to use a building consultant. One fifth or 20% of the consultants I have come across (22 reports carried out before I was asked to inspect) failed to find any of the defects at all and these defect averaged over $40 000 worth per job. That statistic is not including one expert who failed to find over $120 000 worth of defects including grossly incorrect bushfire risk, non-compliance with strict soil slip requirements and drainage and lots more. Leonardo_23 Re: What does builder have to gain by terminating contract? 8Sep 17, 2014 6:10 pm Leonardo_23 Sorry to disagree with B-E, but I believe when I talked to Occupational Health and Safety, that the rule was that work must not be performed on a roof, whilst opinion reporting is merely looking. walking carefully on a roof is not performing work (no broken tiles in over 4000 inspections mind). Knowing how to walk on tiles without braking them is a matter of care. Of course it is not advisable to walk on 55 year old tiles, but new ones is OK. The weight of the inspector should not matter either, but the fitness and sure-footedness may matter quite a bit. I have also seen building consultants who were afraid of heights. Those people should not do building inspections in my opinion. Larger firms use this health and safety business scenario to avoid having to pay out for their employees, and it prevents them from doing a proper inspection and the often leave out the difficult bits. (By the way I have damaged no heating or cooling ducts in over 500 with such ducts in the roof space, but without good fitness it can be very difficult to contort the body especially with trusses). If you care enough you will make the effort is my motto. Anyway if you don't ask the questions, you will get people with loads of disclaimers, when you could get someone who tries to see am much as possible for your sake and the sake of the house, without disclaimers galore. It is your decision if you ever have to use a building consultant. One fifth or 20% of the consultants I have come across (22 reports carried out before I was asked to inspect) failed to find any of the defects at all and these defect averaged over $40 000 worth per job. That statistic is not including one expert who failed to find over $120 000 worth of defects including grossly incorrect bushfire risk, non-compliance with strict soil slip requirements and drainage and lots more. Leonardo_23 You don't have to be sorry to disagree with me, I in fact welcome it because it is what makes this forum interesting and because your experiences are different. You don't have to be a larger firm to fall under OH&S you simply have to be employer to have a duty of care and if doing it safely prevents "proper inspection" which I don't think it does then "tough". We explain what we do to our customers and they have to read pre inspection agreement. I have trained my son and he runs a very good inspection business Budget Reports but I also trained him to work safely (I have done over four decades of building without serious injury to men I employed) and to come home every night to his wife and my grandchildren. What I think difference of opinion comes from is that a lone inspector can be more daring, reckless or foolish than a properly trained and supervised one. How many times have I seen "gung ho" inspectors go into undersize spaces, on unsafe or questionable roofs, asbestos contaminated sub floors or contaminated by cancer causing pesticides. Let's say for argument sake you get into roof space and are in serious trouble, you call for help. Can I please have a paramedic but also can you get me one that is also a contortionist. Do you think they will get you out in time? You are toast, and you too are someone's son, someones husband and a father. Think about it. Alternatively you are in coroner's court at inquest into death of your inspector and facing criminal negligence charges. You are trying to explain that your inspector wasn't really working, just looking. Do you think anyone will buy it? jail time! I respect your expertise and if you are better than other inspectors Bravo! but do it safely. 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: What does builder have to gain by terminating contract? 9Sep 18, 2014 12:32 pm Quote: but do it safely So true - I've seen "so called" experts do things that are risky - because they feel they know how. Yet we hear the accident rate almost daily. Re: What does builder have to gain by terminating contract? 10Sep 26, 2014 10:56 am The contracts we sign with our clients are the MBAV HC-6 (Edition 1 – 2007) and it has a cooling off period of 5 days and the builder is to be paid $100 plus any out of pocket expenses approved by you prior. A reason could be because the builder has possibly under quoted the works and feels he or she will lose money on the project. The builder could also be experiencing employee issue within their company being unable to service the contract requirements. Re: What does builder have to gain by terminating contract? 11Sep 27, 2014 10:41 am Berstan Homes The contracts we sign with our clients are the MBAV HC-6 (Edition 1 – 2007) and it has a cooling off period of 5 days and the builder is to be paid $100 plus any out of pocket expenses approved by you prior. A reason could be because the builder has possibly under quoted the works and feels he or she will lose money on the project. The builder could also be experiencing employee issue within their company being unable to service the contract requirements. A builder - quoting unders - mmm ... Re: What does builder have to gain by terminating contract? 12Sep 27, 2014 11:50 am Leonardo_23 I have also seen building consultants who were afraid of heights. Those people should not do building inspections in my opinion. Larger firms use this health and safety business scenario to avoid having to pay out for their employees, and it prevents them from doing a proper inspection and the often leave out the difficult bits. (By the way I have damaged no heating or cooling ducts in over 500 with such ducts in the roof space, but without good fitness it can be very difficult to contort the body especially with trusses). If you care enough you will make the effort is my motto. Leonardo_23 I would be very interested in knowing which professional indemnity insurer you are with that will allow you to carry out inspections with no disclaimers and also what your academic qualifications are and your experience. 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 Hi Tracey, you have taken too long to react to your builder's wrongdoing and are now left in a vulnerable position. Fighting the builder legally will cost big bucks and if… 4 2263 Hi All, I just wanted to close this topic out with an update. So we ended up agreeing to a number with the insurance company, and after an extensive amount of hand… 8 23348 You talk about deletions, are they variations or PS and PC adjustments? pleas list them 1 16455 |