Browse Forums Building A New House 1 Sep 15, 2014 10:38 pm I am building with a volume builder in Melbourne. The builder has failed to install the facade windows according to plans. Instead of abutting the eaves, the windows are several inches too low and the builder is preparing to install cement infill on top of the windows without consulting us. We have already reached lock-up stage and was scheduled to commence painting and tiling this week. Now, the builder is saying that they can rectify the windows but it will take at least 3 weeks. Meanwhile, they will stop all other work to the house, including painting and tiling which were originally scheduled to begin. They are asking us to decide whether to rectify or accept the existing windows. I don't understand why the builder cannot continue with other work in other parts of the house while the windows are being rectified. I suspect they purposely said that they would stop all other work while the windows are being rectified to pressure us to accept the wrongly installed windows, knowing that we will not want such a long delay to the completion of the house. We are now very angry and disappointed to be put in a corner. Has anyone experienced such an unreasonable builder? They failed to follow plans and now we are the ones who suffer. They don't even apologise for their mistake and just tell us to "take it or leave it". Re: Builder fails to follow plans 2Sep 15, 2014 11:38 pm Hi ant14, You have rights. Just tell the builder (also confirm in email) that he must fix the problem now at his expense (or later when it costs much more) If the works are delayed because of this ineptitude then the penalty in the contract for late completion applies. That's how it usually goes I believe. It also sounds as if there will be quite a few changes necessary to raise the windows, particularly if the lintels are just above them, but also this could affect brick sills, flashings, trims and of course wall framing. Make sure you photograph the situation and write it in your diary - conversations, emailed statement and so on. Good luck. Leonardo_23 Re: Builder fails to follow plans 3Sep 15, 2014 11:57 pm Why get upset for? Just get it fixed and move one. The painters will take say a week to paint it. They aren't going to paint the rest of the house and then come back to do the room with the rectified windows. What's 3 weeks in the grand scheme of things? Re: Builder fails to follow plans 4Sep 16, 2014 6:33 am Two issues here If your builder failed to follow plans what else has he failed to follow? Obvious things you can pick up but there are many that you might miss. Get yourself independent inspector for inspection and to guide you. And yes you are being intimidated, it's nothing new, happens all the time and is unprofessional. And yes they should have apologised. I recommend you stand your ground and point out liquidated damages if builder is late in completion. 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 fails to follow plans 5Sep 16, 2014 7:39 am ant14 I'm making comment from the other side of the fence, what is drawn on the plan is not always, for any number of reasons able to e replicated on site. The fact is where not building Swiss watches out there and there will be times when the plan differs from the practical. Building Expert it annoys me that you being a builder would know this but you prefer to play the all builders are sh0nky card because it helps your cause. Show me a house where every detail is exactly the same as that on the plan. Very few and far between. Re: Builder fails to follow plans 6Sep 16, 2014 8:03 am I'm sure that plans can be impractical and will sometimes have to be varied. If this had been the case, then the builder should have informed you of the change and explained why it was necessary. Common courtesy would dictate this. In this instance though - as it sounds like it is possible to rectify the work - it was obviously a mistake. If I were in your shoes, I would just accept the time delay; it isn't that long in the scheme of things and at least you have picked it up. Discovering it on handover would have been much worse. Re: Builder fails to follow plans 7Sep 16, 2014 9:39 am mgilla ant14 I'm making comment from the other side of the fence, what is drawn on the plan is not always, for any number of reasons able to e replicated on site. The fact is where not building Swiss watches out there and there will be times when the plan differs from the practical. Building Expert it annoys me that you being a builder would know this but you prefer to play the all builders are sh0nky card because it helps your cause. Show me a house where every detail is exactly the same as that on the plan. Very few and far between. Hi mgilla Yes I am a builder and have been for over four decades however that does not mean that I owe some loyalty (to my brothers) You simply don't understand me. I will spell it out for you: 1 I am not your friend 2 I am not your enemy, and 3 If you are right I will be your best friend 4 If you are wrong I will be your worst enemy 5 I shoot straight and take no prisoners I have not called all builders sh*nky, vast majority are competent and professional and if they do make a mistake they will gracefully admit and make amends, but many are not. I don't have a cause and at my age don't need one. The fact is that builders are their own worst enemy, that is what creates demand for my work, not what I do. I also believe in reasonable tolerance but you are confusing tolerance with negligence. Failure to follow plans is negligence and a breach of warranty. If plans cannot be followed then there are proper administrative procedures as Liliana pointed out. You don't need to be annoyed because just as I have crunched many builders I have done the same with unscrupulous predatory owners who attempt to extort something for nothing from the builder (yes there are many). Currently my expert evidence will be assisting two builders who have not been paid and are facing pumped up Bulls*it claims from owners. Oh boy do I like ripping into them! So as you can see I don't care, its your call whether you are on right or wrong side. I hope this clears up any misunderstanding 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 fails to follow plans 8Sep 16, 2014 10:41 am mgilla ant14 I'm making comment from the other side of the fence, what is drawn on the plan is not always, for any number of reasons able to e replicated on site. The fact is where not building Swiss watches out there and there will be times when the plan differs from the practical. Building Expert it annoys me that you being a builder would know this but you prefer to play the all builders are sh0nky card because it helps your cause. Show me a house where every detail is exactly the same as that on the plan. Very few and far between. And if there is a reason on site why part of a build cannot be constructed as documented, then the builder needs to submit a variation to the contract to the client for approval stating what will be done differently, why, and seek the clients approval to proceed differently to what was agreed in the contract. Just doing it anyway, hoping the client won't notice, or bullying them into accepting it without following the correct legal process is what keeps people like building-expert in business. Completed a knock down and rebuild in northern Melbourne. Handover completed 27/09/2013 and now moved in. Re: Builder fails to follow plans 9Sep 16, 2014 1:33 pm Hi ant14, Boy you started a free-for-all here. Sounds like a dispute. I say if there are many defects built into a house then the supervision was poor quality or virtually non-existent... and you paid for adequate supervision by the builder as an implied warranty, so stick to your guns. Just my opinion formed over a period of 40 years also. The main thing if you have to get a building consultant is to make certain that they have a definition of defect (must include all implied warranties) and make sure that they get on the roof and inside the roof. Many do not. And ask how much they charge because rates vary 200%. Leonardo_23 Re: Builder fails to follow plans 10Sep 17, 2014 12:02 pm Leonardo_23 Hi ant14, Boy you started a free-for-all here. Sounds like a dispute. I say if there are many defects built into a house then the supervision was poor quality or virtually non-existent... and you paid for adequate supervision by the builder as an implied warranty, so stick to your guns. Just my opinion formed over a period of 40 years also. The main thing if you have to get a building consultant is to make certain that they have a definition of defect (must include all implied warranties) and make sure that they get on the roof and inside the roof. Many do not. And ask how much they charge because rates vary 200%. Leonardo_23 You seem to have valuable experience, welcome to the Forum 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 fails to follow plans 11Sep 17, 2014 12:47 pm What soil type do you have? sometimes if you brick above the windows especially if you render its better to use a wood or fibre cement infill because of the movmement... if it moves you would not notice as much but if bick across the top and moves you will see big cracks either side... just a htought as to why the builder might have been doing this... http://www.betterthansheets.com.au - Why use sheets for curtains in your brand new home use Better Than Sheets Temporary Paper blinds instead! Re: Builder fails to follow plans 12Oct 01, 2014 12:06 pm This is a very serious situation because the plans are designed to be common ground for both parties in what they are undertaking together. The plans are referenced in the building contract and are part of the building and planning permits. I would suggest contacting the building surveyor to discuss this matter urgently. Re: Builder fails to follow plans 13Oct 01, 2014 4:00 pm Berstan Homes The plans are referenced in the building contract and are part of the building and planning permits. I would suggest contacting the building surveyor to discuss this matter urgently. Thats not entirely correct, the approved plans can and are amended any number of times or reasons so long as there are no changes to structural drawings or changes that may affect energy rating there is no requirement for the plans to be re submitted. Really tight at the top of the stairs- how to get furniture into those rooms? Study books - does anyone really use them these days? Large storage closet would be more functional. 2 6884 Ask the council if there is a chance of getting build over easement exemption. Sometimes easements are unused and 24cm is not all that much. Good luck. And yes any builder… 2 13769 If there have been changes, variations, during construction then the drawings should be revised, the building permit amended and the current, as built drawings given to… 2 4480 |