Browse Forums Building A New House Re: Signed Sep 14' still NO site start 2Feb 20, 2015 10:26 am That must be really frustrating! Its odd that they usually have a clause where if we do not start by their start date, we cop a fine, why can't something the other way around be part of the contract? Maybe try find the email address of the company director and send them an email in a polite yet stern manner? Re: Signed Sep 14' still NO site start 3Feb 20, 2015 10:43 am Totally! What frustrates me most is how many times they've "promised" they'll be out on site and then I go out to check and absolutely nothing! It's the lack of integrity and trust in their word. Sure things go wrong but surely after more than half a dozen times now someone is being taken for a ride (and that someone is ME!) Mind you all development plans and approvals were made in Oct 14'. Argh!!!! Re: Signed Sep 14' still NO site start 4Feb 20, 2015 11:22 am Did they ever give you any reason for the delay? I think its time for a legally drafted letter, giving them a start date instead of asking for one, and spelling out the fines and fees you will charge them if they fail to meet that date including all legal costs incurred. Re: Signed Sep 14' still NO site start 6Feb 20, 2015 11:37 am Yep, last year they said they had to reengineer our site (Oct 14'), then told they would be out on site end of Nov, then mid Dec, then they said they needed to now wait for our neighbours approval for changes, so Jan start. In Jan they said next week start, day came and never happened. Then they said we have scheduled works for the following week. Go out and still nothing. Spoke to Reg. Manager who assured me this past week, that he is basically rolling heads and they will be out on site 100% without a doubt Wednesday and Wednesday has come and gone with no phone calls returned, no emails responded too and again no works started! At a loss! I have checked the contract and no start date was given and they have a convenient clause which says work days commence either from the assigned start date or when slab is down.... so hence why their cruising because the 230/260 days means nothing without a slab down. Re: Signed Sep 14' still NO site start 7Feb 20, 2015 11:52 am Wow that's pretty bad, where are you building? Our builder said there would be no delays on their part getting to site as they don't get paid until they do! Thought all builders would be keen to get their first progress payment. Our build thread: https://forum.homeone.com.au/viewtopic.php?f=31&t=70984 Re: Signed Sep 14' still NO site start 8Feb 20, 2015 12:02 pm VIC. Thankfully we have a fixed contract. So these additional re-engineering costs, footing probes, retaining walls and underpinner costs etc are not costing me. Which they shouldn't!!!! This should've all or close to taken care of at the original engineering tests when site costs were fixed. But hallelujah anyway. All I want is honest people to deal with. (Vent) Re: Signed Sep 14' still NO site start 9Feb 20, 2015 12:56 pm Our contract has a clause that states the build must commence within 45 business days of receiving the final approval. We're in WA though it may well be different. Re: Signed Sep 14' still NO site start 10Feb 20, 2015 1:40 pm Yeah our WA build said the same Our build thread: https://forum.homeone.com.au/viewtopic.php?f=31&t=70984 Re: Signed Sep 14' still NO site start 12Feb 21, 2015 7:50 am Our contracted stated that site start must start within 30 days of the building permit being issued. Good luck with it! Re: Signed Sep 14' still NO site start 13Feb 21, 2015 12:39 pm Regardless of start date, I guess more importantly, when it their end date? Surely there is a contract completion date (there has to be, otherwise it's not a contract). And surely there are liquidated damages for contract completion overruns? Building Services Engineer Renovating our 1960's modernist home in Brisbane https://forum.homeone.com.au/viewtopic.php?f=53&t=82091 Re: Signed Sep 14' still NO site start 14Feb 21, 2015 1:04 pm I don't know if I've been stooged by a bodged contract which has been altered to suit our builder. Surely this volume builder does not have time to alter contracts as there is no start date, no end date, only a mention of 260 days once slab is down? Re: Signed Sep 14' still NO site start 15Feb 21, 2015 1:57 pm I am of the understanding that a building contract must specify an end date. It is likely that there are various qualifications for the end date, such as extensions of time due to delays outside the builder's control (weather, union strikes etc) or delays caused by the customer, such as variations to the original contract. I'd be having a good read of your contract, and getting a professional legal opinion. Building Services Engineer Renovating our 1960's modernist home in Brisbane https://forum.homeone.com.au/viewtopic.php?f=53&t=82091 Re: Signed Sep 14' still NO site start 16Feb 21, 2015 2:02 pm Hey Emma, have you a standard HIA contract? We're building in NSW and clearly states build starts 20 working days after all approvals obtained. Custom build Northern NSW viewtopic.php?f=31&t=72217 Re: Signed Sep 14' still NO site start 17Feb 22, 2015 11:26 am Would the end date be 260 days from slab? I assume its a standard HIA contract. For those who have responded, lets say they are in breech of contract, how would I go about communicating this to our builder? Via phone call, through a letter, through legal representation? What's the best way to go about this? Re: Signed Sep 14' still NO site start 18Feb 22, 2015 12:04 pm Firstly, if you haven't already, I would have a really thorough read of the contract, taking note on relevant parts. Keep a diary noting down conversations and dates and names. Then give them a call and try to find out why things are taking so long. (you may have done this already by the sounds of it) If that doesn't get you satisfactory answers, try a letter. If they don't respond, or don't respond satisfactorily, have your solicitor review the contract and send them a letter if there is any potential breaches. Be sure to have your diary notes available to your solicitor. This will be very helpful. You would be amazed at what a well written letter from a solicitor can get done... Building Services Engineer Renovating our 1960's modernist home in Brisbane https://forum.homeone.com.au/viewtopic.php?f=53&t=82091 Re: Signed Sep 14' still NO site start 19Feb 22, 2015 6:08 pm 1960sModernistHome Firstly, if you haven't already, I would have a really thorough read of the contract, taking note on relevant parts. Keep a diary noting down conversations and dates and names. Then give them a call and try to find out why things are taking so long. (you may have done this already by the sounds of it) If that doesn't get you satisfactory answers, try a letter. If they don't respond, or don't respond satisfactorily, have your solicitor review the contract and send them a letter if there is any potential breaches. Be sure to have your diary notes available to your solicitor. This will be very helpful. Well said. Re: Signed Sep 14' still NO site start 20Feb 22, 2015 6:37 pm If you are building in Victoria, I thought it was a requirement that once the building permit is approved that site works must start within 14 days. I could be wrong that... happy to be corrected. 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 12979 We were lucky in that our old house was so small (86 square metres) compared to the new house, they were able to take enough readings around the old backyard house before… 8 36896 |