Browse Forums Building A New House 1 May 04, 2015 2:23 pm Hello fellow builders, I am just looking for some clarification of the standard HIA building contract in WA. The Building Commission will only take complaints, they won't explain the legal contract and referred me to The Law Society of WA. They have referred me to legal counsel but then I have to pay. The HIA consumer hotline charges $2.75/minute for assistance and the Master Builders can't help me unless I'm a member and also referred me along I was hoping that someone on here could help me out. We are building with one of the BGC companies and recently had our Practical Completion Inspection We received our final invoice from the builder on that date and it states we have 10 working days to pay. As I read the contract we have 10 working days to pay and then they have to give us keys. Builder told us (in writing) not to worry too much about the 10 day thing. That they will accept a bank cheque once we're satisfied. There is quite a bit of repair work to be done and builder says it could be another 3 weeks until repairs are done. So that's basically 4 weeks between PCI and possible key handover. Now we're in a bit of a jam with all this since the house has taken MUCH longer to complete than we ever could have anticipated, though they are still within the contract terms. We don't really want to accept the house uncompleted, but we also really need to have keys and get started on all the post handover stuff and get moved in ASAP. What EXACTLY are the builder's responsibilities, if any, from the date of PCI? Can we push to get keys on the 10th working day and use the contract as back up? Do we have to pay in 10 days in order to not breach the contract? And can they withold the keys if we have made payment? I am super confused about it all as what our builder is telling us does not seem to be in line with the contract, but I'll admit I may not be clearly understanding the contract. Help please Re: What are responsibilities after Practical Completion 2May 05, 2015 11:41 pm If it were me I'd not be handing over any $ until you are satisfied. Once you've paid there's no motivation for them to come back and repair things or finish them satisfactorily. Re: What are responsibilities after Practical Completion 4May 06, 2015 12:47 am Wouldn't the 10 days only be applicable of you were satisfied at PCI? If not satisfied and work needs to be done, then they should fix it until you are satisfied, then you would have 10 days? I would be super cautious about handing money over as u have read threads in here where people have done that and they are still waiting for things to be fixed 6-12 months later. My topic thread: viewtopic.php?f=31&t=76249&start=20#p1316378 Re: What are responsibilities after Practical Completion 5May 06, 2015 2:21 am I've done a PCI where there were 20 trades working on site, and the place was a mess. Itemised an entire book of defects and been told all will be fine in ten days for handover. Gone back for handover and items all seemed to be rectified but place so dirty couldn't tell for sure. So much dust coundnt see if granite bench top had been scratched, dirt on floor so was the tiling and grout acceptable etc. Had a cheque for final payment, waved it in supervisors face and stated " be back tomorrow same time , clean this place up and maybe we'll be done " put cheque back in pocket. ( giggles at the reminder of turning up on site the next day and finding another 20 plus cleaners busily at work ) Would you pay the lawn mower man ( or woman ) in advance? Would you pay the plumber to unblock the kitchen sink prior to him ( or her ) attending? You may book a hotel room with a credit card and possibly a deposit but you don't Settle the bill until you check out right ? They get paid when the work is done to satisfaction in accordance with the donkey and a carrot! Timeline Aug 08-Land Mar 09-Demo/Titles Sept 10-Handover No1 Sept 11-Handover No2 April 12-Sold No2 Aug 14-Land/Demo Jan 15-Slabs viewtopic.php?f=31&t=25736 Re: What are responsibilities after Practical Completion 6May 06, 2015 8:32 am If you are using a HIA Contract, please refer to Clause 4 Progress payment section 4.8 where it states that ‘other than the final claim’ the owner has no right to offset. Which means the final claim is the only stage you can offset payment. Please refer to your contract for more info. Re: What are responsibilities after Practical Completion 8May 06, 2015 12:39 pm as far as what i know they gave you a sheet at PCI for you to sign as it says you are happy with the work and if you signed it that means you are given the invoice to pay within 10 working days (its the sheet that has all the fix ups on it) and if you do pay it there is another clause in your contract which states the keys are only the builders until all the money is paid. my friends house all the work to be completed on the sheet wasnt done in the 10 days so she demanded the keys and moved in and they just said to her that she would have to put up with tradies coming in to do the stuff on the list which took a few weeks which she was fine with. a few things werent done but where done at the 6 months maintance. Re: What are responsibilities after Practical Completion 9May 06, 2015 12:52 pm I wouldn't hand over the money until everything is sorted, or that will be the last you hear from them until your 6 month! Our build thread: https://forum.homeone.com.au/viewtopic.php?f=31&t=70984 Re: What are responsibilities after Practical Completion 11May 07, 2015 10:37 am Thanks everyone. Guess we'll have to be patient. They still don't know when they'll get everything finished. Right now it looks like they need at least a few more weeks, so we'll maybe get keys 4 weeks after PCI.... Very frustrating I have cut and pasted Clause 8 which is the completion clause below. It is very easy to ready and understand which is why the NSW Fair Trading contract is so… 4 7285 Building Standards; Getting It Right! Hi building in qld and practical completion date was supposed to be 28/07/2024 got handed an invoice for PC last week just after the alfresco roof went on. Plumbing works… 0 6453 |