Browse Forums Building A New House 1 May 27, 2015 9:31 pm Hi Guys, Need your thoughts. Facts: - We bought a home and land package with a builder. - The building contract does not state that structural changes are not allowed (not even the appendix of the building contract) - Builder is imposing the structural changes are not allowed for home and land packages. - The only document that states that structural changes are not allowed is the welcome/introductory letter of the builder which we received upon paying the reservation fee. Do you think I have a valid point that such provision can't be enforced by the builder since its not part of the building contract which we reviewed and signed? I just think such provision should be included in the contract and that the welcome/introductory letter does not have the same power as a contract since its not reviewed/signed/exchanged between the buyer and seller. Thanks in advance! Re: Building Contract - Structural Changes 3May 28, 2015 11:59 pm I'm not a builder but I expect the issue is that structural changes will require resubmission of plans to council. That would require new engineering drawings ( which may require sending the plans off to a subcontractor to be updated ). I got away with a minor change to my plans. I convinced the builder to move my powder room wall ( an internal wall ) about 200mm. This was taking some space out of the room next door. That said, some builders would accept structural changes - for a price. You also can expect delays if you decide on changes whilst the build is underway. Build thread: here Land Nov 12, Contract 6/07/13, Consent 15/08/13, Start 20/09/13, Slab 25/09/13, Frame 4/10/13, Brick 21/10/13, Roof 2/11/13, Lock-up 17/12/13, Handover 3/3/14 Re: Building Contract - Structural Changes 4May 29, 2015 6:39 am I think it depends on the contract. I think you will find that builder is not obliged to accept variation. In your case you bought (production line) house and land package at production line price but now you want to say stop I want custom build, I want changes. It seems to me if you wanted flexibility to do that you should have gone to a custom builder and paid custom build(higher price). You can't have it both ways. In the end you knew and builder will argue that introductory letter is implied term of the contract. If you are still not happy get legal advice. 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: Building Contract - Structural Changes 5May 29, 2015 7:49 am We made certain changes - but had to fit within their guidelines. If they build lots of houses they obviously buy in certain quantities and sizes. Mind you - we could have gone beyond parameters - but would have had to pay more. Re: Building Contract - Structural Changes 6May 29, 2015 9:31 am Hi Aussieinvestor I guess the question is what changes and at what cost? Generally these Structural changes are usually unforeseen, eg, foundations/footings, code changes, revisions, honest mistakes, etc The Commissions & councils are generally a bit flexible on engineering changes outside of contract docs, Why 1 they trust engineers with your safety, buildings structural integrity, etc.... more so than Designers,architects and builders 2 they would prefer the structure to be rectified while being built and not have to deal with problems that cant be fixed or fixed at a huge cost within the structural warranty period/defects liability period 3 You can scrutinize the changes and get another engineers opinion and then approach the builder to negotiate costs (ie if higher costs are the issue) 4. Try to terminate the contract...good luck with that..youll probably end up being sued Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs I engaged my builder in December last year and we’ve been working on preliminary drawings for last couple of months. I got a call from the salesperson this morning… 0 1403 You talk about deletions, are they variations or PS and PC adjustments? pleas list them 1 16985 |