Browse Forums Building A New House 1 Sep 09, 2015 2:46 pm Hi, has anyone claimed late handover date. How do you do that to overcome all the items specified in a contract: rain, trades not available... during the build we never received officially any "day claims" but rather from the supervisor saying plaster was postponed... Do you wait till they tell you handover date and react to say that's over original date (which we haven't received yet) or do you do that when date is passed. We also haven't received a later stating start date but we take it when we saw land scrapped... I am over this contractual staff, I just wish to move in and hopefully enjoy. We are renting during the build, like a lot of people do, so every dollar counts... Thanks! Re: Master Builder Contract - building handover late 2Sep 09, 2015 5:29 pm Basically the builder should make allowances for things like a reasonable amount of bad weather and should also formally notify you of the start date and reasons for delays. See this link for an explanation of Start Date; http://www.anewhouse.com.au/2012/08/con ... ct-period/ The Harder You Try - the Luckier You Get ! Web site http://www.anewhouse.com.au Informative, Amusing, and Opinionated Blog - Over 600 posts on all aspects of building a new house. Re: Master Builder Contract - building handover late 3Sep 10, 2015 1:35 am Thanks Bash... We never received "offical letter" of the start date. Just letter with the council approved plans that they will have a meeting with us on-site within 10 days which did happened. We do have photos of the site works when they started. Are we obliged to send them letter when we think was a start date and as such end date - building suppose to take in total 180 days - or we just wait for hand over time and before final payment say - you are late...? Thanks! Re: Master Builder Contract - building handover late 4Sep 10, 2015 7:06 am I would send a letter. . . it shows you are on the ball and taking notice! The Harder You Try - the Luckier You Get ! Web site http://www.anewhouse.com.au Informative, Amusing, and Opinionated Blog - Over 600 posts on all aspects of building a new house. Re: Master Builder Contract - building handover late 5Sep 10, 2015 10:06 am Call me cynical but from what I've seen and experience contracts are only a way to hold the owner responsible and builder is all care no responsibility and little to no recourse unless you want to go to the very lengthy and expensive court route. Take my case for example, contract says builder to get building approval within 90 days of signing. Here we are at almost 120 days on and the submission is going in (supposedly) next week. My recourse nothing, I cannot even walk away from contract. I've asked why approval hasn't been granted and they have 1,000,001 excuses all pointing to me and 'variations' Never mind of course they sold the place as a package, that was pre-approved (so couldn't choose my own design) and all the variations I've made have been fixtures and fittings so not part of building approval process anyway. Build is meant to start 15 days after a whole raft of things is meet. All have been meet except the one thing the builder is, as per my contract meant to do which is get building approval. All the while I am paying interest on a vacant bit of land. Speaking of which, land contract also not worth paper its written on too. The developer was able to delay settlement by 2 weeks due to them not having their ducks in a row. In the ACT as all land is leasehold they need what is called Ministerial Consent to start the lease but they didn't get it in time. As the land is registered it should just be a tick in the box, so no reason to not have it except the developer didn't get onto it early enough, my recourse, nothing. But if I hadn't have had finance and everything ready by the original settlement date I would have been paying around $1000 per day in penalties regardless of the reason. Re: Master Builder Contract - building handover late 6Sep 10, 2015 11:21 am Thank you for the input. I agree AJW. I was surprised when I saw in a contract 25% interest on potentially late payment of stages while current bank loan interest is nowhere close. Not that I try to default the builder for work done. Happy to pay. And it wasn't only surprise... When I question it before signing they said: oh that's just standard contract and any changes needs to go back to Master Builders for approval?? Which would mean delay for us (as mentioned before we are renting and keen to get in our (bank) own house)... But in my opinion they haven't change the contract conditions for some years and aligned it to current circumstances. I am not sure anyone is putting foot down and say where is a client protection? - which would include fair trade, state building associations, consumer watchdog... I don't get it... Spending life savings + mortgage on top would ring some bells "somewhere" (like governments) to sort this things rather than people applying for the public housing... Sorry, but except if you have sufficient money (most of us don't) to get a lawyer to review your contract and fight for you are at the mercy of the builder and just hopping everything goes as per plan... Cheers Re: Master Builder Contract - building handover late 7Sep 10, 2015 11:41 am Assh Sorry, but except if you have sufficient money (most of us don't) to get a lawyer to review your contract and fight for you are at the mercy of the builder and just hopping everything goes as per plan... Cheers I have added one word to your sentence, in capitals below. Sorry, but except if you have sufficient money (most of us don't) to get a lawyer to review your contract and fight for you are at the mercy of the builder and just hopping everything goes as per THEIR plan... Re: Master Builder Contract - building handover late 8Sep 10, 2015 1:16 pm Thanks Assh for direct me to this topic. It is took Masterton 6 months to get us CC. They also sent us with a extra charge $11k for the project started over the tender due date. But at the beginning, the admi told us if delay should be 3k before we paid deposit. I discussed with them for the unfair terms, Masterton put special terms other than standard construction contact. If they damage any other things, frence, trees, not their fault. They can change you extra if something unseen for the land. $ 50 each day if they are delay. None of one word can be changed what ever you say. We paid 4k and spend half years to get there. We have to take the bullets. They punish to speak up after you paid 30k deposit. It is no way back. Poor workmanship and slow. First floor floor in water for month during April and May june. Water on first floor changed to green colour. That how long they stayed there. I got a pool we have not paid for. Issues have not been solved. Masterton refuse give me a estimated completion date. I am worried if the landlord asked us to move out earlier than the house handover. We have to camp at the back yard. The house should be finished by the end of this month base on 180 working days. The gyplock will start this Friday. It will be 8 week s away for the key. $3900 deposit Oct 2013 5% April 14 Council submission May 14 DA Aug 14 CC Oct 14 Demo Oct 2014 Dec 2014 Slab 15 Sep 2015, roof tiles finished 16 Feb 16 keys Re: Master Builder Contract - building handover late 9Sep 11, 2015 10:20 pm I hope you have some photos stored Arielbj. We have now taken an approach that we document everything, with photos and notify builder through emails (even if they don't response) and if nothing happens we have a bit of evidence if something occurs in a future. Unfortunately that's how we feel to have a bit of security. Will this help I don't know. But we did get notice from our builder we cannot visit "OUR" building site without them being present stating Health and Security issues - I guess we pushed a bit and they don't like it... But I am talking to myself that it is us investing significant money; and yes I will stay on a top of the this as much as I can. Builder/or supervisor is not my best friend and our roads will certainly go apart as they started in the beginning of the building process - no sentiments from either side - just business at the end of the day... All the best... Re: Master Builder Contract - building handover late 10Nov 06, 2015 1:27 pm Our Masterton home are totally delayed. The construction started 10 th Dec 2014. We should have our key buy 23 September with rain delay. Now, we has been told maybe January 2016. The reason is the house is being built below average. Leaking roof, uneven flooring, some of the doors can not be shut. Etc. have to be fixed it. Has this kind of delay happened to anyone else? How did you deal with it? $3900 deposit Oct 2013 5% April 14 Council submission May 14 DA Aug 14 CC Oct 14 Demo Oct 2014 Dec 2014 Slab 15 Sep 2015, roof tiles finished 16 Feb 16 keys Thank you so much. This has been very helpful. We definitely wish to settle and get these people out of our life. 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