Browse Forums Building A New House 1 Jul 26, 2017 11:07 pm We went through our practical completion walk through with Coral Homes at the end of June 2017. There were minor rectifications which needed to be fixed however there are two which haven't been to date which is now more than a month ago. The first issue and is a major one are tyre tracks and cracks on the garage floor. The builder was aware of this since after the slab stage three months ago but when we emailed the builder during that time, they advised it would be rectified at the end of the job. The builder then advised two weeks ago they were still organising the garage floor. Today we receive an email from their Head Office requesting for final payment or else we would be charged interest as per the contract even without this major fix. Can you please advise what our rights are and what further action can be done? Every day this is delayed is financially not to mention time consuming as we are renting as well as paying for the mortgage. Second issue is, at the beginning of May, we received a call from the electrician to say he would be moving the light switch in the laundry room. It was near the laundry tub and that was the reason it needed to be moved. He had moved it to the center of the opposite wall. We asked the electrician to send us a picture of where he would be placing it before we gave our approval as we did not agree with the positioning and wanted it to be relocated to the outside of the laundry room. He never sent us the pictures. We then emailed the site supervisor who sent them to us but by that time it was already moved. Apparently, the electrician had moved it on the day itself when he rang. We have on numerous occasions said we were unhappy with the positioning and the site supervisor said messages were sent along with drawings requesting confirmation asap (same day) by the electrician and no reply was received for weeks which was not true as the electrician never sent us any correspondence that same day, only that one phone call. What can we do in this case? Look forward to hearing your thoughts/suggestions. Re: Building with Coral Homes 2Aug 03, 2017 8:38 pm Cheryl519... Regarding the garage floor defect, have a read back through your contract... is it a HIA contract? I take it you haven't reached handover, just done your pc walk through? The best case would be if they were willing to work with you and fix it up prior to handover as physically getting the builder back to fix up defects is sometimes difficult, but you may find your house is "practically complete" in which case they are entitled to received the final progress payment. Have a look in your contract for the definition of "practical completion" or ask coral. If it states that PC involves only minor defects remaining, you have grounds to refute the final payment under the contract until this one is fixed. If it states something along the lines of it being suitable to live in, you may have no grounds to delay the payment unless it states unsafe for you to live in. Unfortunately Practically complete doesn't mean everything is finished and all defects rectified. That's why there's a defects period after PC. In your contract it should state a defects period (usually between 6-12months but I'm not sure on HIA and depends on your specific contract). If this is the case, you have x months to get the builder to rectify any defects. Unfortunately in reality they may not turn up until the end of the defects period to rectify mistakes unless it's a safety concern. Frustrating I know! Refer to your contract is the key. Good luck and hope they sort it out for you. Re: Building with Coral Homes 3Aug 04, 2017 8:39 am Cheryl519 The comment from Klea below would be correct in regards to PC. The contract will always note that Practical Completion is a stage where the house would be able to be used for its intended purpose and exludes minor defects - I would agree that the marks on your garage floor does not stop you from using your house for its intended purpose. However, have you notified the builder in relation to the defect formally (i.e. under the requirements of the contract?) or has this just been verbal? I would always put it in writing with photos to the builder under the contract to ensure that it is formally raised. Once you have done this and they dont action it in accordance with the contract, you may have the option to go to a body like the NSW Fair Trading (sorry I'm from NSW not sure where you are located) who can mediate ensure the builder takes action sooner than at the end of the defect period. This would also apply to the situation with the light switch, the more documentation or records you have the better. This is obviously not ideal and its always better to try and negotiate a resolution but it is an option. If you do decide to move in before they fix the garage floor, make sure you document with photos (that have a date stamp) and also send to the builder to evidence the way it was before you moved in. I see so many times where people forget to do this and it becomes a "he said she said" situation and then becomes too hard to resolve. Good luck with it and if you have any other questions happy to help. 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 13775 In Qld it is a requirement that a builder must have a cost breakdown, for building a home to the same specification, with the same inclusions and the same finish. So ask… 1 4352 Ask for references and speak to them. If they are defensive or try to avoid the request, walk. 1 74715 |