Browse Forums Building A New House Re: HIA Buidling Contract Commencement Condition 2Nov 10, 2017 10:35 am They can start but it doesn't mean they will.... Be mindful any unforeseen delays, ie Trade & Material shortages,etc can result in Cost Increases Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs Re: HIA Buidling Contract Commencement Condition 3Nov 10, 2017 10:50 am We haven't signed a final building contract yet! We are building through Kurmond Homes and they haven't provided us with a Final Building Contract because they are in shortage of HBCF - Home warranty Insurance!!! We have received our CDC approval in SEP 2017 and Unconditional Bank Approval too. In the draft copy of contract, it says building work can commence within 20 working days Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ As they haven't started building work and we haven't signed any contract yet - ARE they still considered as a BREACH of CONTRACT????? Re: HIA Buidling Contract Commencement Condition 4Nov 10, 2017 11:51 am 1building We haven't signed a final building contract yet! We are building through Kurmond Homes and they haven't provided us with a Final Building Contract because they are in shortage of HBCF - Home warranty Insurance!!! We have received our CDC approval in SEP 2017 and Unconditional Bank Approval too. In the draft copy of contract, it says building work can commence within 20 working days Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ As they haven't started building work and we haven't signed any contract yet - ARE they still considered as a BREACH of CONTRACT????? They aren’t in breach of contract, as you haven’t satisfied all your items as per the contract (meaning you haven’t signed the final building contract and given it back to them) Also, they are not in breach of contract as they don’t have all permits to start yet, as they don’t have approval to start construction from your bank (as they don’t have the full insurances or your signed final contract they won’t get this) Re: HIA Buidling Contract Commencement Condition 5Nov 10, 2017 12:11 pm joannapaulp 1building We haven't signed a final building contract yet! We are building through Kurmond Homes and they haven't provided us with a Final Building Contract because they are in shortage of HBCF - Home warranty Insurance!!! We have received our CDC approval in SEP 2017 and Unconditional Bank Approval too. In the draft copy of contract, it says building work can commence within 20 working days Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ As they haven't started building work and we haven't signed any contract yet - ARE they still considered as a BREACH of CONTRACT????? They aren’t in breach of contract, as you haven’t satisfied all your items as per the contract (meaning you haven’t signed the final building contract and given it back to them) Also, they are not in breach of contract as they don’t have all permits to start yet, as they don’t have approval to start construction from your bank (as they don’t have the full insurances or your signed final contract they won’t get this) Thanks for the reply But what Clause 12.1 says: CLAUSE 12.1 - The Builder is to commence the building works within 20 working days after the day that: (a) The Builder receives all necessary building permits and planning approvals for the building works to commence; or (b) The owner satisfies all of the requirements of clause 4, As per the Clause 12.1(a) - Building Permits & Approvals received in Sep 2017 CLAUSE 4 - requires the owner to provide: › Proof of land Ownership (mortgage held by insert financial institution, with our name as the mortgagees) › Letter from financial institution for unconditional supply of fund (This can be supplied if required) › CDC information and approvals- (CDC granted certificate) - [i](This can be supplied if required)[/i] [i]CONFUSION >>>CONFUSION....[/i] Re: HIA Buidling Contract Commencement Condition 8Nov 10, 2017 1:09 pm 1building Hurrow If you haven't signed a contract then you can't really expect them to be starting work? They are not sending us - that's the problem. Thanks for the reply... You haven't signed a contract, and you're asking if the other party is in breach of a non signed contract which they haven't sent to you. The answer is pretty obvious. Building a Kew 28 with Porter Davis Re: HIA Buidling Contract Commencement Condition 9Nov 10, 2017 1:32 pm Hurrow 1building Hurrow If you haven't signed a contract then you can't really expect them to be starting work? They are not sending us - that's the problem. Thanks for the reply... You haven't signed a contract, and you're asking if the other party is in breach of a non signed contract which they haven't sent to you. The answer is pretty obvious. Someone from building industry suggested us that you can do thua - there is an OFFER OF ACCEPTANCE kind of thingy... I am not sure that's why i used this forum to find out more...! Re: HIA Buidling Contract Commencement Condition 10Nov 11, 2017 10:10 pm Dont sign! Get out while you can and buy a second hand house. The industry is rife with ******* builders. Frankly there needs to be an inquiry into it. My welcome email went. It doesnt matter what the sales guy said its only whats in the contract( just like getting a punch in the face). Ill be happily exposing my builders work to the world and frankly it will shock people into considering an established home. Qbcc record shows nil complaints??? You talk about deletions, are they variations or PS and PC adjustments? pleas list them 1 16565 The HIA contract, in the term & conditions section states that "Commencment" is deemed when the drainage is started or the piers are dug or the slab is formed up (incase… 2 6178 10 12311 |