Browse Forums Building A New House 1 Mar 26, 2018 5:04 pm Hi there, I am in the process of building a new house in Mickleham, VIC and thinking of hiring an Independent Building Quality Consultant to inspect all the construction stages and provide me with a detailed report outlining any defects found which I can then forward it to my builder for rectification purpose. I had a word with my builder about this and they send me a document which outlines the requirements for an independent building quality consultant :- 1. If the Owner hires an independent third party, that third party must be a Registered Building Practitioner. 1.1 The Builder shall be entitled to claim for any additional time incurred by the Builder on an hourly rates basis in responding to queries or alleged defects raised by the Owner’s Consultant or independent third party following any inspection of the Works, to the extent that such queries or allegations relate to defects or incomplete items and it is subsequently found that no genuine defect or breach of contract exists. 1.2 In regard to any such charges by the Builder for additional time (as referred to at 1.1), the parties acknowledge that it is not possible to provide any pre-estimate of the additional charges that may be incurred at the time of signing this Contract. 2. It is the responsibility of the Owner to get the Owner’s Consultant and/or independent third party to provide an approved Safe Work Method Statement (SWMS) for their company to the Builder. 3. It is the responsibility of the Owner to get the Owner’s Consultant and/or independent third party to prepare a Job Safety Analysis (JSA) applicable to each inspection that is to occur at Builder site including without limitation the procedure to induct the owner, and the JSA must be available at the site for review by a UHA representative. They want me to read and sign it and provide them with my independent Building Quality consultant's Building Practitioner number, their SWMS / JSA. I've spoken to a few Independent Building Quality consultants and they advised me there is no requirement for them to be a Registered Building Practioner and not sure why my Builder is asking for it. Can anyone shed more light on this requirement from my builder and if there is any legality to it? In and all I think that my builder is indirectly discouraging me not to hire an independent building quality consultant. I'll appreciate your input to these questions, thanks Re: Building Quality Consultant Questions 2Mar 26, 2018 10:41 pm If its a standard contract then the builder is bluffing. Under the HIA contract you as 'Owner' can appoint anyone as your 'Agent' to represent you. If the builder has a clause in the contract saying you can't appoint your own inspector then that clause is illegal. See the following link for more information: Using-your-own-building-inspector 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: Building Quality Consultant Questions 3Mar 26, 2018 11:05 pm I have a Master Builder Contract and it does not have any of these conditions in it, so I guess the builder is just making it harder for me to get my own building quality inspector Re: Building Quality Consultant Questions 5Mar 27, 2018 12:50 am Joker I would give building expert a call, he will know your rights back the front. I've sent him a PM lets see what and when he responds to.... Re: Building Quality Consultant Questions 6Mar 27, 2018 8:07 am Bashworth has given you a good answer, your builder is bluffing you, don't sign anything. If you have already signed a building contract you don't have to sign anything else and you have the legal right to appoint anyone as your agent. Any contract clauses limiting your statutory rights will have no effect. 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 Quality Consultant Questions 7Mar 27, 2018 9:55 am Here Transf0rmer this post may enlighten you further read this Building Defects from lawyers The courts will request a Structural Engineer on structural matters, Building Inspectors aren't qualified to deal with structural non compliance You have already Posted Quote "They also point out that there is no qualification required to become an independent building inspector and anyone can be one so as a builder they might argue on some defect items if they deemed is picked up incorrectly." Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs You should check your detail drawings, it may show downpipe within brick pier. 14 14020 Hi Suku18 In NSW the statutory required insurances are: 1. HBCF ( Home Building Compensation Fund) - This is if the builder dies or goes broke. But this only covers 20%… 1 2648 Personally, considering your layout (study/work desks in bedrooms), I don't think you have any other option but to leave NW windows and make them as big as possible e.g.… 7 10415 |