Browse Forums Building A New House 1 Apr 05, 2018 9:38 pm So we are building with a local builder. With 30 years exp with recent builds in our area. We have a fixed price contract. They had the engineers report done which stated that they hit rock (Kanmantoo schist) from .3m below the surface, all three holes, deepest they got before refusal was 1.85m. Builder also had construction team do a site visit/inspection which would of clearly identified Kanmantoo bluestone (schist) running through our property. It is clearly visible above ground above the build site. So the builder increased the contract site works by $8914. Fast forward, builder started earthworks and surprise surprise encountered rock. They have now suggested changing the concrete slab to a waffle pod slab system. They also want to slap us with a variation that states we pay for rock breaking for foundations. They are stating that the rock was “unforeseeable”. Now, I’ve tried many dictionaries and based on the soil reports, the visible inspection and also an email from the site manager stating they knew we had rock (but apparently we now have more than they expected) it all points to their ability to claim the rock as unforeseen, as a load of hogwash. But...where do we stand legally in disputing this rubbish? How should I be managing this stupidity? We did have a meeting with the builder/owner and he stated to our faces that the only part of the engineers report they noted for pricing foundations was the soil classification. Once again I was like what the?!? How is that even legal?? To ignore information they had in their hands. it just seems so unprofessional for a big name builder. I’m in Soith Australia. I feel we need to contact the ombudsman for fair trading and get legal advice but curious if anyone on here has had a similar experience and what they did to resolve the issue and move forward. Thanks. Re: New build, builder claiming “unforeseen rock” 2Apr 06, 2018 8:10 am I am not familiar with SA but it seems you already have all the right answers but your builder is not taking you seriously and just testing luck. Keep recording all conversations and you may need assistance from a lawyer or a very good building consultant. If you have not already got your own independent inspector do it now. In many cases builder will just bluff you to see how far they can push you. Now is the time to show some fangs. 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: New build, builder claiming “unforeseen rock” 3Apr 06, 2018 8:56 am Kitty.Kat82 Welcome to the forum Sounds like your Salesman/Builder has no idea what he's doing and your excavation costs into rock are going to be very expensive. hence they have decided to place the cost, engineering & Risk on you.. BTW the standard building Contract favours the Builder Salvage what you can from the design (single or double storey?) and find another builder, prepare yourself with the engineering data, proofs and costs and move on OT On difficult builds start with the geotech report and engineer.."Forewarned is forearmed" Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs Hi all, I have been looking at land in South Australia, that is on a slope however most of the core excavation is complete, with a flat area to place a house. The agent… 0 1410 Sorry but you have a crap builder. Probably too late now. For our last build I only spoke to builders who would allow me easy access (at no cost). I used my own sparky… 10 9820 |