Browse Forums Building A New House 1 Jul 25, 2010 9:45 pm After pointing out some errors with our slab we have been told that we are NOT allowed on the site and to be respectful to the builder????? WTF Just wondering how everyone else goes checking out the progress of their homes. I have also been unable to locate anything in the HIA contract that states owners cannot go on site. Building at Sierra Estate. Re: Owners Allowed on building site??? 3Jul 25, 2010 9:56 pm Check your contract, most builders do not 'allow' owners to access the site once possession is given to them for insurance and OH&S reasons. However some consumer authorities have recently looked at some of the clauses used and more investigation in this area may prove useful to you. Else most provide for access under supervision, hence making an appointed time to visit and inspect the works with your S/S. Its amazing what you can 'find' during those appointments. Our Build - Places Fairhaven 23+ - https://forum.homeone.com.au/viewtopic.php?f=31&t=28045 Our Landscaping - Belial's Backyard - https://forum.homeone.com.au/viewtopic.php?f=19&t=45375 Re: Owners Allowed on building site??? 4Jul 25, 2010 10:15 pm It seems to come down to the builder. The builder that we are with has given us the code to the padlock on the site fence and a construction key so we can go onsite whenever we want. However, we were told that if we go onsite during the day while the tradies were there, they would down tools and walk away while we were onsite for OH&S purposes, so we were asked to try to limit the number of times that we go there during the day. We are only at the very begining of our build (slab will be laid this week) so it hasn't really been an issue yet, but we don't plan on going onsite while there are people working - we will only go up there after hours or on the weekend. Good luck! Nic. Built the Coral Homes Hamilton 252 - moved in 20/10/2010 and loving it!! https://forum.homeone.com.au/viewtopic.php?t=27215 Re: Owners Allowed on building site??? 5Jul 25, 2010 10:30 pm Our contract states very clearly that we are not to go onsite. We have been out a couple of times and respected that until the tradies invited us in. Our site fencing is not secure either though so we can access whenever we want essentially too. I've heard that Coral provide you with a key and other builders don't mind either. I can understand it's not a safe place to be though at various stages of the building. There is a lot we can see without accessing directly too. Re: Owners Allowed on building site??? 6Jul 25, 2010 10:34 pm ~Nic~ It seems to come down to the builder. The builder that we are with has given us the code to the padlock on the site fence and a construction key so we can go onsite whenever we want. However, we were told that if we go onsite during the day while the tradies were there, they would down tools and walk away while we were onsite for OH&S purposes, so we were asked to try to limit the number of times that we go there during the day. We are only at the very begining of our build (slab will be laid this week) so it hasn't really been an issue yet, but we don't plan on going onsite while there are people working - we will only go up there after hours or on the weekend. Good luck! Nic. gee thats pretty good for a volume builder i got the rubbish email about staying off the site from the customer service person, didnt acknowledge it i go to site every day to check it all out just do it, and dont worry about being caught, the SS is just doing a job and wants to go home too, they're probably thinking - *ahh **** - client - its 4.30pm - they will probably have 20 million things to ask and i wanted to get in and out in 15 minutes* Re: Owners Allowed on building site??? 8Jul 25, 2010 10:49 pm We don't want to go when the trades are there, it's all after hours so we get in no ones way or OH&S. I don't think they have a right, we need to check and measure things to bring them to their attention before it's too late. Building at Sierra Estate. Re: Owners Allowed on building site??? 10Jul 25, 2010 11:04 pm It was nothing serious we were quite disappointed with the finish level and some areas frames overhanging, but that's when they told me I'm not allowed on site Building at Sierra Estate. Re: Owners Allowed on building site??? 11Jul 26, 2010 12:11 am I think best think is you place appointment with ss to visit it and point out what are the issues you have. even though you went before that pretend that you so them while you visiting with him . I have to do this next week since i have concerns on the frame. not all some places. i dont like. should query this with ss. cheers Re: Owners Allowed on building site??? 12Jul 26, 2010 12:43 am We never just "popped in" during the week, unless we had an appointment with our SS. I figured that the last thing the tradies would want is someone looking over their shoulder all the time. We just wait until the weekend and walk around and peer in windows and have a look. Now every two weeks coming up towards completion, we have a walkthrough with our SS, just to show us what they've done. Our contract also states that we are not permitted on site without the builder, for our own safety. Dear J.K. Rowling, Your books are entirely unrealistic. I mean, a ginger kid with two friends? Sincerely, Anonymous Re: Owners Allowed on building site??? 13Jul 26, 2010 2:55 am The Little Misses I figured that the last thing the tradies would want is someone looking over their shoulder all the time. ... Our contract also states that we are not permitted on site without the builder, for our own safety. I got over that quite quickly when I was asked to go through the house with a company who was doing some work for us, but approved by the builder - the tradies on site simply ignored us; they had no way of knowing if we were owners or other companies doing work on the house, after all. After that, I would walk in and out quite happily, although my DW never quite felt comfortable doing that. The brick layers had to return several times, and they chatted with me whilst they were working. The "own safety" thing is a bit of a lark, IMHO. Our contract stipulated, for example, that we would only be allowed on site for our appointments with the SS if we wore safety footwear, but the SS turned up in a pair of joggers! How else, apart from invoking the 'own safety' claim can they justify trying to place such a restrictive paragraph in the contract? Pfiff Finally making progress again, with a clothesline (yippee) and some much needed little things being attended to over the holidays. 40 C on New Year's eve? We love our a/c! Re: Owners Allowed on building site??? 14Jul 26, 2010 7:09 am Our SS has given us a key, and we go up almost every day. We try to limit going up when they are walking though as a courtesy to the workers. When we have been up when they are working, they are all very friendly and welcoming and seem proud to show off their work. Very happy! Re: Owners Allowed on building site??? 15Jul 26, 2010 10:30 am http://www.consumer.vic.gov.au/CA256EB5 ... +progress~ This is from the consumer.vic.gov.au Visiting your building site You automatically have rights to visit your building site. You have the right to ‘reasonable access’ at any time during construction (under the Domestic Building Contracts Act 1995, Section 19). This right applies even if you sign a contract that says otherwise - for example, limiting your visits to business hours only. What is reasonable will depend on the situation. For example: •Your builder informs you on Friday that the foundation stage is complete, and the slab will be poured on Monday. •You want your technical adviser to inspect the work to ensure building defects are not hidden in the process. •It would be ‘reasonable’ for you to have access to the building site on the weekend, at least. If you interfere with the carrying out of building works, the builder will not be responsible for costs or delays resulting from your actions. The builder must notify you within five business days, in writing, of the cost or delay. For free advice and assistance, contact Consumer Affairs Victoria on 1300 55 75 59. A balanced diet is chocolate in both hands. Melbourne West Our build viewtopic.php?f=31&t=34169 Landscaping viewtopic.php?f=19&t=51147 Re: Owners Allowed on building site??? 16Jul 26, 2010 10:42 am Not being allowed on site is more of a formality. If the SS is telling you to stay off the site then he is annoyed about something, presumably you pointing out problems with the slab. Or maybe he was just stressed at the time, who knows. If you're on good terms with him I don't doubt he will let you on the site any time. Just don't ask permission directly, because he's supposed to say no to limit his legal liability. Metricon Riva 33 - http://herlihy-riva.blogspot.com Site start 15/03/2010 - Handover 23/12/2010 9 months and 8 days (284 calendar days) from site start to handover Re: Owners Allowed on building site??? 17Jul 26, 2010 12:50 pm upsydaisy Our SS has given us a key, and we go up almost every day. We try to limit going up when they are walking though as a courtesy to the workers. When we have been up when they are working, they are all very friendly and welcoming and seem proud to show off their work. Very happy! And that's the way it should be. Demolition August 2009, Construction Started September 2009, Completed December 2010 Re: Owners Allowed on building site??? 18Jul 26, 2010 1:03 pm I'd just like to point out that when you submit an invoice to your financial institution for payment that you have to sign off on the stage being complete prior to submission. You will need reasonable access to confirm that said stage is in fact complete..... Deemaree Kyndylan Capers: viewtopic.php?f=36&t=46852 My blog: http://www.sufficientlysufficient.blogspot.com/ Re: Owners Allowed on building site??? 19Jul 26, 2010 1:15 pm The reason they do it is simple. For every one owner you have that just wants to go and have a sticky at their home being built and will be respectful of the tradesmen and the site, you'll have one that will be an absolute PITA. They'll tell the tradies how to do their job, get in the way, let their kids run wild when there's nail guns/cement mixers/tilers throwing broken tiles/bricks being delivered,etc, etc, etc. My ex is a chippy, he's walked off site on more than one occasion because the owner has "told" him how to do a frame, been an absolute PITA and wouldn't let him get on with doing his job, or there are unsupervised kids there and he doesn't feel it's safe.. I'd hate to be harsh, but to the OP, kavother After pointing out some errors with our slab. I am not suggesting for one second that you let things go, but there are ways to approach the issue so that you are all on the one side. I leave you to fend for yourself, figure things out yourself. Terrence Malick Re: Owners Allowed on building site??? 20Jul 26, 2010 2:54 pm kavother We don't want to go when the trades are there, it's all after hours so we get in no ones way or OH&S. I don't think they have a right, we need to check and measure things to bring them to their attention before it's too late. Just to refute your OH&S comment... if you take any injury from a piece of material, walking into a wall, tripping over an unfinished bit of work, even if it's outside of hours, the builder could be considered responsible if they have approved you accessing the site unsupervised. No building company wants to be sued! Hence the comment about their insurance policies and respecting the builder. Having said that, appreciate you wanting access to your building site, and I think other posts have given you a good idea of how you manage that, legally. A lot of those Covenants are put in place at the time the Developers are still involved and marketing a certain look and they get ignored or expire after a time. If the… 1 3005 Elvis has left the building... The site supervisor quit after 2 month on the project. I guess he was just instructed to bark at people, but didn't like when he was… 26 21657 For reference, this is the Austlii reference. My take on this is, that they would be breaking the law denying access to a homeowner in Victoria, or their agent from having… 1 10208 |