Browse Forums Building A New House 1 May 13, 2018 12:26 am I just received the builder's invoice for frame up stage this Friday, so I went to my site having an inspection today. In the building contract, I paid additional money to upgrade the frame from normal timber to T2 blue termite resistent timber, however, when I went to inspect the frame, it was the normal timber frame rather than the upgraded T2 blue. This is a major breach of the contract, but the builder has already completed the frame stage, how can I deal with this situation? Could I request the builder to pull down the established frame and re-construct it using the t2 blue timber? Re: How to Deal with Builder's Breach of Contract? 2May 13, 2018 9:04 am General condition 1.1 of my standard HIA contract says "The builder must: a) complete the works in accordance with this contract". "Works" is then defined in Schedule 1 Item 9 as the signed specification and signed drawings. I don't think that would be an unreasonable request on your part. The tricky bit is payment of the progress claim, which under a standard HIA contract I understand you cannot withhold even if the works aren't to your satisfaction. Others might have a different perspective on this though, such as only making a part payment with the balance payable on rectification. Maybe you could make the claim that the error is significant enough as to say that the stage is not "complete"? Re: How to Deal with Builder's Breach of Contract? 3May 13, 2018 4:48 pm Thanks for your comments, iTool You remind me of another issue, that is if I have the rights to hold off the payment for frame stage given the frame work might be re-do and thus shoud be deemed uncompleted. I believe this is correct. From the picture you can see the power was put in last so the electrician knew where the water was. Really it's a common sense issue more… 4 5139 You talk about deletions, are they variations or PS and PC adjustments? pleas list them 1 16442 Been in a similar position and we decided to let the builder go. Some of the PSA money goes to engineering so we at least got those documents and they actually refunded us… 2 6013 |