Browse Forums Building A New House 1 May 14, 2018 10:09 pm Hi all, I am building with a major volume builder and they have just "completed" the frame stage. My private inspector has found 11 defects that do not meet Australian Standards. Some are considerable such as uneven flooring in excess of 4mm slope over 2 metres. The builder has requested payment even though the stage is not complete. I have chosen HIA payment schedule which I understand that they need to complete the stage 100% before invoicing me. They have said that because their third party surveyor had passed the stage, payment is now required. Do I have any legs to stand on here? Re: Builder requesting stage payment with defects in the bui 2May 15, 2018 11:21 pm Unfortunately (from what I’ve been told) the only payment you can withhold is the final payment. We were in the same boat where we had 26 defects but as the frame was ‘completed’ we were required to pay the invoice. We forwarded the independent report to our builder and organised a walk through with the SS to go through each point of the report. SS provided a response to all the defects and they were fixed by the time we had our pre plaster inspection. The only time you can request they recall an invoice if the main item in the stage has not been completed ie. for frame they have not completed the roof, for lockup they haven’t installed any windows or doors or fixing they have not installed any cabinetry or tiling etc. Hope that helps but happy for the experts out there to correct me if I’m wrong in any of the points I’ve made. Re: Builder requesting stage payment with defects in the bui 3May 16, 2018 12:41 am What kind of flooring your are talking about at the frame stage? You mean floor joists are uneven? You just politely ask them to rectify the issues before paying over the invoice. Them iIssuing invoice does not mean you would have to pay ASAP. Re: Builder requesting stage payment with defects in the bui 4May 16, 2018 10:16 am Thanks for the replies. My site supervisor said the items will be rectified and they can be checked at the pre-plaster inspection. I just thought it was a bit rich that they told me they had met Australian Standards when my inspector's report clearly shows they hadn't. They requested payment within 7 days of issuing the invoice and that interest will be charged thereafter. regardless, your contract stipulates a payments schedule and SOPA doesn't give provision to that scenario. Your contractual terms appear to stand. Hence get a lawyer, it… 4 11869 Hi All, I engaged a tradie to install concrete retaining wall 600-800mm high over 32 meters in Victoria. Sleepers are 200*75*2000 mm installed over 17 steel posts. I… 0 6903 1 9474 |