Browse Forums Building A New House 1 Jun 28, 2018 4:55 pm My custom builder is not doing any work since contract end date lapsed in feb and work is at fixing stage. What should I do? Delay of more than 6 months 2Jun 28, 2018 8:24 pm Irfanizami My custom builder is not doing any work since contract end date lapsed in feb and work is at fixing stage. What should I do? Talk to them. Find out what the issue is an use your best negotiation and diplomacy skills to get them back to work. Be flexible as best as you can, but avoid being taken for a ride. Customs builds, especially under a fixed price control, are notorious with regards to schedule failures. If you can’t reach a point you are happy with, you need to start documenting the issue to build a case to take to fair trading. Trouble with approach that is that the build will be finished by the time they look at it and there will be bad blood between you and builder. Makes the first approach the best one. Oh, and read your contract. It’s amazing how many people don’t so they have no idea what they have agreed to. Re: Delay of more than 6 months 3Jun 28, 2018 8:34 pm Thanks but I have times and again tried to negotiate but in vain. He has provided revised schedule but no work done except plaster since Feb. He is doing some other projects I am aware of but just not doing mine and 2 of my other friends' houses in same vicinity. I even registered a complaint in Dispute resolution authority VIC and told him but again no luck. Looks like only option to think of is VCAT. As per contract he has to provide $300 per week of liquidated damages. Re: Delay of more than 6 months 4Jun 29, 2018 12:58 am I think DBDRV have a 3-4 mth turn around to contact you and decide if they will proceed with dispute. Don’t know how long after that you attempt mediation before VCAT is an option. Try to get specific information if you don’t have it so you are aware of timelines. Hopefully you still owe 40% or significant proportion. Best person to advise you and your friends on your builders contractual obligations is a construction lawyer. They may be able to contact the builder on your behalf if you remain at a complete loss of how to proceed. Keep trying to talk with your builder and document all attempts to communicate. Send an email when calls are not returned. If you have a phone call with the builder write an email back thanking them for their time and outlining what was agreed to. At least liquidated damages is not $10/100 or some of the ridiculous amounts recently posted on here. Re: Delay of more than 6 months 5Jun 29, 2018 7:39 am A probable explanation is that at fixing stage your builder has most of your money including profit and the cost to complete is equal to or more than is left in the contract. That is why loss of interest in your job and other jobs are more important because that is where profit chase and cashflow is. 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: Delay of more than 6 months 6Jun 29, 2018 8:32 am Can anyone please recommend a good construction lawyer to seek some legal advice? Thanks! Re: Delay of more than 6 months 7Jun 29, 2018 8:33 am Irfanizami Can anyone please recommend a good construction lawyer to seek some legal advice in Melbourne? Thanks! Re: Delay of more than 6 months 8Jun 29, 2018 9:35 am Irfanizami My custom builder is not doing any work since contract end date lapsed in feb and work is at fixing stage. What should I do? The problem is Builders are waiting for rates to drop In the meantime you are stuck.. there is nothing a lawyer can do if its the std HIA or MBA building contract... ? Goodluck Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs Hi, My home construction is complete, and the handover is scheduled next week. However the construction has been delayed and I have raised this to the builder. The… 0 5345 1 8871 This certainly doesn't look good. I would be engaging with an independent inspector to have a look at this. As for the unscheduled site visits, most builders are quite… 1 28417 |