Browse Forums Building A New House 1 Mar 31, 2019 10:41 am Hi I am after some general advice in regards to build delays. My builder has crossed 1.5 times of contractual build days. Technically they have breached the contract. But I am not in a position to terminate it as the works still pending can be finished in 3 weeks time if the builder schedules the work continuously. The problem here is the builder got only few things to do around the house and they are deliberately dragging a bit just because i have engaged a private inspector. I have done the slab, frame and lockup stages inspection reports where few defects were identified and they haven't fixed it yet. I can feel the reason for dragging is they want me to give up engaging the private inspector for the final stage or to give me some financial stress just to create some psychological pressure. Now it has crossed 16 months of construction. I have a written confirmation from the builder that all liquidated damages will be paid at the time of settlement. No point in taking them to DBDRV. By the time hearing schedule appears they will finish it. But if i don't take any action or pressure them i won't get my house handedover in the near future. What's the best way to deal this situation? Will the builder compensate more if they breach the contract? If not, will they continue paying LD? Re: Build delays from consumer point of view 2Apr 02, 2019 1:32 pm Hi, I'll start off by recommending you get legal advice on the matter. It would also pay to check the terms and conditions stated the building contract as it will outline who is entitled to what due to the delays. I also wouldn't be expecting anything that is not written in the contract. I'm not sure what state you're in however in Queensland we have the QBCC which can provide some information http://www.qbcc.qld.gov.au/ Hope this helps, Laurence Re: Build delays from consumer point of view 3Apr 02, 2019 1:35 pm Just noticed you are in Victoria, check the link below for the equivalent to the QBCC https://www.vba.vic.gov.au/ I would also get in contact with the DBDRV to get an opinion on the matter https://www.dbdrv.vic.gov.au/ Just to makea point about this, an approach that some people have found sucessful in negotiating these rises down, Is to provide some workings to the builder, specifying… 4 81667 In fairness nobody gave a crap about the ACCC and the gag clauses continued in the pro forma templates of a few other builders after the ACCC took on Wisdom, and more… 19 73284 While i was across this behavior's pre appointing my (the builders) surveyor, I did tell the builder i was aware what they were doing and while i disagreed with it, they… 13 14551 |