Browse Forums Building A New House 1 Jul 29, 2018 3:37 pm Dear All, Mimosa appear to be penalising home owners whop build with them for using a Private Inspector. Word has it that they charge an Admin fee to read the report. Anybody come across this? If so let me know as this is regarded as a Penalty by the ACCC and would need to be reported. Re: Mimosa Independent Building Inspections 2Oct 03, 2018 8:06 pm We are building with Mimosa and have just been informed of this $250 fee and they can add an extra 10 days onto the build. That is for every time your inspector goes to site. 4 visits = $1000 out of pocket on top of inspectors fees and 40 extra build days. Re: Mimosa Independent Building Inspections 4Oct 04, 2018 8:52 am Gaudi,
It is a breach in section 15 in some cases, section 19 but more so section 132. There is a consumer affairs case running that is looking for additional complaints about this practise. You can email consumer affairs [employee's email address removed] and quote case number C2018/08/000229. Anybody that has this clause in their contracts needs to let Consumer Affairs know as the more details the more likely the builder will be held accountable. Further, I fail to understand why the builder would do this. What are they trying to hide. Why wouldn't they want this additional checking process to build a better home. Everybody needs to take this into consideration when choosing a builder.
Re: Mimosa Independent Building Inspections 5Nov 01, 2018 2:59 pm Should anyone wish to contact Consumer Affairs Victoria, please use the following appropriate channel: https://www.consumer.vic.gov.au/contact Re: Mimosa Independent Building Inspections 6Nov 02, 2018 3:00 pm Hi Gaudi, I have questioned Mimosa how they can warrant 10 extra days per inspection. They have changed their tune to now say. " The Private Inspector’s fee will remain at $250, we have, however, amended the number of days added. It will now say “additional days will be added to the building time for each inspection, Construction Managers to advise CSO of delays and CSO to forward information to clients”. The $250 is the Administration fee for us to respond to the reports issued by your private inspector." I have gone back to Mimosa Homes and said to my CSO "The administration fee is only due and payable on the event the owners inspectors report requires a response from the builder. There should be no need for and extension of time to be granted as clause 34.0 doesn’t provide for EOT for defects or works that don’t confirm to the statutory requirements, standards and specification" This got it passed straight to management and surprise surprise always in a meeting and cant reply to me. I am quickly losing confidence in Mimosa as a builder. I'll be passing this onto Consumer Affairs as well. Re: Mimosa Independent Building Inspections 7Nov 02, 2018 4:03 pm There have been several threads that have discussed "Builder Unfair Contract Terms"...do a forum search using that term. One thread is linked below. viewtopic.php?f=1&t=86252 There is also a short list of topic related threads at the bottom of each page on every thread. The ACCC is hot on this unsavoury conduct and has already taken action against several builders. Google Builder Unfair Contract Terms or similar for further info. 3in1 Supadiverta. Rainwater Harvesting Best Practice using syphonic drainage. Cleaner Neater Smarter Cheaper Supa Gutter Pumper. A low cost syphonic eaves gutter overflow solution. Re: Mimosa Independent Building Inspections 8Nov 04, 2018 4:23 pm I just read through this one. I wish the ACCC would do something about the contract conditions that the builders are inserting into the contract in Victoria. By the time the home owner gets to contract signing stage, it is only then that they are made aware of the builders "Special Conditions". The builder has the home owner fully invested at that stage and holds all the cards. Clearly something that the ACCC needs to look at in light of the Wisdom Homes Unsavoury Conduct. By the way other builders are now following with the similar conditions in their contracts. Carlisle homes and Arden. The more complaints to the ACCC and Consumer Affair the better. Re: Mimosa Independent Building Inspections 9Nov 04, 2018 6:21 pm The ACCC needs to throw the proverbial book at them but oddly enough, it appears that the inclusion of Unfair Contract Terms in contracts is not defined as being illegal. The ACCC is pushing to change this. https://www.smartcompany.com.au/busines ... contracts/ Funnily enough, a number of the builders who standover their clients in this way are also reluctant to insert a socially conscionable amount of liquidated damages into their contracts. If one was a tad cynical, one could suspect this as an admittance by a builder of their inability to complete a house to standard by the contracted date. https://www.accc.gov.au/media-release/wisdom-to-remove-unfair-contract-terms https://www.watoday.com.au/national/western-australia/accc-forces-perth-builder-to-stop-gagging-bad-online-reviews-20171215-h05l2x.html 3in1 Supadiverta. Rainwater Harvesting Best Practice using syphonic drainage. Cleaner Neater Smarter Cheaper Supa Gutter Pumper. A low cost syphonic eaves gutter overflow solution. Mimosa Independent Building Inspections 10Nov 20, 2018 11:49 am Bnard Hi Gaudi, I have questioned Mimosa how they can warrant 10 extra days per inspection. They have changed their tune to now say. " The Private Inspector’s fee will remain at $250, we have, however, amended the number of days added. It will now say “additional days will be added to the building time for each inspection, Construction Managers to advise CSO of delays and CSO to forward information to clients”. The $250 is the Administration fee for us to respond to the reports issued by your private inspector." I have gone back to Mimosa Homes and said to my CSO "The administration fee is only due and payable on the event the owners inspectors report requires a response from the builder. There should be no need for and extension of time to be granted as clause 34.0 doesn’t provide for EOT for defects or works that don’t confirm to the statutory requirements, standards and specification" This got it passed straight to management and surprise surprise always in a meeting and cant reply to me. I am quickly losing confidence in Mimosa as a builder. I'll be passing this onto Consumer Affairs as well. Hi Gaudi, I would recommend you to engage with a building inspector if you choose to build with mimosa even if you spend a bit of money. I am building with mimosa and I am telling you, it’s all down the hill after you sign the dotted lines. I am at frame stage, you wouldn’t believe the amount of mistakes they have made. Re: Mimosa Independent Building Inspections 11Nov 20, 2018 12:17 pm guru1612 Bnard Hi Gaudi, I have questioned Mimosa how they can warrant 10 extra days per inspection. They have changed their tune to now say. " The Private Inspector’s fee will remain at $250, we have, however, amended the number of days added. It will now say “additional days will be added to the building time for each inspection, Construction Managers to advise CSO of delays and CSO to forward information to clients”. The $250 is the Administration fee for us to respond to the reports issued by your private inspector." I have gone back to Mimosa Homes and said to my CSO "The administration fee is only due and payable on the event the owners inspectors report requires a response from the builder. There should be no need for and extension of time to be granted as clause 34.0 doesn’t provide for EOT for defects or works that don’t confirm to the statutory requirements, standards and specification" This got it passed straight to management and surprise surprise always in a meeting and cant reply to me. I am quickly losing confidence in Mimosa as a builder. I'll be passing this onto Consumer Affairs as well. Hi Gaudi, I would recommend you to engage with a building inspector if you choose to build with mimosa even if you spend a bit of money. I am building with mimosa and I am telling you, it’s all down the hill after you sign the dotted lines. I am at frame stage, you wouldn’t believe the amount of mistakes they have made. Hey, Are you able to tell us where abouts are you building with Mimosa? And which private building inspector would you recommend? Cheers Re: Mimosa Independent Building Inspections 12Nov 20, 2018 4:34 pm jais guru1612 Bnard Hi Gaudi, I have questioned Mimosa how they can warrant 10 extra days per inspection. They have changed their tune to now say. " The Private Inspector’s fee will remain at $250, we have, however, amended the number of days added. It will now say “additional days will be added to the building time for each inspection, Construction Managers to advise CSO of delays and CSO to forward information to clients”. The $250 is the Administration fee for us to respond to the reports issued by your private inspector." I have gone back to Mimosa Homes and said to my CSO "The administration fee is only due and payable on the event the owners inspectors report requires a response from the builder. There should be no need for and extension of time to be granted as clause 34.0 doesn’t provide for EOT for defects or works that don’t confirm to the statutory requirements, standards and specification" This got it passed straight to management and surprise surprise always in a meeting and cant reply to me. I am quickly losing confidence in Mimosa as a builder. I'll be passing this onto Consumer Affairs as well. Hi Gaudi, I would recommend you to engage with a building inspector if you choose to build with mimosa even if you spend a bit of money. I am building with mimosa and I am telling you, it’s all down the hill after you sign the dotted lines. I am at frame stage, you wouldn’t believe the amount of mistakes they have made. Hey, Are you able to tell us where abouts are you building with Mimosa? And which private building inspector would you recommend? Cheers I am building at Jubilee in WV and I am engaging David from Above Board Building & Pest Inspections in Altona.His report are detailed and really good. I wouldn’t worry about that 10 day delay time, especially if you are building in an estate. Usually the Supervisor books jobs for 2 to 3 houses together, so he won’t loose the tradies. This is just to scare you about the delays and $250 is also to stop you from bring in a inspector so they don’t have to call the tradesman back to fix the mistakes. Good luck Re: Mimosa Independent Building Inspections 14Mar 11, 2019 4:05 pm MB, They will not advise if they are doing anything. If you get a chance ring them and ask. SM Re: Mimosa Independent Building Inspections 16May 29, 2019 2:22 am Greetings all, If the builder has a clause for charging for inspections, can the owner challenge a stage payment and/or have a counter clause stating that all/reasonable defects needs to be fixed prior to payment ? cheers MB Re: Mimosa Independent Building Inspections 17May 29, 2019 8:08 am mbarlow69 Greetings all, If the builder has a clause for charging for inspections, can the owner challenge a stage payment and/or have a counter clause stating that all/reasonable defects needs to be fixed prior to payment ? cheers MB The validity of the clause is the issue. Some clients refuse to pay it and have not paid it well after handover. Remember, the items that the private inspector picks up are the fault of the builder, not the owner or the private inspectors. Everybody that I know that has told them to get lost has won. As always seek legal advise. Re: Mimosa Independent Building Inspections 18May 29, 2019 11:17 am Small Minds mbarlow69 Greetings all, If the builder has a clause for charging for inspections, can the owner challenge a stage payment and/or have a counter clause stating that all/reasonable defects needs to be fixed prior to payment ? cheers MB The validity of the clause is the issue. Some clients refuse to pay it and have not paid it well after handover. Remember, the items that the private inspector picks up are the fault of the builder, not the owner or the private inspectors. Everybody that I know that has told them to get lost has won. As always seek legal advise. Smallminds, Who can give legal advice on such issues. Once upon a time, tried solicitors who claim they are HIA blah. They didn't give any wriggle room than what was in the contract. I thought it was a total waste of money. Any recommendations for issues like what you have stated ? Re: Mimosa Independent Building Inspections 19May 29, 2019 12:23 pm Give Pros a call on 0416 211 888. He works in Construction Law. Or John Perry on 0408 611 748. Again a construction lawyer. You have mandatory building inspections and privately engaged building inspections. The difference between the two comes down to inspecting the building so it's safe and… 3 18070 That is a really good attitude Akin to you catch more flies with honey than vinegar. I do enjoy watching that tik tok inspector from Victoria but he does go a little… 12 81889 It is true that a builder can ignore your independent inspection report as it is not part of the contractual arrangement but that is stupid because he cannot avoid fixing… 9 46858 |