Browse Forums Building A New House 1 Oct 29, 2018 9:52 pm Hi all I’m in a big dilemma with a doggy builder. During build he requested us to pay directly to his suppliers and with lot of disputes we had to agree as we had no choice in order to finish the build soon. Now build is completed except installing down pipes by a plumber. We have over paid the builder by 25k and he is refusing to give OP and over payments we did. What can we do? We have a case with DBDRV pending VCAT but a long wait time, can builder hold off the work and not provide OP as per the contract? He is now accusing us that we have done an alfresco improvements without his knowledge whereas we only provided his site supervisor the carpenter contact details and we have proofs that they coordinated work Can we get OP directly via the building Surveyor without builders involvement or if we legally terminate contract can we get the OP by ourselves? Pl help Re: Builder refusing to give OP 2Oct 30, 2018 7:11 am For the OP, all the certificates from different contractors (plumbing, waterproofing, electrical, concrete, BASIX certificate from builder etc etc) are required to be submitted to the certifier / council. Do you have all of these. You could call up the certifier and ask him direct. Re: Builder refusing to give OP 5Oct 31, 2018 7:48 am I would also add " Get copies of compaction & structural certificates.." Some builders misplace them accidentally, when things start going wrong with their clients build. Forewarned is forearmed Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs Re: Builder refusing to give OP 6Oct 31, 2018 11:21 am There is not much you can do unless your builder has requested a final payment in which case OP has to be given to you first. If the builder is late it will be adjusted with liquidated damages. 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: Builder refusing to give OP 7Oct 31, 2018 7:48 pm Bit of a sticky situation, as said above, make sure from here on out everything is in writing and it may be worthwhile engaging a professional to look at your situation before VCAT? Re: Builder refusing to give OP 8Oct 31, 2018 8:59 pm Hi thanx all for your replies, builder issued us a contract termination notice today and we will seek legal assistance for this. Can anyone recommend a good construction law firm in Melbourne? Also VBA said builder has to issue compliance certificates to us for the work carried out but do you know how can we get the remaining work completed now? Re: Builder refusing to give OP 9Oct 31, 2018 9:22 pm Sorry things have gotten to this point for you. If only DBDRV wasn’t such a mess and clients can get advice and mediation within reasonable time frames. https://au.linkedin.com/in/vin-eddy-7918b5157 Vin Eddy is a lawyer who has a background in construction. You can consult with him for free for 20-30mins and he can review documents and discuss options Re: Builder refusing to give OP 10Nov 01, 2018 6:28 am How did you overpay 25K, were all progress claims documented? were variations documented? What re the grounds for builder seeking termination? 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: Builder refusing to give OP 11Nov 01, 2018 7:08 am Gaudi Sorry things have gotten to this point for you. If only DBDRV wasn’t such a mess and clients can get advice and mediation within reasonable time frames. https://au.linkedin.com/in/vin-eddy-7918b5157 Vin Eddy is a lawyer who has a background in construction. You can consult with him for free for 20-30mins and he can review documents and discuss options Gaudi DBRV was never going to work, all it is is another hoop(between consumers and justice) for consumers to jump and waste money and time. Before DBRV we had VCAT mediation before hearing, now we have DBRV mediation, if it fails as it will unless owners are bludgeoned then we have VCAT mediation before hearing. The consumer protection in Victoria is the con of a century, people that are employed to protect consumers are instead deceiving them and making them spend tens of thousands of dollars. The laws we already have to penalise builders for defective builders work, inadequate contract administration and misconduct and stop the $hit are not enforced. 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: Builder refusing to give OP 12Nov 01, 2018 3:21 pm Well we kept on paying since all we needed was to get OP and move in. Now since builder terminated the contract - until solicitor prepares legal work, can we get some tradesman to complete the remaining fixes including down pipe plumbing work? -also is the building still covered by building insurance against thefts/damages or do we need to get insurance now? Re: Builder refusing to give OP 15Nov 01, 2018 3:40 pm Reading through your thread, in Victoria, the Building Surveyor works for the home owner, not the builder. Get onto them and ask what they have and then what they have not got so that you can chance it down. Once the RBS has the certificates, he/she can issue the OP at your direction. The builder cannot override your direction to the RBS. And every body is right. The DBDRV is a complete oxygen thief. They have the legislative power, however are nothing more than a further fronting of the old BACV system! They need to grow some big ones and start doing their job. Typical state government employees wasting our hard earned tax dollars on pushing paper. What about the innocent home owner that they are there to protect. Sham on every one of them..... The quicker we go back to the VCAT system the better. Even that stinks.......... Re: Builder refusing to give OP 16Nov 01, 2018 4:09 pm I was thinking further about your situation. I would log onto the VBA web site and go to: http://www.vba.vic.gov.au/disputes-and- ... w-to-lodge I would lodge a complaint against the builder for professional conduct if the builder has done what you say. The VBA is obligated to investigate any and all complaints against a builder in relation to money uses and any misconduct. The new builder regulations, section 265 states that a builder must act in a professional way. The old regulations under section 1502 also called for this. I hope this helps. The builder will then if all is as you say, be asked to explain why he has done these things. There are always two sides to every storey. Re: Builder refusing to give OP 17Dec 09, 2018 7:48 am anu123, Who employed the building surveyor, you or the builder? 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: Builder refusing to give OP 18Jul 24, 2023 8:18 pm Hi anu123, Can you please give me an update on how things worked out for you? I’m currently undergoing the same VCAT and VBA process with this builder 🙈 Thank you 🙏 Re: Builder refusing to give OP 19Jul 25, 2023 8:45 am firsthomebuilds Hi anu123, Can you please give me an update on how things worked out for you? I’m currently undergoing the same VCAT and VBA process with this builder 🙈 Thank you 🙏 lots change din the last 5 years, not sure any outcome would be overly relevant to your situation. Just continue with the process and make sure you have a good lawyer. Re: Builder refusing to give OP 20Feb 20, 2024 11:31 am anu123 Asta homes. They go by different names. TNT property, buildforme, etc Hi Anu123 Just wondering, how it ended up? Have you complete the building with other builders? And did you get anywhere with legal action? I also have a case with VCAT with this company buildforme. But I didn't continue with VCAT as I am exhausted dealing with them. It has been a heartache and headache. They build my single story house for 3 years and I had to accept the incomplete house at the handover. Hi Mofflepop, I would recommend finding a building designer to prepare plans, they should design to your specified budget. The benefit is you can tender the project out… 9 20413 Hi, did you get any money from insurance? if you did, does it match what you've already paid the builders? 3 9565 |