Browse Forums Building A New House Re: Do I have a leg to stand on? 5Feb 29, 2020 6:17 pm Steve4216 If theyre sending someone out to fix the problem and give you what was in the contract, I don't see what the problem is? My issue is that their initial stipulation that we needed to upgrade and pay extra was misleading. We're happy with the normal fittings we got, but they told us we didn't have a choice and had to pay extra for the upgrade as the basic ones wouldn't work in our house layout. It was a total lie and I would have never spent the money on the upgrade if I'd have known. I'd have never realised that I'd been ripped off if they hadn't mistakenly put in the basic fittings instead of the upgrade Re: Do I have a leg to stand on? 6Feb 29, 2020 6:17 pm CF Design They are obliged to supply as per the contract. You can submit a request for a refund of the difference in costs, but they are not obliged to agree So what happens if I flat out refuse to let them do the work? I have the keys. They can't legally enter and do work without my permission anymore. Re: Do I have a leg to stand on? 7Feb 29, 2020 6:18 pm ASJ1981 Just wondering, did you not check these things during the construction? During PCI? Funnily enough we didn't notice. And neither did our independent inspector. Re: Do I have a leg to stand on? 8Feb 29, 2020 8:49 pm BanditWandit CF Design They are obliged to supply as per the contract. You can submit a request for a refund of the difference in costs, but they are not obliged to agree So what happens if I flat out refuse to let them do the work? I have the keys. They can't legally enter and do work without my permission anymore. i would just keep the money, if you didn't want the work done you have changed your mind, after seeing the original lighting now you are trying to undo your mistake Re: Do I have a leg to stand on? 9Mar 07, 2020 5:29 am banditwandit how much is the refund you are claiming and what reasons were provided at selection as to why the basic fittings would not work. If the builder has intentionally misled you it’s reasonable to to expect the difference to be refunded’ despite your lack of diligence in checking.if deliberately misleading customers to extract more money is this builders normal practice others including the appropriate authorities should be made aware of this Re: Do I have a leg to stand on? 10Mar 07, 2020 6:40 am BanditWandit CF Design They are obliged to supply as per the contract. You can submit a request for a refund of the difference in costs, but they are not obliged to agree So what happens if I flat out refuse to let them do the work? I have the keys. They can't legally enter and do work without my permission anymore. Under your contract, you have an obligation to allow them access to complete the work as per the contract. If you don't allow them in, you're bin breach of contract and forfeit any "compensation" and open yourself to liability. That's what happens Re: Do I have a leg to stand on? 11Mar 07, 2020 7:04 am Agreed, however the builder also has a legal obligation not to deliberately mislead. If they have done this to banditwandit it's likely to others as well. Such practices should be called out. I suggest giving the builder the opportunity to do the right thing. If they don't then take the appropriate action via social media or the regulatory authority. The HIA contract should not support misrepresentations at the time of sale. Sorry! I'm new to this forum and have made a mistake in my posting! I'm looking for a structural solution to a stand alone wooden pickets fence with no structural rail… 1 3259 6 11469 Thanks mate. Yeah good points! Leaning towards Option 3 to get a bit extra space in the cabinets but not going too crazy high (and expensive). Would require a mini… 13 39271 |