Browse Forums Building A New House 1 May 15, 2020 9:08 pm Hi there, We are at frame stage but there are few defects per the Australian standards that have to be rectified by our builder. We had our walk through but they only rectified some. Can you hold off payment until they have fixed those? Thanks Re: Progress payment with the builder - to hold off 2May 15, 2020 10:41 pm Depends on what your contract says but if anything like the standard one, you have to keep up to date on payments. Payment does not mean acceptance of the work. So if you have defects you want fixed, withholding payment isn't the best action. Some might get fixed later, like at framing stage I know they come back later and straighten things up. If you've got some specific concerns you might get some feedback here. Are they proposing solutions or just saying it complies? Re: Progress payment with the builder - to hold off 3May 15, 2020 10:57 pm luxbuild Depends on what your contract says but if anything like the standard one, you have to keep up to date on payments. Payment does not mean acceptance of the work. So if you have defects you want fixed, withholding payment isn't the best action. Some might get fixed later, like at framing stage I know they come back later and straighten things up. If you've got some specific concerns you might get some feedback here. Thanks. Our contract is a standard one. I just came across the Consumer VIC website which states that progress claim can be made when the work is complete and I just saw this checklist which I can reason out with my builder to hold off the payment https://www.consumer.vic.gov.au/housing ... s-complete Our private inspector came in twice to check if the defects have been rectified but most of them were left as is Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Re: Progress payment with the builder - to hold off 4May 16, 2020 12:03 am The third one looks like one to be very challenging to fix, it probably would involve removing and replacing complete segment of the wall framing! The fourth one probably needs re-bricking the whole wall (as otherwise how would they integrate wall ties)? Compromised smart joist to be completely replaced too, but this should be the simplest. Overall, what an awful workmanship! BTW, this doesn't look like a frame stage to me at all. Things like third issue could have been identified at the framing stage before the bricks started. Re: Progress payment with the builder - to hold off 5May 16, 2020 3:23 am Sorry to see your problems, but good thing you've had your own inspection done. Yeah the plumber hasn't done you any favours cutting into the joists like that. Heres what they say about smartjoist repair to compare what your builder might suggest. SmartJoist-Design-Guide-2018 page 18 Flange damage Flange damage becomes more critical the nearer it is to mid-span or an interior support. Flange damage is less critical in close proximity to an end support. How much flange damage is acceptable? A rule of thumb is "If you have to ask, it's too much". A saw kerf that knicks the corner of a flange on one lightly-loaded joist could well be acceptable. A joist with unacceptable flange damage cannot be repaired, rather a new joist must be added to take it's place. The damaged joist does not have to be removed. Consult SmartJoist and SmartLVL tables to find an acceptable new joist that is shallower than the damaged joist so installation is easier. Consider double and triple joists. If the damaged joist is multi-span, the new joist only needs to go across the span(s) where the damage occurs. A single damaged joist can sometimes be trimmed off of adjacent undamaged joists (run a calculation within the SmartFrame soft-ware). Web damage Web damage becomes more critical the nearer a support. Web damage is less critical near mid-span. Web holes can be too big to repair. A flange-to-flange rectangular hole longer than 450 mm located at mid-span probably war-rants a new joist. A 150 mm round hole located right by a sup-port probably warrants a new joist. Consult SmartJoist and SmartLVL tables to find an acceptable new joist that is shallower than the damaged joist so installation is easier. Consider double and triple joists. If the damaged joist is multi-span, the new joist only needs to go across the span(s) where the damage occurs. A single damaged joist can sometimes be trimmed off of adjacent undamaged joists (run a calculation within the SmartFrame soft-ware) Damage that could be confidently repaired in a single, isolated joist, might be judged too severe to repair if several, adjacent joists are involved If several small holes violate the 2x diameter proximity rule, but would fit inside a single acceptable hole, then the group of small holes is OK Hole repairs generally require a reinforcement that covers the full depth of the web and extends at least 300 mm past each side of the hole.Damage report information required 1.In order to design a repair, the SmartFrame engineer will have to know all of the design information that is required to run SmartFrame software. 2.Provide a sketch of the damage showing it's size, shape and location on the joist. 3.Indicate whether a pipe, duct, conduit, etc. must remain and be accommodated. 4.Indicate how many adjacent joists are affected in each case. The SmartFrame system now includes the WebFix® (web reinforce-ment) developed to be a rapid “repair” to webs where penetrations have been placed at inappropriate locations, penetrations too large or other web damage which diminishes the strength of the member. This repair system is unique to SmartJoist applications.Tilling Timber is the SOLE Australian distributor of this PATENTED system, which in most cases can be fixed around services that have been installed through the web penetrations. The WebFix® does need to be designed into each situation by SmartFrame engineers and can ONLY be purchased from Tilling offices after the structural design is completed. Where the web damage is not the result of an error or omission by Tilling Timber Pty Ltd, an engineering fee commensurate with the time taken to design the repair will be charged Re: Progress payment with the builder - to hold off 6May 16, 2020 6:14 am Firstbuild20 I expect once you have made the progress payment the builder plans to fix the plaster on ASAP to hide these defects! This is standard behavior. If you feel they are avoiding these issues send their management a nice letter by registered mail and email them a PDF of this letter. Copy the site supervisor, building manager and customer admin. Tell them you expect them to build to the agreed Australian standards in the contract, and now is the the appropriate time to rectify these defects before they are covered up and hidden. Put them on notice that that you expect to personally see their completed rectified works, and you reserve your rights to remove plasterboard etc at practical completion time or later to inspect. Advise they will be held accountable for all rectification costs. Keep all communications about this in writing, including detailed diary notes of all conversations with the builders' staff. You can also send them your records of these conversations for them to confirm or refute. If they send you the invoice for stage completion you may be able to formally dispute that payment Is due for that stage because the work has not been completed to the required standards at the necessary time. Check the contract dispute procedure clause. Disputing a builders payment is due is heavy duty serious stuff, however, and I suggest it’s best to consult a lawyer to ensure you follow the disputes procedure exactly. Also, be wary of the bluffing, bullying and delaying tactics the builder may try now. yes it does, you've just not understood it. theres a difference. 4 5332 8 6156 regardless, your contract stipulates a payments schedule and SOPA doesn't give provision to that scenario. Your contractual terms appear to stand. Hence get a lawyer, it… 4 11878 |