Browse Forums Renovation + Home Improvement 1 Jun 06, 2014 6:18 pm I am helping a family member reconcile all their variations from a renovation (Vic). I have come across "extension of time" sheets, where only the Builder's representative has signed (it doesn't have a section for the client to sign). I have also come across variation forms that have some work mentioned and then additional days added to the build (small print). Often my relative has not signed these type of variation forms. One i found had two versions - one the relative had signed for 4 days (they said they had okayed that) and one that was signed by a builder's representative over a year later from the date of the VO issue (not signed by relative) for 90 days. The one for four days was issued by [someone in the main office] and the one for 90 days was "issued" by a site supervisor not employed by the Builder during that year of the build, and was working in the renovation a year after the VO was issued. The Builder has recorded the 90 days VO as the official time extension. A time extension sheet was done for the Builder's "break" which was 25 days, and the form was signed two months afterwards by the Builder's representative. [the build was over the original completion day by about 200 days and according to the Builder they had valid reasons for a lengthy renovation for about three quarters of these over run days, no compensation to client or final account sent although repeated requests for variation order etc reconciliations and copies of signed VOs etc] So some questions - can a Builder's rep sign off on an extension of time months after the time period stated (ie the client was not able to dispute the time extension as they received notice months afterwards) and is it legal for a VO to be considered official for an extension of building time when there are two versions, one vastly in favour of the Builder (signed over a year after the issue of the VO and not signed by the client) also signed and issued by someone not employed by the Builder when the VO was issued. If a client does not sign a variation where there is a building time extension on it but the Builder continues on with it anyway, is that legal? Is a variation form the same as an extension of time statement? (Victorian HIA contract - states that all variations have to be signed by the client etc and that client should have the opportunity to question extension of time claims) PS legal advice being sought Thanks! Re: Variations and extension of time for building (renovatio 2Jun 06, 2014 8:29 pm The short answer is that variations not signed by the owner has no effect but it seems you have a complex reconciliation that is beyond layperson. You should have contract reconciliation done by an expert. 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: Variations and extension of time for building (renovatio 3Jun 10, 2014 4:34 pm Hi Kats, This is a typical issue with building, delays! I can help you out..usually an extension of time to be granted to the builder must be granted by the owner and not the builder himself. Do you have liquidated damages? Feel free to PM me or contact me at the office and email me a copy of your contract so I can provide you with a free consultation and full and proper advice. In a nutshell, the builder cannot sign and issue itself variations unless agreed to be the owner. If the time for construction runs 1 1/2 times longer than the construction period you have a right to terminate the contract, also you need to look at the liquidated damages in your contract to see where you stand there. Olivia Hello Josh, This is Irving from PRIMA, we are a manufacturer of the staircase, railings, kitchen cabinets, windows, doors from China. If you have requirement to purchase… 0 3550 It seems very clear to me that your contract states that a security account does NOT need to be established so the answer to the builder is NO. If in doubt find a contract… 1 6359 The fastest thing a builder will do is bank your cheque, those systems work perfectly with lightning speed, everything else is slow burn. Just the way it is. 1 5613 |