Browse Forums Renovation + Home Improvement 1 Jan 25, 2016 8:33 pm Hi, We are raising an older house on concrete stumps, building in underneath, extending large areas and creating new rooms and removing walls to open plan the living and lounge rooms. It is quite extensive. We have been renovating with a reputable company for 18 months now in Cairns Far North Queensland. We signed a contract with a fairly detailed description of what was to be done with some provisional sums allocated as well. We have been given 10 variances so far which we have signed and approved (you would expect this on a large job), and have regularly asked to be kept up to date on our payments and where we were with payments at each progressive payment installment. We have paid all but the final end of build payment. This was to keep us knowledgeable and on track with our budget. We are getting very close to the completion of our renovation, and the builder has suddenly hit us up with a large list of bills for variances which we have not approved of, seen in writing or even been told of. Some of these go back over a year and are involved with work done in the first progressive payment. We are not financially capable of paying all of these (due to running a tight budget) and if we had known the costing of some of them would not have gone ahead. Some items are house raising extras, extra cladding for the walls, scaffold hire, extra tiling (no allowance was detailed on plan other than tile this area), insulation in the walls etc etc. We have been given verbal assurances from the builder on several occasions that we were up to date financially, and we have written emails requesting our progress payments and variances on several different dates. I specifically asked to be up to date so I didn't get bills like this at the end of our build. I think there has been some changes in staff from who quoted and completed half the job, and now someone else has taken over. I have looked up building codes and they clearly state variances must be in writing, approved and signed by owner and done within 5 working days of acknowledging them. None of these occurred on these particular variances. We have a pretty good track record of how our variances have been dealt with throughout the reno, so have always thought we are on track. Where do I stand on these payments, as I've been happy to pay what I know about, but don't feel I'm responsible for unapproved variances, especially ones over 12 months ago? Re: Variation Payments 2Jan 26, 2016 5:54 am If you have got good written records, in my experience, it would seem you are in a good position to defend these claims. You won't be able to rely on any conversations unless you confirmed these in writing or an email, at the time. At this stage you need to contact a lawyer to represent you in this dispute. The Harder You Try - the Luckier You Get ! Web site http://www.anewhouse.com.au Informative, Amusing, and Opinionated Blog - Over 600 posts on all aspects of building a new house. Re: Variation Payments 3Jan 26, 2016 7:28 am Has the builder previously told you of these items - ie in writing and gained your consent ? Hopefully as BW said you have all the documentation and this will show what you have agreed to. Good records help prove the time line and support your claims. But - definitely consider legal help. Re: Variation Payments 4Jan 26, 2016 8:22 pm The contract has nothing about variances written into them. We verbally talked about variances and on 10 occasions agreed and signed official forms to them. We were always given the price and work required before anything happened. These final charges have never been mentioned until now, 14 months later, and on our last progress payment, (No 5 of 5 ) which should have been mentioned at progress payment number 1 and 2. . first: 9 5 6813 I work with owner, he/she is my man on the ground and I instruct them when to visit the site and take photos and I have other tools in the bag. 4 15275 Looking for advice on whether this variation in tile colour is acceptable. The large tile on the left was used in my main bathroom renovation 1 year ago. My ensuite… 0 8489 |