Hi.
New to this forum but I have a few questions I would like considered.
I am building an inground concrete pool. They dug the hole the day before it rained for 4 days. Everyone knew it would rain. Surprise, surprise the sides collapsed necessitating further excavation and then formwork for the outside walls.
My question. seeing as how they knew it would rain am I responsible for the variation and hence the extra which will come to about $3200. The contract is a standard pools and spas assn one it seems and says variations to the price are payable by the customer if it is outside the control of the builder. I'm maintaining it was within their control. This a legal point I know but maybe it's been done before and there is a precedent.
I am also disputing the price of the variation. OK the excavator was $600 and two blokes to form up the walls using used materials took one day and I am charges $180 per sq m. Good money if you can get it.
The contract also clearly states the cost of the variations can only cost the customer what it cost the builder. they can't add a bit on for themselves. I think they must have but I can't prove a thing. the obvious reason they dug the day before contracted rain was to get their next payment. They didn't care about the consequences. In fact they will get more out of it.
Sorry this is a bit long but that's what's happened.
Any advise appreciated. Even name of a good lawyer who knows about these things in sydney south west