Browse Forums General Discussion Re: Clause in contract about independent inspections 21Nov 30, 2017 9:24 am 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: Clause in contract about independent inspections 22Nov 30, 2017 9:50 am 3in1 Supadiverta. Rainwater Harvesting Best Practice using syphonic drainage. Cleaner Neater Smarter Cheaper Supa Gutter Pumper. A low cost syphonic eaves gutter overflow solution. Re: Clause in contract about independent inspections 23Nov 30, 2017 10:01 am 3in1 Supadiverta. Rainwater Harvesting Best Practice using syphonic drainage. Cleaner Neater Smarter Cheaper Supa Gutter Pumper. A low cost syphonic eaves gutter overflow solution. Re: Clause in contract about independent inspections 24Nov 30, 2017 10:11 am Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs Re: Clause in contract about independent inspections 25Nov 30, 2017 10:26 am 3in1 Supadiverta. Rainwater Harvesting Best Practice using syphonic drainage. Cleaner Neater Smarter Cheaper Supa Gutter Pumper. A low cost syphonic eaves gutter overflow solution. Re: Clause in contract about independent inspections 26Nov 30, 2017 10:39 am 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: Clause in contract about independent inspections 27Nov 30, 2017 10:41 am Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs Re: Clause in contract about independent inspections 29Nov 30, 2017 1:05 pm brokenstick My builder has told me that I am "welcome" to use an independent builder inspector and many of their other customers do, however when going though the draft contract I spotted the below clause tucked away..... Is this normal ?? Seems like a red flag to me In the event the Client elects to engage an external inspector during a stage of the build the contract completion date will extended by the duration of 2 weeks for each report provided to the business. I got exactly the same special term! For me it's another way of saying DO NOT hire your own inspector. Is it possible to ask them to waive a special term at the contract appointment? I'm about to sign the contract as well Re: Clause in contract about independent inspections 30Nov 30, 2017 1:15 pm It probably fits the definition of an unfair term. Australian Consumer Law (contained in schedule 2 of the Competition and Consumer Act 2010 (formerly known as the Trade Practices Act). Section 23 Unfair terms of consumer contracts (1) A term of a consumer contract is void if: (a) the term is unfair; and (b) the contract is a standard form contract. (2) The contract continues to bind the parties if it is capable of operating without the unfair term. (3) A consumer contract is a contract for: (a) a supply of goods or services; or (b) a sale or grant of an interest in land; to an individual whose acquisition of the goods, services or interest is wholly or predominantly for personal, domestic or household use or consumption. Section 24 Meaning of unfair (1) A term of a consumer contract is unfair if: (a) it would cause a significant imbalance in the parties’ rights and obligations arising under the contract; and (b) it is not reasonably necessary in order to protect the legitimate interests of the party who would be advantaged by the term; and (c) it would cause detriment (whether financial or otherwise) to a party if it were to be applied or relied on. (2) In determining whether a term of a consumer contract is unfair under subsection (1), a court may take into account such matters as it thinks relevant, but must take into account the following: (a) the extent to which the term is transparent; (b) the contract as a whole. (3) A term is transparent if the term is: (a) expressed in reasonably plain language; and (b) legible; and (c) presented clearly; and (d) readily available to any party affected by the term. (4) For the purposes of subsection (1)(b), a term of a consumer contract is presumed not to be reasonably necessary in order to protect the legitimate interests of the party who would be advantaged by the term, unless that party proves otherwise 3in1 Supadiverta. Rainwater Harvesting Best Practice using syphonic drainage. Cleaner Neater Smarter Cheaper Supa Gutter Pumper. A low cost syphonic eaves gutter overflow solution. Re: Clause in contract about independent inspections 31Jan 20, 2018 7:56 am brokenstick I don't dispute that it will take time for the builder to come and fix issues, esp. if they have to organise their subcontractors to return. But if they are arguing that I don't need my own inspector, by that logic their own inspectors should be ensuring that any work is to the requisite standard. If my inspector then picks up something that their inspector missed it should not be my problem and at my penalty In fixing defects after handover time some of the project management and time cost is borne by the owner as well as the builder. Some builders (Metricon in our case) either do not inspect their contractors work, or they simply accept poor work which will covered up by subsequent works (e.g. waterproofing) for the customer to deal with later when problems arise. The reason they don't inspect the work is a combination of trusting, naive first time customers and state governments who appear not to police and enforce their own published building standards. This allows the building companies to maximise their profits at the expense of their customers by employing sub standard contractors who know that most times they will get away with poor workmanship, as it is not checked. Some contractors, I suspect, are employing inexperienced, unqualified and unsafe workers on student and holiday visas to do quick, cheap, substandard work. This should be ringing alarm bells to the Federal Department of Industry and Trade and MP's that the building industry, the state governments, and consumers accept these 3rd world practices. I am wondering what happens in Germany, for example. Norfolk Re: Clause in contract about independent inspections 32Jan 20, 2018 3:35 pm Norfolk brokenstick I don't dispute that it will take time for the builder to come and fix issues, esp. if they have to organise their subcontractors to return. But if they are arguing that I don't need my own inspector, by that logic their own inspectors should be ensuring that any work is to the requisite standard. If my inspector then picks up something that their inspector missed it should not be my problem and at my penalty In fixing defects after handover time some of the project management and time cost is borne by the owner as well as the builder. Some builders (Metricon in our case) either do not inspect their contractors work, or they simply accept poor work which will covered up by subsequent works (e.g. waterproofing) for the customer to deal with later when problems arise. The reason they don't inspect the work is a combination of trusting, naive first time customers and state governments who appear not to police and enforce their own published building standards. This allows the building companies to maximise their profits at the expense of their customers by employing sub standard contractors who know that most times they will get away with poor workmanship, as it is not checked. Some contractors, I suspect, are employing inexperienced, unqualified and unsafe workers on student and holiday visas to do quick, cheap, substandard work. This should be ringing alarm bells to the Federal Department of Industry and Trade and MP's that the building industry, the state governments, and consumers accept these 3rd world practices. I am wondering what happens in Germany, for example. Norfolk I am happy to come up with some sort of letter and sign it collectively re: Metricon Quality and Delays which arn't regulated at the moment fairly. Everything at our cost!!! They use our money, do not comply and dragging it as much as they want to.. We can take this letter to ACCC, CURRENT AFAIR, METRICON HO and etc... If we complain separetly it been unnoticed or doesnt get us anywhere. Metricon. has been good at some stage maybe but not in my case...this is with true honesty!!! I am continiously been given excuses from day one about my build and its not acceptable. Building with Metricon Liberty 45 Vogue on Sydney Northern Beaches https://forum.homeone.com.au/viewtopic.php?f=31&t=88438 Re: Clause in contract about independent inspections 33May 19, 2018 8:04 am We are about to sign up with Metricon (nsw) was wondering where we stand on the appointment of the PCA who chooses as my understanding the law changed recently and the client can now choose ? Re: Clause in contract about independent inspections 34May 19, 2018 6:43 pm Tim65 We are about to sign up with Metricon (nsw) was wondering where we stand on the appointment of the PCA who chooses as my understanding the law changed recently and the client can now choose ? Clause in contract about independent inspections 35May 22, 2018 10:52 pm Yes builders are using tactics to pressure home owners to use their surveyors in Victoria.
Good reputation of surveying company ...... remember if the builder selects them they work for the builder. And as someone else above said , sales staff of builders are delightful. They disappear once you sign the contract and most know nothing of building standards. My SS and the trades were delightful people. Does that mean that they had the time to check workmanship.... no. If the builder didn’t have anything to gain they would not be sweet talking clients to use their surveyor. It is worth the extra $ to have someone independent on your side. QUESTION THE BUILDER WHO DEMAND YOU USE THEIR SURVEYOR. KNOW YOUR RIGHTS. They do want you to sign the contract. Until you sign you have some leverage. Re: Clause in contract about independent inspections 36May 22, 2018 11:00 pm If you builder is asking for 2 weeks to rectify after inspection reports Are they ok with you delaying stage payments for these 2 weeks? Will they respond in writing to each item? Is that what they need 2 weeks? 2 weeks seems excessive for a large company who has trades on call at other jobs they can pull in. For a small company that builds a handful of homes a year, I agree trades such as bricklayers and framers can be hard to get back. But if this 2 weeks was used by my builder to fix stuff and check work done by trades or even show understanding of some items in the inspection reports like what complete separation meant when sending me photos to say it was fixed, I would have been happy. Unless there is something in special conditions the builder does not have to give you timeline. If your demolition contractor has not removed Asbestos and it was found… 12 28811 You have mandatory building inspections and privately engaged building inspections. The difference between the two comes down to inspecting the building so it's safe and… 3 18083 You talk about deletions, are they variations or PS and PC adjustments? pleas list them 1 16568 |