Browse Forums Building A New House Re: Contract in my favour? 4Dec 14, 2017 11:02 pm 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: Contract in my favour? 8Dec 19, 2017 8:19 am Don't worry if there is an error in their favor, they'd never tell you and they'd take full advantage of it. I've seen builders take advantage of a line in a plan that assumed was the end of stairs, but wasn't and wasn't picked up by the buyer. They love their post contract change charges. But yeah, 16 days is a little too quick for a 'plan language' understanding of the contract. Re: Contract in my favour? 9Dec 19, 2017 8:31 am narbe yeah I'm probably going to do what you suggest, being my first home hopefully my builders are somewhat honest ! see more at hoffmangoldwithporterdavis.wordpress.com Re: Contract in my favour? 10Dec 19, 2017 8:52 am You are right narbe, many builders are dishonest and I spend my time mostly looking after owners who have been wronged by the builder but also occasionally there are predatory owners who want to take advantage of the builder, get something for nothing or ask for the level of quality they have not paid for. However if a dispute develops and you are 5% wrong, the other party will make it look like you are 95% wrong (and probably succeed). Nothing beats doing the right thing even if the other party isn't. This is why I said before, forget about playing games, just play it straight. 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: Contract in my favour? 11Dec 19, 2017 10:02 am narbe Hi, Just wondering if anyone has come across conditions in their favour by alot? I spotted a fine detail which is most likely a typo , it says my build time is 16 days , instead of 16 weeks. They do have a penalty of 50$ per day over their allocated build time with 10 days allowable for weather. Realistically speaking though I have been told this most likely will be unenforceable ? What does everyone think ? Has anyone has a similar experience ? Thanks In my first build, I recieved our tender which stipulated "landcaping to landscape architect's design" as a single line in the tender. The plans for the house came with a full landscaping plan. I signed the contract knowing that this was an oversight by the builder, and held this up my sleeve should things go pearshaped. And boy did i take great delight at the end of the build that ran 5 months over, with countless issues and errors through no fault of my own. The builder asked me how i would like to spend my $4k allowance on landscaping, and to be fair, if throughout the build process they were in any way reasonable, i would have gone with it and paid the extra over, but in this case, I politley told the builder that he could spend the $4k however he liked, but my block was going to be finished off as per the landscape plan, at their expense! It took 4 months, but it was done. Re: Contract in my favour? 12Dec 19, 2017 11:26 am building-expert You are right narbe, many builders are dishonest and I spend my time mostly looking after owners who have been wronged by the builder but also occasionally there are predatory owners who want to take advantage of the builder, get something for nothing or ask for the level of quality they have not paid for. However if a dispute develops and you are 5% wrong, the other party will make it look like you are 95% wrong (and probably succeed). Nothing beats doing the right thing even if the other party isn't. This is why I said before, forget about playing games, just play it straight. Thanks for you constructive comment. I'm definitely not trying to win one over on the builder. Just a first time builder whose anxious about building. Probably rightly so, Just found 8cm of overhang on my frame the other day. The builder wants to boost it with hardwood screwed into the concrete. Thanks to this forum regardless of how they fix the overhang of 8cm, I'm going to tell them to have documentation of a engineer' fix to make sure the structure is safe after fix. (QBCC indicates maximum of 1.5cm overhang over a 90mm stud) I wish that I didn't need to pay extra to make sure my builder does a right job. Certainly in my line of work (health industry) patients don't need to pay extra to make sure we do the right thing ! =) Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Re: Contract in my favour? 13Dec 19, 2017 12:25 pm mrbiggens narbe Hi, Just wondering if anyone has come across conditions in their favour by alot? I spotted a fine detail which is most likely a typo , it says my build time is 16 days , instead of 16 weeks. They do have a penalty of 50$ per day over their allocated build time with 10 days allowable for weather. Realistically speaking though I have been told this most likely will be unenforceable ? What does everyone think ? Has anyone has a similar experience ? Thanks In my first build, I recieved our tender which stipulated "landcaping to landscape architect's design" as a single line in the tender. The plans for the house came with a full landscaping plan. I signed the contract knowing that this was an oversight by the builder, and held this up my sleeve should things go pearshaped. And boy did i take great delight at the end of the build that ran 5 months over, with countless issues and errors through no fault of my own. The builder asked me how i would like to spend my $4k allowance on landscaping, and to be fair, if throughout the build process they were in any way reasonable, i would have gone with it and paid the extra over, but in this case, I politley told the builder that he could spend the $4k however he liked, but my block was going to be finished off as per the landscape plan, at their expense! It took 4 months, but it was done. Yeah that's crazy 5 months over ? Do you mean ontop of your designated build time? How long was your build in total? I'm definitely allowing 1-2 months for "delays" but wow , 5 months ! =/ Did you have an penalty per day ? over build time ? Re: Contract in my favour? 14Dec 19, 2017 2:46 pm I would keep quite. Would use to ask more money but use as a leverage when things comes up in contract in their favour. Because it will. Re: Contract in my favour? 15Dec 19, 2017 3:08 pm building-expert You are right narbe, many builders are dishonest and I spend my time mostly looking after owners who have been wronged by the builder but also occasionally there are predatory owners who want to take advantage of the builder, get something for nothing or ask for the level of quality they have not paid for. However if a dispute develops and you are 5% wrong, the other party will make it look like you are 95% wrong (and probably succeed). Nothing beats doing the right thing even if the other party isn't. This is why I said before, forget about playing games, just play it straight. Just called the construction administrator , wouldn't let me sight the Form 16's that supposedly passed the form work and slab. That 8cm overhang had to come from somewhere my best guess is the slab. Re: Contract in my favour? 16Dec 20, 2017 8:56 am Building permit is in your name and Building Surveyor is independent. You should be able to obtain a copy of the inspection certificate from their office. 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: Contract in my favour? 17Dec 20, 2017 9:17 am narbe mrbiggens narbe Hi, Just wondering if anyone has come across conditions in their favour by alot? I spotted a fine detail which is most likely a typo , it says my build time is 16 days , instead of 16 weeks. They do have a penalty of 50$ per day over their allocated build time with 10 days allowable for weather. Realistically speaking though I have been told this most likely will be unenforceable ? What does everyone think ? Has anyone has a similar experience ? Thanks In my first build, I recieved our tender which stipulated "landcaping to landscape architect's design" as a single line in the tender. The plans for the house came with a full landscaping plan. I signed the contract knowing that this was an oversight by the builder, and held this up my sleeve should things go pearshaped. And boy did i take great delight at the end of the build that ran 5 months over, with countless issues and errors through no fault of my own. The builder asked me how i would like to spend my $4k allowance on landscaping, and to be fair, if throughout the build process they were in any way reasonable, i would have gone with it and paid the extra over, but in this case, I politley told the builder that he could spend the $4k however he liked, but my block was going to be finished off as per the landscape plan, at their expense! It took 4 months, but it was done. Yeah that's crazy 5 months over ? Do you mean ontop of your designated build time? How long was your build in total? I'm definitely allowing 1-2 months for "delays" but wow , 5 months ! =/ Did you have an penalty per day ? over build time ? Yeah, they weren't too organised with my build, and yes it was 5 months over build time. Not much in the way of liquidated damages in the contract, from memory is was $100 a week, and I had to fight to get that much written into the contract. In my case, I came out on top, but many, many others don't. Re: Contract in my favour? 18Dec 20, 2017 9:31 am Narbe says "I wish that I didn't need to pay extra to make sure my builder does a right job. Certainly in my line of work (health industry) patients don't need to pay extra to make sure we do the right thing ! " Yes, in the ideal world you would not have to but the world has never been ideal. So where does this leave homeowners? It is simple, we simply do not have a basic QA system when we build our housing stock. Yes, we do have building control and that will only look after safety, health and amenity but nothing else. Here we are a first world country rubbing shoulders with a third world country. If you are waiting for a government to give you basic QA during your build you will grow old and die, waiting. Fortunately, however, there is established independent inspection industry with many good operators in all states that can do the basic stage inspections. Yes, it will add 2-3 K to your build but it's less than hair replacement. And there is a very good chance any issues will be resolved before they are built in or before they escalate into a dispute. You are far better off than paying the government to do it, for you will get nothing back. So, instead of wishing you did not have to pay more consider your fortune that an alternative and viable inspections are available which will give you value for your money. 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: Contract in my favour? 19Dec 20, 2017 9:47 am narbe Just called the construction administrator , wouldn't let me sight the Form 16's that supposedly passed the form work and slab. That 8cm overhang had to come from somewhere my best guess is the slab. That is non compliant ask for the engineering details and fixes They should be certified by the engineer BTW let me tell you how common this problem is "Builders now hand out standard engineering details for this type of fix...LOL no need for $2000 building inspector" The builders will teach you a valuable lesson in cost and time management at your expense. Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs Re: Contract in my favour? 20Dec 20, 2017 10:32 am narbe I spotted a fine detail which is most likely a typo , it says my build time is 16 days , instead of 16 weeks. They do have a penalty of 50$ per day over their allocated build time with 10 days allowable for weather. There is absolutely nothing unrealistic about a 16 day build plus a very generous weather allowance of 10 days. In fact, I think that I know who your builder is! https://www.youtube.com/watch?v=rwvmru5JmXk 3in1 Supadiverta. Rainwater Harvesting Best Practice using syphonic drainage. Cleaner Neater Smarter Cheaper Supa Gutter Pumper. A low cost syphonic eaves gutter overflow solution. You talk about deletions, are they variations or PS and PC adjustments? pleas list them 1 12005 Are you saying that these consultants are involved at key-points of the building, and perform site inspects at the stages, or only after building is completed to point… 4 8991 i wouldn't be worried, you'll definitely miss something, no matter how many times you review. we've spent close to 5 months ensuring everything got reflected in the… 5 9441 |