Browse Forums General Discussion Re: Right to have stage inspections 9Sep 14, 2018 6:17 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: Right to have stage inspections 11Sep 14, 2018 8:47 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: Right to have stage inspections 14Sep 14, 2018 2:46 pm SaveH2O building-expert You have a statutory right to an inspection and you cannot be charged for your legal rights. Contract cannot override your statutory rights. If you are in Vic you can refer to VBA. The above is correct plus it would almost certainly breach "Unfair Contract" laws. See further below. When builders try this garbage and disrespect their customers who are providing them with a living, you have to ask what they have to be afraid of. You also need to check your contract for "Performance Solution" provisions. Would you be happy with water resistant instead of water proofing in wet areas, weaker mortar mix, recessed Damp Proof Course and other such "Performance Solutions" that have become common? Also make sure that the provision for Liquidated Damages are fair and just. The poor new home buyer in the thread that I have linked below signed a contract that provided only $1.00 per day. viewtopic.php?f=31&t=81157&view=unread#unread You also need to make sure that the contract doesn't have any double charges or grade 2 arithmetic fails which 'strangely' are invariably in the builder's favour. I once found a $9,000 double charge for one forum member when looking at their hydraulic assessment but that pales into insignificance when compared to one forum member's $26,000 'mistake' in the thread below. I am sure that there have been some bigger ones that have gone unnoticed though! viewtopic.php?f=31&t=70524 The above points barely scrape the surface unfortunately. 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. Thank you for that. Re: Right to have stage inspections 15Sep 14, 2018 2:59 pm On a related topic, I've been told by a colleague that his builder prohibits independent stage inspections. Apparently its written into this contract. Surely this can't be legal? Builder is Allworth homes. Re: Right to have stage inspections 16Sep 14, 2018 3:04 pm bluetess Nuri Which builder is this? It's the first I've heard of it. Mimosa homes. It’s a new ‘administration free’ according to them and because they are a ‘volume builder’ they cannot alter the contract.... yeah sure.... I built with Mimosa. This must be something they only introduced recently, as I was allowed to have inspections. I read someone else mention this new fee as well. They probably got sick of all the independent inspections people were doing, lol. Mimosa won't alter your contract by the way. I tried when I signed up as there were some clauses I wasn't happy with. Their policy is basically 'take it or leave it', which is the case with most volume builders to be honest. Personally, I wouldn't be signing a contract with any builder if they tried to charge me for having an independent inspection. The inspections themselves aren't exactly cheap as it is. Re: Right to have stage inspections 17Sep 14, 2018 3:07 pm Dilan_ On a related topic, I've been told by a colleague that his builder prohibits independent stage inspections. Apparently its written into this contract. Surely this can't be legal? Builder is Allworth homes. No idea if it's legal or not, but this does not surprise me. Building contracts are heavily biased towards the builder...it's really unfair, and they keep making things worse. Good luck getting them to alter the contract too. I know most people go with a volume builder as it's a far more affordable option, but I don't think I would go down that road again unless it's an investment property. If I build another house for myself to live in, I will either go private or do an owner build. Re: Right to have stage inspections 18Sep 14, 2018 3:27 pm Dilan_ On a related topic, I've been told by a colleague that his builder prohibits independent stage inspections. Apparently its written into this contract. Surely this can't be legal? Builder is Allworth homes. Nope that’s not right it’s within his rights to have them. Consumer affairs website will tell you that. They can’t stop it Re: Right to have stage inspections 19Sep 14, 2018 3:28 pm bluetess Dilan_ On a related topic, I've been told by a colleague that his builder prohibits independent stage inspections. Apparently its written into this contract. Surely this can't be legal? Builder is Allworth homes. Nope that’s not right it’s within his rights to have them. Consumer affairs website will tell you that. They can’t stop it Refer to section 19 access to building site Re: Right to have stage inspections 20Sep 14, 2018 3:34 pm My builder (volume builder) tried putting in an extra 2 weeks to the contract period for every inspection, however I was able to get them to change it to the effect that no time will be added for genuine defects in relation to relevant standards etc etc . So far they have been surprisingly cooperative with Darbecca and even liaised directly with them .....they say they work with them regularly 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 18737 I'm putting a new floor in my kitchen, slate flagging on a standard concrete slab. I have allowed for a bed thickness of up to 20mm to accommodate the different… 0 17858 They using concrete or timber sleepers? Timber or steel uprights? 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