Browse Forums Building A New House Re: How often do you visit your site? 670Jan 06, 2020 8:56 am Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs Re: How often do you visit your site? 680Jan 11, 2020 9:51 am Hi TeslaCyberTruck and Jo0853 There were 6 different SS one after the other, then Metricon's building supervisor finally took over personally to address the defects once they realised they could no longer bluff, bully and BS me. I used a suburban solicitor with building dispute experience for strategic and tactical advice plus checking my dispute letter drafts before I sent them to Metricon. Twice he had to send legal letters directly to Metricon, however. The legal action resulted in a time bound rectification order made be the NSW Department of Fair Trading, which Metricon breached anyway, taking an additional 5 months to complete most rectifications beyond the deadline they had agreed to following mediation. Metricon inadvertently sent me some of their internal emails about this issue which provided interesting reading about their attitudes and behaviours. Some defects i just had to ultimately accept, unfortunately. The solicitor's engagement was on an as required basis over a period of about 9 months, billing for about 10 hours at $550 (inc. gst) per hour. My investment of time and stress was also significant. Regarding a 'penalty payment' clause: When I checked the contract I was naive about the liquidated damages clause in the HIA contract, overlooking specifically how unfair Metricon's damages amount was at $30 per working day after the contract build time of 42 weeks (less rain days) compared with my rent and storage etc costs of about $1,500 per week. This low provision meant Metricon's costs of deliberate delaying tactic are minimal, which they can leverage as required to pressure customers to accept defects because they need to move in. Unfair builders contract terms and such unconscionable behaviours can be challenged in court, however I had neither the finances or the remaining energy to pursue this. Better for the ACCC or a building commission to do this. 9 24782 In Victoria you cannot put a caveat on arising from a domestic building contract. 65 112357 Thanks mate. Yeah good points! Leaning towards Option 3 to get a bit extra space in the cabinets but not going too crazy high (and expensive). Would require a mini… 13 39682 |