Browse Forums Building A New House Re: Signing Builder Contract before DA Approval 3Apr 15, 2020 4:36 pm Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs Re: Signing Builder Contract before DA Approval 7Apr 18, 2020 11:11 am Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs Re: Signing Builder Contract before DA Approval 14Apr 27, 2020 12:02 pm Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs Re: Signing Builder Contract before DA Approval 15Apr 27, 2020 1:06 pm StructuralBIMGuy Force majeure and COVID-19 – what you need to know now. It is complex and depends how you relate this to your circumstances. https://www.holdingredlich.com/force-majeure-and-covid-19-what-you-need-to-know-now Thank you. I have this in my discussion with my solicitor Re: Signing Builder Contract before DA Approval 16May 17, 2020 12:07 pm Builder still insisted on signing the contract before council approval. Negotiated with a few amendments to the contract. The final offer from the builder is to sign the contract, and if I rescind from the contract, the penalty is a payment of 4.5% (instead of 15%) of the contract price.
After careful consideration, I advised the builder my decision not to proceed with signing the contract . I now will loose my deposit. My research, and friends told me that I must be out of mind to build during the COVID-19. Last Sep 2019, heaps of builders went into liquidation. If that happens whilst in the midst of building, you can forget the builder's insurance, difficult to find another builder to take over, and the cost will exceed the balance of the contact price. During this COVID-19, news and social media revealed new building contracts are drying up. I am going for renovation. Thank you for all your feedback. Re: Signing Builder Contract before DA Approval 17May 17, 2020 2:22 pm leeroy17 Builder still insisted on signing the contract before council approval. Negotiated with a few amendments to the contract. The final offer from the builder is to sign the contract, and if I rescind from the contract, the penalty is a payment of 4.5% (instead of 15%) of the contract price. After careful consideration, I advised the builder my decision not to proceed with signing the contract . I now will loose my deposit. My research, and friends told me that I must be out of mind to build during the COVID-19. Last Sep 2019, heaps of builders went into liquidation. If that happens whilst in the midst of building, you can forget the builder's insurance, difficult to find another builder to take over, and the cost will exceed the balance of the contact price. During this COVID-19, news and social media revealed new building contracts is drying up. I am going for renovation. Thank you for all your feedback. Sad to hear you are going for a renovation now, unfortunately some builders are just stubborn, other builders I know are very flexible and will wait for approval prior to contract Re: Signing Builder Contract before DA Approval 18May 17, 2020 2:28 pm leeroy17 Builder still insisted on signing the contract before council approval. Negotiated with a few amendments to the contract. The final offer from the builder is to sign the contract, and if I rescind from the contract, the penalty is a payment of 4.5% (instead of 15%) of the contract price. After careful consideration, I advised the builder my decision not to proceed with signing the contract . I now will loose my deposit. My research, and friends told me that I must be out of mind to build during the COVID-19. Last Sep 2019, heaps of builders went into liquidation. If that happens whilst in the midst of building, you can forget the builder's insurance, difficult to find another builder to take over, and the cost will exceed the balance of the contact price. During this COVID-19, news and social media revealed new building contracts is drying up. I am going for renovation. Thank you for all your feedback. This builder is really a PITA. So sad to hear you lost your $15K, but possibly now you can work with the designer to come up with your own design and then apply for DA for you first? Then you can start looking out for the customer builder who will be willing to build to your design. Re: Signing Builder Contract before DA Approval 20May 17, 2020 3:14 pm leeroy17 I am doing a Knock Down and Rebuild. I have paid the Tender fee and have signed the Tender. I have now received the Architectural Plans, and contract. The builder wants me to sign the contract prior to DA plan submission to council. The Tender states the DA plan will NOT commence until a Building Contract is entered. My concern is, after signing the contract, and if the council rejects or amend the DA plan, I will be devastated. It took the builder and I a lot of time and effort for the modifications to the plan and the house size is stretched to the maximum to utilise the small block of land. The contract states that if I wrongfully ends this contract, I have to pay the builder damages in the sum equivalent to 15% of the contract price. I have no option but to proceed to sign the contract, hopefully for minor amendments to the DA Plan. It's a big risk for signing the contract before your DA plans gets approved. I appreciate your response and advice for those who have or are building with this problem. Thank you Hello! Absolutely Do NOT sign a building contract before you have full Development Authorisation from your Council. Without it you cannot build......Yet you would be beholden to clauses in the Builder's Contract. Also, do not believe that all Councils do the right thing either....or in fact any of them in the Development Industry! I am speaking from experience. I had a significant extension organised by an Architect , who was the Applicant. I got full proper Development Authorisation from the Council and then, without my knowledge, Council staff substituted falsified Engineering documents for the Footings and sub structure of my home build just before (probably literally days before) the start of the construction via some form of back door deal......without going through the Applicant or notifying me, the owner - there is more to this horrendous and disgusting situation, - I won't bore you on your post here. Please be very careful. Happy to answer any questions. Been in a similar position and we decided to let the builder go. Some of the PSA money goes to engineering so we at least got those documents and they actually refunded us… 2 6015 1 2962 You talk about deletions, are they variations or PS and PC adjustments? pleas list them 1 16455 |