Browse Forums Building A New House Re: Builder asking us to sign and accept a contract variatio 3Nov 05, 2020 1:53 pm Althom They don't have access to the Design Guidelines? That sounds a tad strange. You would have been provided with them when you purchased the land and I'm assuming you passed these on or they could have simply asked for them from the Developer. What level of Variation are they asking for? Spot on. I find it a very flimsy excuse of passing the buck to us that they don't have the Design Guidelines. I have emailed them the guidelines at 2 separate occasions They are asking a variation of at least $3,000 + for things that they have missed out on which they would not have missed out have they read the Design Guidelines. Re: Builder asking us to sign and accept a contract variatio 4Nov 05, 2020 2:19 pm If you've got records of the correspondence then they don't have a leg to stand on. Typical builder trying it on. It's their job to be aware of everything that affects their build on their site and given you've provided the Guidelines than it's up to them to make sure they comply. Just like it would be their job to comply with the BAL rating of your land. Be prepared for them to throw one of their staff under the bus. If you were dealing with one of their Salespeople, for instance, when you forwarded the info be ready for them to claim "he didn't pass it on", "he didn't allow for it in costings", "he's no longer with the company". Re: Builder asking us to sign and accept a contract variatio 6Nov 05, 2020 9:54 pm Actually you wear two hats, you are the purchaser of the land (Hat 1) but you also wear the Hat as the developer (Hat 2). You are engaging the Builder as the principal contractor but you are doing this as the developer of the project. The builder is not a party to the land contract (unless they own & sell the land) it is your responsibility to provide all relevant documents affecting the Land that could impact the building, this actually also includes the likes of easements, BAL ratings etc, the Build Contract includes a section for "Owner disclosure" where you are meant to insert if a covenant is applicable. As the builder is not party to the land contract, they have no standing with the developer. Sorry, but you bought the problem "land with a covenant" so you are responsible for the covenant We are Expert Consultant's, and we are here to help. Re: Builder asking us to sign and accept a contract variatio 7Nov 05, 2020 10:11 pm BuildingandLegal Actually you wear two hats, you are the purchaser of the land (Hat 1) but you also wear the Hat as the developer (Hat 2). You are engaging the Builder as the principal contractor but you are doing this as the developer of the project. The builder is not a party to the land contract (unless they own & sell the land) it is your responsibility to provide all relevant documents affecting the Land that could impact the building, this actually also includes the likes of easements, BAL ratings etc, the Build Contract includes a section for "Owner disclosure" where you are meant to insert if a covenant is applicable. As the builder is not party to the land contract, they have no standing with the developer. Sorry, but you bought the problem "land with a covenant" so you are responsible for the covenant I have provided all relevant documents including Design Guidelines to them at the sales stage and prior to the contract signing stage. Have also told them that this needs to be complied with to obtain developer's approval for the purpose of being issued a building permit. Not sure what you meant here by covenant though Re: Builder asking us to sign and accept a contract variatio 8Nov 05, 2020 11:12 pm covenant = Design Guidelines We are Expert Consultant's, and we are here to help. Re: Builder asking us to sign and accept a contract variatio 9Nov 06, 2020 12:47 pm BuildingandLegal Actually you wear two hats, you are the purchaser of the land (Hat 1) but you also wear the Hat as the developer (Hat 2). You are engaging the Builder as the principal contractor but you are doing this as the developer of the project. The builder is not a party to the land contract (unless they own & sell the land) it is your responsibility to provide all relevant documents affecting the Land that could impact the building, this actually also includes the likes of easements, BAL ratings etc, the Build Contract includes a section for "Owner disclosure" where you are meant to insert if a covenant is applicable. As the builder is not party to the land contract, they have no standing with the developer. Sorry, but you bought the problem "land with a covenant" so you are responsible for the covenant quick question, arent the HIA contracts essentially design and construct contracts? Simeon McGovern Affordable Custom Homes, We design and build to your budget Ashington Homes www.ashingtonhomes.com.au Re: Builder asking us to sign and accept a contract variatio 10Nov 07, 2020 12:36 pm There is nothing preventing owner executing standard HIA building contract with the builder using own independently prepared plans and specifications, however in vast majority of cases project builders use them with their plans. 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: Builder asking us to sign and accept a contract variatio 11Nov 07, 2020 12:41 pm BuildingandLegal Actually you wear two hats, you are the purchaser of the land (Hat 1) but you also wear the Hat as the developer (Hat 2). You are engaging the Builder as the principal contractor but you are doing this as the developer of the project. The builder is not a party to the land contract (unless they own & sell the land) it is your responsibility to provide all relevant documents affecting the Land that could impact the building, this actually also includes the likes of easements, BAL ratings etc, the Build Contract includes a section for "Owner disclosure" where you are meant to insert if a covenant is applicable. As the builder is not party to the land contract, they have no standing with the developer. Sorry, but you bought the problem "land with a covenant" so you are responsible for the covenant As the OP has posted he has provided all relevant documents and has the communications trail to prove it I work with owner, he/she is my man on the ground and I instruct them when to visit the site and take photos and I have other tools in the bag. 4 15284 1 2992 Looking for advice on whether this variation in tile colour is acceptable. The large tile on the left was used in my main bathroom renovation 1 year ago. My ensuite… 0 8493 |