Browse Forums Building A New House Re: Variations - by builder 2Oct 10, 2021 8:58 am Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs Re: Variations - by builder 4Nov 01, 2021 12:11 pm Get sound legal advice. We manage Building Disputes, Construction Contracts, Security of Payment. PM for queries. https://www.contractsspecialist.com.au/articles/ Re: Variations - by builder 6Nov 02, 2021 7:57 am The bottom line in a design and construct contract is a lump sum contract in which the builder is responsible for all costs from start to finish the only exceptions being PC items, provisional sums and on occasion a variation resulting from unforeseen event outside builder's control. Unless your paving is a designated provisional sum (subject to adjustment) and you have not asked for a variation the builder must provide driveway as shown on plan. Whoever looked at the plan and determined it is 44 m2 when in fact a diligent calculation would have produced 75m2 should pay for it out of their own paypacket. 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: Variations - by builder 7Nov 02, 2021 6:31 pm Thank you. No where on the plans does it outline the actual m2 of our driveway. Contract states 44m2 is included, but just before driveway was prepped for pour builder advised the variance due. Looks like contract wording will be our undoing as states on their contract and the master builder contract… “Contract price adjustment when cost exceeds allowance…” Re: Variations - by builder 8Nov 02, 2021 8:27 pm AnnH Thank you. No where on the plans does it outline the actual m2 of our driveway. Contract states 44m2 is included, but just before driveway was prepped for pour builder advised the variance due. Looks like contract wording will be our undoing as states on their contract and the master builder contract… “Contract price adjustment when cost exceeds allowance…” I don’t think so. If the extent of driveway is shown on the drawings then that is what the builder is required to do. Calculations don’t matter. Even if it were a provisional sum, it was not calculated with care so if you were in Victoria the builder would be in breach of warranties regarding accuracy of the estimate. 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 Fair Trading can issue orders to rectify and complete but once the matter goes to NCAT these orders are automatically vacated. You will have to terminate contract and sue… 21 29717 It seems very clear to me that your contract states that a security account does NOT need to be established so the answer to the builder is NO. If in doubt find a contract… 1 8510 The fastest thing a builder will do is bank your cheque, those systems work perfectly with lightning speed, everything else is slow burn. Just the way it is. 1 8707 |