Browse Forums Building A New House Re: Late Variation before handover 2Oct 07, 2009 11:32 pm mudmap We have a dilemma and would like some advise. Before starting our house our builder asked where we wanted the draws in the kitchen and bathroom cabinets, which we sketched and emailed. Then as the cabinets were going in they sent us a variation of $1600 for 'additional draws'. We protested that the schedule lists draws and nothing had changed since our sketch. They said they forgot to price them so we simply didn't sign the variation (which is required as per the contract) Friday this week is our hand over (1 month early to the contract date) so I've been requesting our final payment since last week which I finally got emailed today (Wednesday) and low and behold they have added the $1600. We have our carpet layer and timber floor people coming next week and we gave notice on our rental. What do I do? I have a call with the builders director but I suspect he'll say pay or no keys. Seperate to the physical signed variation paperwork being raised, when you requested the draws did they make you aware there would be an upgrate cost? Re: Late Variation before handover 3Oct 08, 2009 12:01 am Hi There, Don't panic this could very well be an honest mistake. You could email them and remind them that you never agreed to the variation. and wait for their answer, I doubt they will refuse to give you the keys over $1,600. They will want their final payment. Good luck, fingers crossed. T. Re: Late Variation before handover 4Oct 08, 2009 9:10 am Thanks for you replies. We deliberately did not sign the variation and made it clear that we were not aware that a variation was warranted. I guess because of our other commitments we have to decide what is cheaper - accept the variation or accept the delay in arguing it. Re: Late Variation before handover 5Oct 08, 2009 9:13 am If you signed a contract and they forgot to charge you for something that is hardly your fault. I'm sure if it was discovered that they over charged you they wouldn't be pointing it out and giving you a refund 'A bottle of wine contains more philosophy than all the books in the world.' Louis Pasteur Vegie garden: viewtopic.php?f=19&t=27637&start=0 My Backyard Adventure Re: Late Variation before handover 6Oct 08, 2009 10:00 pm It doesn't sound like they're trying to rip you off. There are more creative ways to get much more than $1600 out of you. If this is their standard charge for the work and they are just late asking for the money I'd pay it. It feels like an injustice, the timing of it seems like blackmail. However, it might just be their accounts department doing the sums now that everything has been done and realising the mistake. Legally the paperwork says you don't have to pay it but just try fighting a builder. Builders aren't hurting financially, they can wait you out. They only lose the interest gained on that final payment because you have to pay eventually. What I'm saying is if the cost could be justified by the builder then swallow your pride and pay. It will cost you more to fight it(rent+mortgage). Its harsh. I think I'm giving you logical advice but I'm not sure I could follow this advice if I was in your shoes. Gravity. Its the law. At lock-up stage(lock-up stage) https://forum.homeone.com.au/viewtopic.php?f=31&t=25438 Re: Late Variation before handover 7Oct 08, 2009 11:57 pm Thanks Trepidman. You're right in that this is a result of slack office staff, which has been a common theme. We found that we are forced to comprimise everytime a mistake is made but it doesn't go both ways which starts to wear you down. But the good news is that this time it has and I have negoiated a cheaper variation today so the hand over will go ahead tommorrow as planned. Re: Late Variation before handover 8Oct 08, 2009 11:58 pm BTW trepidman, good luck with your build, you seem to be well prepared. Re: Late Variation before handover 9Oct 09, 2009 10:23 am It's a great feeling having a win and right before handover. You probably won't read this for awhile as you're moving in today. You'll probably log on some time down the track exhausted but deeply satisfied. It's a beautiful spacious home and I envy where you're at. Congratulations Mudmap, enjoy. Gravity. Its the law. At lock-up stage(lock-up stage) https://forum.homeone.com.au/viewtopic.php?f=31&t=25438 yes it does, you've just not understood it. theres a difference. 4 5322 Like I said the Occupancy Certificate is not the tollgate that marks the completion of the house. The contract defines… 7 10743 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 15265 |