Browse Forums Building A New House 1 Apr 07, 2008 11:41 pm Re: Should we ask for a credit or query the construction?? 4Apr 08, 2008 12:20 am Dy, i'd stand my ground on this one, if both parties have signed off on it, then that's what you should get. The builder should have come to you with a variation if there was an issue?
Chase them up and see what happens??? Hey, who knows, it might even delay the build a bit??? Good Luck! Re: Should we ask for a credit or query the construction?? 5Apr 08, 2008 12:32 am Thanks P. I don't want to get up his nose but we made a point of changing it back to 100 mm when we picked up the modification. He wasn't too happy but changed it back.
DH just picked up on the drawings that it says 75 mm so obviously we missed that one I wouldn't be too fussed except we made the point of asking him to change it back only a month ago. Perhaps he can increase the insulation as an off-set? Maybe Yak_Chat would know .... I might PM him. Re: Should we ask for a credit or query the construction?? 6Apr 08, 2008 12:39 am Dy, did you sign a variation a month ago?
If you accept the 75mm, make sure you A). get a credit AND B).get higher insulation as compensation for the stuff up!!!! If you agreed a month ago, that should be enough i would think. See how you go? Re: Should we ask for a credit or query the construction?? 7Apr 08, 2008 1:06 am Dy, did you sign a variation a month ago? If you accept the 75mm, make sure you A0. get a credit AND B).get higher insulation as compensation for the stuff up!!!! If you agreed a month ago, that should be enough i would think. See how you go? There has been no variation signed with renderpanel mentioned. Last time we signed was the client selections in Feb which listed everything (except bathroom and kitchen variations) and the plan was signed on the same day. The owner of the company has been overwhelmed with work and the paperwork is ... shall we say not completely fabulous. Additionally we made lots of changes along the way at a time when he had a lot on his plate. The new SS is excellent and has changed the subbies but won't be happy when I ring him tomorrow and give him the news. We really like the builder ... he has some fabulous designs and is very innovative but I guess you take a risk with a new builder who is getting on his feet If he was one of the big boys I'd come out with guns blazing but to be honest I want to take it carefully and see how it goes. Am I being wimpy ??? Re: Should we ask for a credit or query the construction?? 8Apr 08, 2008 1:15 am DeeElleSo we have a contradiction between the plan and client selections (both signed on the same day). Which one takes precedence I wonder? Disclaimer: I ain't a lawyer In contract law there is a thing called order of precedence so that you can work out issues such as this. Buy way of example here's something from a typical contract we use at work (large scale civil engineering contract). Where a conflict occurs between this General Specification, the conditions of Contract, the Standard Drawings, Design Drawings or supplementary Specifications, the order of precedence is the : i. Conditions of Contract ii. Project Specifications iii. General Specifications iv. Design Drawings v. Standard Drawings Therefore if the drawings conflict with the specs then the specs prevail because they are higher in precedent. In domestic constructions the "client selections" would be the specifications because they describe the work and therefore have precedence over drawings. It's been a while since I looked at a Domestic Building Contract (like the Housing Industry Association one)....does it have something like this...should be a clause called Order of Precedence? Although from my experience (once) the HIA contract is not that useful. I hope this helps rather than confuses.....legal mumbo jumbo.... mmm....donuts Homer Simpson 1956- Links: Site Costs Ready Reckoner | H1 Addiction Medical Advice | Château TDL: The Backyard Re: Should we ask for a credit or query the construction?? 9Apr 08, 2008 1:53 am to_do_list
your response is very helpful. The original project specifications all say 100 mm as does the latest client selections. I think it we point out the mistake (maybe I am being a pollyanna here) he will agree to a compromise. I guess it comes down to whether or not we feel we are receiving a product which has a lesser R value than the one which was originally specified. But at the end of the day all the specifications and conditions of contract state 100 mm - so even if the drawings state something different perhaps we are in a place to negotiate. TYVM for your response ... much appreciated Re: Should we ask for a credit or query the construction?? 10Apr 08, 2008 9:37 am The more ammo you can go with the better you can handle the spin I reckon...and you're right if it is "equivalent" in function...so the same R value.... then it shouldn't matter what the thickness is.
Good luck mmm....donuts Homer Simpson 1956- Links: Site Costs Ready Reckoner | H1 Addiction Medical Advice | Château TDL: The Backyard Re: Should we ask for a credit or query the construction?? 11Apr 08, 2008 1:42 pm DH spoke to the builder today who acted surprised and then said he would get back to us. Which usually means thanks for ringing but I'm not sure if I'lll get around to this soon Given they are putting up the 75mm today we need to ensure we get adequate insulation to meet the R value. I think I'll ring around and see if someone can give us advice on the difference between the thickness. 0 87220 The builder wants to replace Bradnam’s with Dowell because they’ve switched suppliers and claim the quality is the same. Do you have any advice on whether we should… 0 6052 |