Should we ask for a credit or query the construction??

DeeElle · Apr 07, 2008 11:41 pm

Our second story will be made of renderpanel (lower level is hebel). We decided on renderpanel due to the R value and could have had hebel at the same price. In the initial contract it was specified as 100mm renderpanel.

We received the final spec days before the foundation was laid and saw it had been changed to 75 mm renderpanel. When we questioned it the builder changed it back to 100 mm.

We went to site tonight and they have started putting up 75 mm. My guess is the frame has been made for 75 mm so we can't change it now.

My question is does this make a difference to the R value and is there a big difference in cost. I'm thinking of asking for a credit given the entire upper story will be made from a thinner product.

PhoenixStar · Apr 08, 2008 12:03 am

Dy what is on the final drawings? Is it 100mm or 75mm?

If you can't have 100mm, make sure you get extra insulation to offset any loss because of the thinner sheeting!!!

Check your drawings?

DeeElle · Apr 08, 2008 12:14 am

P the final drawings don't say anything about the walling system but the final client selections says 100mm renderpanel walling system.

You really have to watch every little thing

.

PhoenixStar · Apr 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!

DeeElle · Apr 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

. So we have a contradiction between the plan and client selections (both signed on the same day). Which one takes precedence I wonder?

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.

PhoenixStar · Apr 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?

DeeElle · Apr 08, 2008 1:06 am

**Phoenix**

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 ???

to_do_list · Apr 08, 2008 1:15 am

DeeElle

So 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....

DeeElle · Apr 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

.

to_do_list · Apr 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

DeeElle · Apr 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 :roll:

.

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.

joaninhac · Apr 08, 2008 2:10 pm

if it says 100 then make sure you get it.... especially if you paid for it!