Browse Forums Building A New House Re: HIA building contract 2Aug 03, 2011 5:27 am The Harder You Try - the Luckier You Get ! Web site http://www.anewhouse.com.au Informative, Amusing, and Opinionated Blog - Over 600 posts on all aspects of building a new house. Re: HIA building contract 3Aug 03, 2011 5:33 am What's the actual mistake? Is it on the plans when it shouldn't be, on the plans but wasn't paid for in contract, or it's on the plans but hasn't been put onto the house? If it's the first, I'm not sure. You'd either have to come to an agreement on it or just change it to standard. If it's the second, they will have to front the costing of it, not you. It's as much the builders responsibility to go over the contract with a fine tooth comb as it is yours. Once they sign it, it's a binding contract. Thirdly ifi t's on the plans and hasn't put in, you can demand it be done. It might take a bit and hold up works, but you're within your rights. If it's not that big a deal you can most likely get them to recompensate you in some other area of the build to the value Hope that helps Land Deposit - 18/12/2009 Became a land Baron - 21/12/2010 Site Start - 27/1/2011 All moved in!! Re: HIA building contract 4Aug 03, 2011 8:39 am If the builder has alrerady put Cedar lining into your build, regardless of your contract, you don't have to pay for it. Any variation needs to be signed by the builder and owner before it is done. I assume you want Cedar lining. So, what's the builder going to do now. If the contract "overall" doesn't specify Cedar lining, what the builder going to do? Rip it out and put in a plan liner - this will cost him more than just leaving it. If the contract "overall" does specify Cedar lining, then everything is as it shoud be. I would just go to the builder and ask whether Cedar lining is in the contract. If the builder says no then let him know that you want the builder to make the house as per the contract (this will cost him more!). If the builder says yes, it is in the contract, then what's the issue. Of course, you want to help the builder out so if it's not in the contract you're willing to accept it Demolition August 2009, Construction Started September 2009, Completed December 2010 Re: HIA building contract 5Aug 03, 2011 8:43 pm Legally, you will need to go by what is on the addenda and specifications, as these always take legal precedence over the plans. If you were to go to the relevant authorities to dispute anything in your build, the plans are the lowest on the importance scale when it comes to what is actually included. Re: HIA building contract 6Aug 03, 2011 9:10 pm CA3105 Legally, you will need to go by what is on the addenda and specifications, as these always take legal precedence over the plans. If you were to go to the relevant authorities to dispute anything in your build, the plans are the lowest on the importance scale when it comes to what is actually included. If the Cedar lining is not in the contract, what about the fact that an unauthorised variation was done! Demolition August 2009, Construction Started September 2009, Completed December 2010 Re: HIA building contract 7Aug 03, 2011 9:56 pm Wow! Thank you for all your replies. The cedar lining to the outdoor room was noted in the plans but not the specifications. The cedar is currently onsite. We are talking to our SS to see if we can come to some kind of agreement. I will let you know how we go. Re: HIA building contract 8Aug 03, 2011 10:38 pm Casa2 CA3105 Legally, you will need to go by what is on the addenda and specifications, as these always take legal precedence over the plans. If you were to go to the relevant authorities to dispute anything in your build, the plans are the lowest on the importance scale when it comes to what is actually included. If the Cedar lining is not in the contract, what about the fact that an unauthorised variation was done! If you were going by the official rules, it would have to be removed at the builders expense. But that's only if it went somewhere like say the BDT (Building Disputes Tribunal), if the builder and client couldn't come to an arrangement before going legal. Re: HIA building contract 9Aug 04, 2011 8:42 am CA3105 Casa2 CA3105 Legally, you will need to go by what is on the addenda and specifications, as these always take legal precedence over the plans. If you were to go to the relevant authorities to dispute anything in your build, the plans are the lowest on the importance scale when it comes to what is actually included. If the Cedar lining is not in the contract, what about the fact that an unauthorised variation was done! If you were going by the official rules, it would have to be removed at the builders expense. But that's only if it went somewhere like say the BDT (Building Disputes Tribunal), if the builder and client couldn't come to an arrangement before going legal. The arrangement is simple "builder, I'll accept the error and I won't even ask for compensation." The bulder saves money and the owner gets somethign they prefer. Win win. Demolition August 2009, Construction Started September 2009, Completed December 2010 Re: HIA building contract 10Aug 04, 2011 9:49 pm If on the plans and it has been signed off and accepted by you. Then that is what must be built unless you agree otherwise in writing and sign of on an amendment. If they made a mistake and added "extra's" in and didnt charge you then that is their bad luck. I had many errors on my plans which I found most prior to construction but some crept through. The ones that did creep through, for example a shower head 50mm off centre due to a typo on the plans. In the builders words "You signed off on those plans so any variations to that will cost you $x to change them" So the same works in reverse. If they stuffed it up and over specc'd somethign bad luck to the builder. They should take better care next time. If it was me I would stand my ground. Who is to say what was and wastn agreed to be in the plans at sale time. The only thing you have to rely upon is the plans as dran and your contract. . So basically if it is there in black and white, then it is included and you have every right to expect it https://forum.homeone.com.au/viewtopic.php?f=38&t=44762 My Owner builder journey extending a 1930's Bungalow You talk about deletions, are they variations or PS and PC adjustments? pleas list them 1 16633 10 12353 Unless there is something in special conditions the builder does not have to give you timeline. If your demolition contractor has not removed Asbestos and it was found… 12 28840 |