Browse Forums Building A New House 1 Sep 01, 2011 11:40 am Back at our colour selections, I told the consultant we wanted a stark white all through the house, like a ceiling white. She pointed to what looked to be the whitest white on the Taubman's booklet and told me it was an untinted white and would look the same shade as the ceiling. This colour was called "Crisp White". So I wrote it down on our colours document. Fast forward to now. They have painted, and the walls have a distinct yellow tint. I've spent a few weeks trying to find out if the right paint was used, yesterday I finally learnt that "Crisp White" has an ochre tint to it - ie, the reason it looks yellow, is because it has yellow added to it. There are some photos here http://forum.homeone.com.au/viewtopic.php?f=6&t=50780 The colour consultant has since been sacked. We have had all kinds of problems with the advice she gave us - at every stage of the build there has been some issue or another that we've had to sort out. Meeting the builder halfway on a few of these issues has cost us several thousand dollars so far. We have PCI this afternoon. I have previously discussed the paint with the CSO but let it drop when I realised the colour on the walls is actually the colour we requested - but this sits so uneasily with me because it looks terrible with our floor coverings, and the REASON we requested it is that the colour consultant misrepresented what it was. Today I'm going to discuss the paint situation with the SS, but I'm just wondering if I have any right to ask them to repaint. I feel so awkward about this because I can see on the selections paperwork in my own handwriting the words "crisp white". But "crisp white" is not what I was told it was. Should I really have verified her advice on the colours we were picking?? Thanks in advance for any advice Re: When the right paint is the wrong paint 2Sep 01, 2011 12:28 pm TBH I don't really think you have a leg to stand on in this situation...If your contract says Crisp White and thats what they've done then I think you are stuck with it. If she was inexperienced then I can almost understand how she got it wrong, we wanted the whitest whites for our doors and chose what we thought was correct and they have a definete cream/yellow tinge to them too. It is really hard to tell on the tiny sample booklets The road to success is always under construction House completed April 2011 - slowly making it a home... Re: When the right paint is the wrong paint 3Sep 01, 2011 8:22 pm Yes Zarli is right, you unfortunately wouldn't have a leg to stand on. The responsibility falls completely onto the client - even if a colour was recommended to you, it is up to you to confirm that the colour you requested is definitely what you wanted. As I mentioned in someone else's earlier post today, it's the same as when you get an accountant to do your tax return for you - you give the accountant all the information they need to make the right final product, but it it doesn't mean that they will get it right, and even though you may have had nothing to do with it and have no professional knowledge of tax (or colours in your case) it is still you that must sign off to say that everything in the documentation is correct, holding you completely responsible. Re: When the right paint is the wrong paint 4Sep 02, 2011 7:53 am My building inspector told me repeatedly that I have one important weapon in any dispute with the builder - "The builder is the expert". I can't be expected to know that "crisp white" isn't white, but the builder's colour selection people can be expected to know. And if the builder, an expert, specifically told me that crisp white is the whitest white, is there a reasonable expectation for me to go somewhere else and independently confirm that? I don't think there is. Metricon Riva 33 - http://herlihy-riva.blogspot.com Site start 15/03/2010 - Handover 23/12/2010 9 months and 8 days (284 calendar days) from site start to handover When the right paint is the wrong paint 5Sep 02, 2011 12:57 pm A lack of comprehension that given colour, in this case crisp white, has a particular tint or hue to it is irrelevant. The purchaser asked for the whitest white that Taubmans make and was told crisp white is the whitest white. In this instance, the purchaser signed off on a particular colour being used. If that colour was in fact the one used, then that is all that matters. Every paint selection chart or colour guide put out by a paint manufacturer will say somewhere on it that colors shown may vary from the actual end result. The builder will most likely say yes, I'll paint a different white but I doubt that the builder will pay for it. And nor should he in my view, based on what has been put forward as the circumstances here. Re: When the right paint is the wrong paint 6Sep 02, 2011 1:44 pm But the purchaser asked for an untinted white, was then advised that "crisp white" was untinted, and signed off based on that advice. To use the tax return analogy brought up by CA3105, if you told your accountant you wanted to claim $200 under section D5 and he entered $500, then assured you that $500 is the correct amount to enter if you want to claim $200, and that he knows that because he's an accountant, who is at fault? Metricon Riva 33 - http://herlihy-riva.blogspot.com Site start 15/03/2010 - Handover 23/12/2010 9 months and 8 days (284 calendar days) from site start to handover Re: When the right paint is the wrong paint 7Sep 02, 2011 7:49 pm This happened to my parents when they built and although they liked the wall colour against their kitchen cabinets it looked terrible (which I noticed has bothered you OP). What they did was just paint the kitchen walls in a feature colour (in their case blue) and it looked great. With the feature colour to break it up it didn't look bad. Sorry I can't give any advice on whether the builder will pay Re: When the right paint is the wrong paint 8Sep 02, 2011 10:23 pm btherl But the purchaser asked for an untinted white, was then advised that "crisp white" was untinted, and signed off based on that advice. To use the tax return analogy brought up by CA3105, if you told your accountant you wanted to claim $200 under section D5 and he entered $500, then assured you that $500 is the correct amount to enter if you want to claim $200, and that he knows that because he's an accountant, who is at fault? Technically even if you wanted $200 but the accountant said that $500 was definitely the right amount so you sign off on $500 because you trust that he is the expert, if the ATO found it is incorrect you are the one held responsible, not the accountant... But either way, I am only giving an opinion based on the outcomes I have seen myself in the industry (colour selections can be a common issue). Unfortunately NPLH will find it very hard to prove that the colour consultant specifically used the wording "untinted" rather than "whitest white" unless there is something in writing saying this, so if it turns into an official dispute the only thing that could be used is the signed off paperwork, which shows that the client chose Crisp White. Re: When the right paint is the wrong paint 9Sep 05, 2011 7:46 pm Unfortunately we had the same issue of the lady telling us incorrectly about the mortar We got it before the house started, but we had to pay a fee and all for changing. At the end of the day, you sign saying its correct its ultimately your decision. Not meaning for this to sound rude, but you could have gone to the paint shop and choose the colour and even get a sample paint to see if its 100% correct. I would still bring it up with SS. He may be nice to you Good luck there is only 20% difference in concrete strength between 20 mpa and 25 mpa, so check with your engineer first if it fits his calculation tolerances. There are ways to… 6 18675 i imagine you also have another contract with an architect? and yeah, whatever other's said about special conditions and appendices 16 16751 welcome to learning that colours vary in different lighting conditions. 1 3080 |