Browse Forums Building A New House Re: structural defect, help!! 2Nov 22, 2011 8:21 am 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: structural defect, help!! 3Nov 22, 2011 11:53 am I'd be more concernd about why the damp course is broken in that area. If it was me, and that was the only place that the frame is not properly secured, I would not worry about it. The bolts either side would proablaby do the job. And your frame is well postitoned on top of the slab. But then I'm not a structural engineer. Demolition August 2009, Construction Started September 2009, Completed December 2010 Re: structural defect, help!! 4Nov 22, 2011 10:27 pm jmcbd Can I delay the frame stage payment until the major defect is fixed Scenario 1: You can delay the Frame Stage payment if Frame Stage is not yet complete The HIA New Homes Contract Schedule 3 says that 'Frame Stage' means the stage when a home's frame is completed and approved by a building surveyor. Scenario 2: You can delay the Frame Stage payment even if Frame Stage is complete, as long as you are willing to pay the penalty interest Here's how you calculate your daily interest payment penalty:
Scenario 3: You cannot delay the Frame Stage payment if Frame Stage is complete, and you are not willing to pay the penalty interest If you're not willing to pay the $20.55 per day penalty, then you cannot delay the payment. Question to you: Have you requested for the building surveyor's frame stage approval report? Have you physically seen the building surveyor's frame stage approval report? Here's my story: My builder sent me the Frame Stage progress payment dated 14 Oct 2011. I asked my builder for the copy of the building surveyor's approval report. They repeatedly ignored me. When they finally answered (several weeks later), they said I will get a copy when I get the keys to the house. I told them I won't pay the frame stage progress payment until I see the copy of the Building Surveyor Frame Stage approval report. They continued to deny my request. So, I contacted the Building Surveyor (who was hired by my builder) directly, and the surveyor gave me a copy of frame stage non-approval report, detailing all the frame stage defects. The report was dated 14 Oct 2011. That means, the surveyor did the Frame Stage inspection on 14 Oct 2011 and rejected it on the same day. Eventually, the builder sent me the building surveyor-approved frame stage report dated 18 Nov 2011. It is then that I payed the frame stage progress payment. I contacted the Building Commission and they told me that I don't have pay the penalty interest unless I fail to pay within 7 days from the date the frame stage was approved by the building surveyor. Moral of the story: Don't pay the frame stage progress payment until you've physically seen building surveyor approved frame stage report. 13-08 Moved in 13-05 Build restart 13-04 VMIA compensation 12-08 Builder liquidation 12-03 Fixing 11-12 Lockup 11-11 Frame 11-09 Slab 11-09 Start 11-07 Contract 10-11 2K deposit 10-06 Titled land Re: structural defect, help!! 5Nov 23, 2011 9:32 am zeitgeber, Thank you so much. Your story is so encouraging. I did request a inspection report from $M, they said "NO". They say I can't access the report details. however, $M will issue a frame certificate to tell me that frame has passed the survey. One week after the frame invoice was issued, I still haven't received that certificate. $M tell me "it will come" when I rang. My site manager verbally told me that $M's building surveyor has come and picked up some minor problems, but did not see using a wrong bolt on a cracked slab an issue!!! After two days hassling, $M agree to send the matter back to the design engineer to make a decision (but they haven't contacted the engineer yet). Guess what, the concreter came yesterday and put some grout over the crack slab corner, and now the engineer can't see the problem if he is onsite. Our main problem is one of the bolts is not supported by any concrete due to the crack of the slab and some part of the slab corner has fallen off. Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ I will try if I can get a copy of report from the surveyor directly. Thanks again. jmcbd Re: structural defect, help!! 6Nov 23, 2011 12:41 pm jmcbd They say I can't access the report details. Contact the building surveyor directly and ask for the frame stage report, because he's supposed to be working for you, not for the builder (although in your case it's probably the builder who pays for the building surveyor). You are entitled for the frame stage report immediate after it's been created. The building surveyor is supposed to be independent, and is there to keep the builder honest. Consumer Affairs Victoria Your builder can appoint a building surveyor but we suggest you choose your own, so you can be confident of their independence. Building plans, permits and surveyors Consumer Affairs Victoria By law, you have a right to copies of documents related to your building project. You can also get these documents from the building surveyor. Paying For Building Work If the building surveyor approved the frame, but missed a major structural defect, you should alert the surveyor, otherwise s/he will be risking his reputation and his licence-to-practice if s/he missed one crucial structural defect. 13-08 Moved in 13-05 Build restart 13-04 VMIA compensation 12-08 Builder liquidation 12-03 Fixing 11-12 Lockup 11-11 Frame 11-09 Slab 11-09 Start 11-07 Contract 10-11 2K deposit 10-06 Titled land Re: structural defect, help!! 7Nov 23, 2011 3:32 pm zeitgeber, It is such a learning process for me. I rang the consumer affair, they pointed me to the "Domestic building contract Act" section 26. Their understanding is the builder should pass on all relevant reports and documents. I got off the phone, download the file and read that section myself. Here it is. Quote: Builder must supply copies of relevant reports etc. (1) A builder must give to a building owner a copy of any report, notice, order or other document that the builder is given in relation to the building work being carried out by the builder for the building owner by any public statutory authority, provider of services such as gas, electricity, telephone, water and sewerage or person registered under the Building Act 1993, and must do so as soon as practicable after receiving the report, notice, order or document. Penalty: 20 penalty units. Subsection (1) does not apply if the builder knows that the building owner already has a copy of the report, notice, order or document. I will send that to the builder and see how they react. The building surveyor wouldn't give out the report directly to me. They suggested me to get it from the builder. I won't argue that. When I indicated that the surveyor might have missed a major problem during frame inspection, they were kind enough to ask me to send them an email detailing my concerns and also asked for a copy of the independent report. At least they are informed of the situation now. In the meantime, big M has contacted the engineering company for review. After a week's stress, I finally learned how to get on top of the issues. I also wish I have had read the engineering plan in the beginning and had checked the obvious myself where I can. It is always better if the problem is found and dealt with as early as possible. jmcbd Its the flashing and is normal. Some builders cover them up others just leave them handing. You can cover it up with an aluminium bracket or ask the builder. 7 11216 you need to understand the breakdown of warranties. 90 warranty is considered as minor defects rectification period where as the longer ones are more major/structural… 1 5327 Building Standards; Getting It Right! There doesn't look to be any rebate in the slab to prevent water from scooting under the window. AS4654 is the Australian standard to look at/refer to. They have… 1 10139 |