Browse Forums Building A New House Re: HIA Contract Questions 2Aug 18, 2012 8:42 pm 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 Contract Questions 3Aug 18, 2012 10:17 pm Primarily for safety concerns (construction sites aren't terribly safe places) that clause gives the builder control of who can and can't enter the property. But I would have thought any existing structure he can't alter etc without your consent! Especially if it was in place prior to entering into the contract! But if you built something after signing then you could potentially be in violation of the contract! Either way I would suggest against doing landscaping until the build is done, don't want painter's in garden beds painting the house and utes parked on tree seedlings! Most builders will be fair and reasonable with who they let on site and why, they are after all responsible for the safety of people on site! Not to mention they are a business and out to make a profit and would prefer you paid them not someone else! 2 Re: HIA Contract Questions 4Aug 18, 2012 10:41 pm [/quote] This means that that the builder has control of everything that happens on site including who goes on the site. job,[/quote] I read on the Consumer Affair Vic website it said by law the owner can visit the site provide that the don't delay the building works. My current situation is that the building works has complete just waiting for handover. The builder originally allow me onsite to do the work so we had the paling fence and brick fence put in. Due to the is disputes we are having he is taking revenge by wanting me to remove my fence if not then he will destroy it. I don't know much about the law. Doesn't anyone know if he has the right to do this or not? I contracted him and give him the site to build my house but does that mean he also own other part of my land too and can destroy what ever on there that wasn't before we sign the contract? This whole thing is really stressing me out. Re: HIA Contract Questions 5Aug 18, 2012 10:47 pm stormjr But I would have thought any existing structure he can't alter etc without your consent! Especially if it was in place prior to entering into the contract! But if you built something after signing then you could potentially be in violation of the contract! 2 I do understand he afraid if any injuries onsite then tht can effect his insurance but currently there is no construction work done. The house is tilting there for handover. He said the property belongs to him. Does that mean the law allow him to destroy my fence just because I gave him the permission to enter my site to build a house for me? Re: HIA Contract Questions 6Aug 18, 2012 11:01 pm 1. Visiting is different to carrying out work. 2. Your contract is for the builder to build the house to the plans, not carry out demolition (unless what is to be demolished is preventing any part of the build) so he can't demolish a fence that is not interfering with his works..................... but If you are in a dispute about other matters I think the best thing is talk to a lawyer rather than rely on advice from this forum. 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 Contract Questions 7Aug 18, 2012 11:31 pm Thanks bashworth. Your right I contracted him to build the house on the plans and not demolition. The fence is not interfere and no where near the house. He is upset that I was not happy with the brickwork and retaining wall that he had built not according to the engineer report. I did call around for legal aids but quoted with $400 per hour of work. I dont know how long it would take. The building is now more than 9 months behind. Re: HIA Contract Questions 8Aug 20, 2012 11:51 am Monash12 My current situation is that the building works has complete just waiting for handover. The builder originally allow me onsite to do the work so we had the paling fence and brick fence put in. Due to the is disputes we are having he is taking revenge by wanting me to remove my fence if not then he will destroy it. Do you have anything in writing to state you were allowed onto the site to complete these works? If you do then remind the builder that you have his consent in writing, if not you might be in some trouble Re: HIA Contract Questions 9Aug 20, 2012 12:35 pm the way this sounds, with the builder being so late, you might be able to terminate his employment, or negotiate with him over the issue. that is the nicer way. if you want help in understanding this, ring leighton at clark new homes 0397358000 Re: HIA Contract Questions 10Aug 20, 2012 12:36 pm the way this sounds, with the builder being so late, you might be able to terminate his employment, or negotiate with him over the issue. that is the nicer way. if you want help in understanding this, ring leighton at clark new homes 0397358000 You talk about deletions, are they variations or PS and PC adjustments? pleas list them 1 16548 10 12302 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 28799 |