Browse Forums Building A New House Re: KDR in Sydney - Sekisui Luzia 2 122Apr 26, 2017 12:13 am Seksui KDR in Sydney (2015-2016) Links --> | H1 thread | Final plans | Timing of works updated 9/3/16 | Re: KDR in Sydney - Sekisui Luzia 2 125Apr 26, 2017 10:44 pm Seksui KDR in Sydney (2015-2016) Links --> | H1 thread | Final plans | Timing of works updated 9/3/16 | Re: KDR in Sydney - Sekisui Luzia 2 127Apr 27, 2017 10:13 am Seksui KDR in Sydney (2015-2016) Links --> | H1 thread | Final plans | Timing of works updated 9/3/16 | Re: KDR in Sydney - Sekisui Luzia 2 130Apr 27, 2017 1:37 pm Seksui KDR in Sydney (2015-2016) Links --> | H1 thread | Final plans | Timing of works updated 9/3/16 | Re: KDR in Sydney - Sekisui Luzia 2 133Apr 27, 2017 10:10 pm Go for it. I won't bother to explain my clauses (they might be different, so what's the point) - I'll wait until you post yours and then give you my (hopefully correct) interpretation. Seksui KDR in Sydney (2015-2016) Links --> | H1 thread | Final plans | Timing of works updated 9/3/16 | Re: KDR in Sydney - Sekisui Luzia 2 134Apr 27, 2017 10:24 pm Sorry this has become abit of a highjack but I'm also interested to know what the clauses are for those who are still building with sekisui contracts. So I read this as - in addition to clause 19, there is also clause 48 which overrides any conditions of clause 19. Clause 19. Delays and Extensions of Time 19.1 The builder is entitled to a reasonable extension of the building period if the building works are delayed by the builder suspending the building works under Clause 25 or from a cause beyond the sole control of the builder including: (a) a variation or a request for a variation by the owner; (b) an act of God, fire, explosion, earthquake or civil commotion: (c) adverse weather; (d) an industrial dispute; (e) a dispute with adjoining or neighbouring residents or owners; (f) anything done or not done by the owner; (g) delays in getting any approvals; (h) a delay in the supply of materials selected by the owner; (i) the need for a survey of or other report in relation to the site; or in the industry shutdown being a 3 week period commencing on or about 22 December in each year if construction during the Christmas period could not have been reasonably foreseen at the date of this contract. 19.2 The builder is to give the owner written notice of an entitlement to an extension of time detailing both: (a) the cause of the delay; and (b) the extension of time, within 10 working days after becoming aware of both the cause and the extent of the delay. 19.3 If the owner wishes to dispute the builder's entitlement to an extension of time the owner must, within 5 working days of receiving the builder's notice, give the builder a written notice: (a) disputing the extension of time; and (b) detailing the reasons why the extension of time is disputed. 19.4 For every day the subject of an extension of time caused by an act, default or omission of the owner, delay damages, being the total of the actual increase in cost to the builder to carry out the building works plus the builder's margin applied to that cost is due and payable to the builder on demand. Clause 48. Delays and Extensions of Time The owner acknowledges and agrees that: a) any extension claimed for adverse weather in accordance with clause 19 in relation to rain, which in the reasonable opinion of the builder affects the building works either directly or indirectly, will be calculated using the in4Bulletin- daily Metropolitan Rainfall Chart issued by the Bureau of Meteorology. b) any extension claimed in accordance with clause 19 may be calculated on a seven (7) day week. c) notwithstanding the provisions of clause 19.2 where the builder is claiming an extension to the contract period due to adverse weather and or the industry shutdown period the builder, upon request by the owner, will provide details of the claim after the date of practical completion. d) notwithstanding the provisions of clause 19.2 should the owner not pay a Progress Payment (in accordance with the Schedule 2), an expense, variation or extra within three (3) working days of the due date OR where a lending body is involved and inspection is delayed more than three (3) working days, the builder is entitled to an automatic extension of time equal to the number of days such payments are late or the number of days the inspection is delayed. Re: KDR in Sydney - Sekisui Luzia 2 135Apr 27, 2017 11:47 pm Ok.... so 19.1 basically says that if the builder has to suspend works due to one of those reasons listed (basically something outside their control like adverse weather) then they get to claim an Extension of Time (EOT) to the contracted building period. In other words, they are affected by a day by something they couldn't reasonably control, they get an extra day. It's interesting the bit about the Christmas closedown period - they can only claim that if they didn't know in advance they would be working through that period. In other words, they should allow for that time off when they tell you at the start when they expect to finish. They can only claim it if, for example, there was 2 months of adverse weather which means that instead of finishing before Christmas, they now finish afterwards. 19.2 just says that the builder has 10 days in which to notify the owner of the event that affected them and caused delays. This is to ensure that things aren't left right to the end of the project when no one has any memory of what happened way back when. As I mentioned in a previous post, there is no specific penalty for the builder to NOT notify, but the inference is that the claimed delay will not be allowed under the contract (grey area though as it is not specific). 19.3 says that if the owner thinks the builder is trying it on, they have 5 days to tell the builder so (and why they think that). Again, as with 19.2, there is no specific penalty for not complying with the 5 day rule, but the inference again is that if you don't respond then the claim for the extra days is deemed to have been accepted. 19.4 says that if the delay is caused by the owner directly (maybe by asking for the works to pause whilst the owner re-thinks paint colours etc etc), then the builder is entitled to costs for maintaining the site (extra fence hire duration, porta loo on site, scaffolding stuck on site, administration to oversee these things, maybe security to inspect during the down time - whatever the actual costs are) plus a margin (defined elsewhere in the contract, normally 10-20%). Basically, you can't ask the builder to sit around twiddling their thumbs and not expect to pay them something. Clause 48a defines how "wet weather" can be determined (takes a bit of the subjectivity out of "how much rain there was"). I got them to take Clause 48b out of our contract as it basically says that if adverse weather happens on any day of the week (including a Sunday or a public holiday when they are not working), then they can claim for an extra day to the contract. Apart from not being fair and reasonable, it is also at odds with 19.1 where it talks about a "reasonable extension to the building period" and then 19.2 where the builder has to show why the adverse weather actually caused a delay to the works (which wouldn't be the case on a Sunday for example). So it's kind of silly having 48b in there as it just conflicts with the rest of the contract. Clause 48c basically says that regardless of the builder having provided information at the time justifying the delay due to adverse weather or industry shutdown, if the owner wants some details on these claims, the builder will provide it after the date for practical completion. I honestly have no idea why they bother to put this in other than the builder might be able to point to it and say "see, I don't have to tell you anything else until after practical completion". But that wouldn't be a good look at arbitration/mediation if they took that line! Clause 48d says that regardless of the builders obligations to notify the owner and justify delay claims under Clause 19.2, if the owner doesn't pay an invoice within 3 days of the due date, the builder can start claiming delays. Basically, it is there to protect the builder should they decide to stop work because they think they aren't getting paid. Apart from other contract conditions stipulating what happens in the event of non-payment, this just ensures that there is no ambiguity around the fact that they are entitled to stop work and the delay will be claimed. Fair enough really - but not quite sure why they tie it to Clause 19.2 (providing substantiation of a delay). Seksui KDR in Sydney (2015-2016) Links --> | H1 thread | Final plans | Timing of works updated 9/3/16 | Re: KDR in Sydney - Sekisui Luzia 2 136Apr 28, 2017 7:58 am Thanks clintdb, I learnt quite a few things from your response. The major bits being 1. that no matter how thorough you read your contract, it wouldn't hurt to get a second set of eyes going through it. Perhaps even a solicitor friend to check unfair conditions. I had a soft copy version for a few days prior to signing and thought I was thorough enough. 48b and 48c seems somewhat unfair and could have been removed. Contract presenter actually told me no changes can be made at signing. 2. I should still be getting delay eot claims, At the least for claims not relating to adverse weather or industry shutdown xmas period (48c) And FYI, my build period is 180days and their working day definition is Mon-Fri. That puts it at 36 weeks. They've well and truly covered themselves for time I think. Maybe eot claims won't even be needed... I hope. Re: KDR in Sydney - Sekisui Luzia 2 137Apr 28, 2017 8:17 am No problems ehhc, glad to help Regarding changing the contract conditions, the contract presenter is right, you can't just turn up to the signing and then ask for changes - the person from the builder at the signing won't have the authority anyway, and you need to give the other party time to review your requests. I had a couple of things I wanted changed, so I put them in writing and had them all agreed to prior to signing. Note that builders are usually pretty reluctant to change "their" contract, so you have to be pretty good at explaining why you think the changes should be made and be prepared to either accept the contract as it stands or walk away if the builder puts their foot down. 180 days should be plenty, but then we had 200 and they went overtime (1 year and 1 week from breaking ground to handover). Just timing issues and lack of coordination with SS changes at critical points that led to the build sitting dormant for a month at a time more than once. Just a quick note on delay claims and responding to them. Even if there are no issues with a delay claim, you should still respond by saying that you accept the claim. That way there is a pattern of response to their notifications. I didn't receive a couple of their claims (not sure if they were never actually sent or just got lost in the mail), but when it came time to review all the claims at the end of the build, the builder couldn't just turn around and say I hadn't responded because it was clear that I had been to all the ones I was receiving. So we both gave each other the benefit of the doubt (me, that the builder had tried to send them and the builder that I would have responded with queries had I actually received them) and we then argued about them at the end as if they had been received at the right time. Seksui KDR in Sydney (2015-2016) Links --> | H1 thread | Final plans | Timing of works updated 9/3/16 | Re: KDR in Sydney - Sekisui Luzia 2 138Apr 28, 2017 9:23 am We have never had any communication from Burbank about delays, I reckon we are about 4-6 weeks behind at the moment due to the rain in feb/march but we haven't had any claims from Burbank.... Our Acacia build - http://forum.homeone.com.au/viewtopic.php?t=86619 Re: KDR in Sydney - Sekisui Luzia 2 139Apr 28, 2017 5:00 pm clintdb You just have to list the date on which you advised them that you were getting a report done and then the date on which you gave them the report advising them of the issue. From the time they received that report, any delay in attending to the works is their issue (assuming they accepted that the works needed to be done). Point out that it would have been a lot more costly and taken a lot longer if you had have waited until the end of the project and they would have had to re-erect scaffolding to fix up the problem. Thanks Clintdb, We emailed them the report 4 working days later, which is why we were happy to accept the 5 days "Customer Dispute", because I think they usually count the day that you get the inspection done as a delay day too. Will let you know how we go! Re: KDR in Sydney - Sekisui Luzia 2 140May 02, 2017 4:37 pm Our temporary SS (the senior supervisor for the South region) seems to have gotten our build back on track. He called up my husband today to come on site and showed him all the things they had fixed from our inspection report. He said that he couldn't believe that these things hadn't been fixed up, as they were only minor issues that were easily fixed! Apparently the plasterboard has been ordered for delivery tomorrow, and then the plasterboard will be put up the day after. Fingers crossed it all starts coming together from now, and that whoever is assigned as our next SS can get the job done! We were lucky in that our old house was so small (86 square metres) compared to the new house, they were able to take enough readings around the old backyard house before… 8 37085 The biggest challenge will be if you take out a loan and then run out of money - you'll have an incomplete security and lenders do not like this so you can get stuck.… 2 18897 Hi, I am looking into doing a KDR in Melbourne and am contemplating using Kialla Homes. I am looking for feedback on them from others who have built with them. 0 13437 |