New Build - Home Renovations - Gardens - Garages & Sheds.

[Guest]

damn man, im hoping you are paying the builder in sections (as the house reach's each checkpoint) if you are DO NOT under any circumstance pay the next payment. It will delay the next part of your build but you are well with in your rights. The moment you pay it means as a legal standpoint you are signing off on the parts done (bad/dodgy or what not) and no longer have any chance of rectifying or forcing the issue.

 

I wont say to much more here and nor should you as if at any point, even after completion it will be used as a legal premis

[Pixy Angel]

payment is done in section and only done after we get a Authority to pay after work has been inspected. without this certificate we do not pay and they are aware of this because they have tired it at the start of the build.

 

[BAXRTUTE]

Mbaf u are actually off the mark mate,

 

Its in the building contracts that all payments are to be met on each date advised if works is completed to the builders satisfaction! 

This also means if owner A isn't happy he really hasn't got a leg to stand on until completion, this is when a owner can then go through the house with the project manager and pin point all defects, though still the builder will sign off and the owner will still have to make the final payment and hope the building company will fix all defects after hand over.

Taking them to a tribunal is worth a shot... But 99% of the time its a waste of time as fair trading have let this type of crap go on for years now and to call out one builder would create a domino affect that would pretty much stop all works moving forward.

 

Project companies own the industry and have fair trading in there hands also.

 

Sorry to hear your got plenty of issues Pix, but trying to get them issues fix will be teeth pulling and still mite not get the result u are after :( 

Edited 14/07/16 05:15 AM by BAXRTUTE

[Guest]

47 minutes ago, BAXRTUTE said:

Mbaf u are actually off the mark mate,

 

Its in the building contracts that all payments are to be met on each date advised if works is completed to the builders satisfaction! 

This also means if owner A isn't happy he really hasn't got a leg to stand on until completion, this is when a owner can then go through the house with the project manager and pin point all defects, though still the builder will sign off and the owner will still have to make the final payment and hope the building company will fix all defects after hand over.

Taking them to a tribunal is worth a shot... But 99% of the time its a waste of time as fair trading have let this type of crap go on for years now and to call out one builder would create a domino affect that would pretty much stop all works moving forward.

 

Project companies own the industry and have fair trading in there hands also.

 

Sorry to hear your got plenty of issues Pix, but trying to get them issues fix will be teeth pulling and still mite not get the result u are after :( 

 

 

not entirely true, specially in this case. Going on the information based in this thread and depending on the contract you have the right to withhold payment pending investigation and complaints. Ive been through this twice now...

[BAXRTUTE]

Mate Id rather give pixy the right info regarding roughly 700k worth of home and land.

 

If u think u know what your saying go right ahead.

I'll still to my 15yrs in the building trade and what I've seen and witnessed with my own eyes.

[Guest]

ill elaborate a bit more on this..

 

Stages have to meet 3 requirements for a payment to be made

 

- Contract plans and specifications (set by builder and owner)

- building surveyor inspection

- completion

 

It has to meet all 3 prior to any payment and regardless of those facts you can withhold payment, of course those concerns for payment withholding would have to be discussed with a legal entity to cover all basis so even if the date is in and its passes the builder inspection does not mean you have to pay that stage, and like I said previously it will delay the end goal but I can guarantee if you pay all the stages without concern those issues will not be resolved at a later date..

 

further to this an independent can be called upon to check defects and investigate concerns and those concerns and any actions should be written and address formally otherwise you will be walked all over later.

 

also note that variations to the contract are minimal, as far as the pool goes im not sure if that was in the contract or to be built by them but if they have removed/taken/moved it is classed or can be classed as a variation of the contract. This also applies to your hardwood floor and should not be liable for the cost (because its a variation to your contract)

 

pixy my advise is this

- confirm everything in writing

- get a 3rd party (building consultant)

- keep a diary with everything. Conversations/photos/etc etc

 

make sure you state everything and if you dont get satisfactory responses and actions you are well within your rights to seek legal advice

Edited 14/07/16 06:43 AM by mightbuyaford

[Pixy Angel]

Most of the time it comes down to the banks. Our bank will not make payment without a certificate/Authority to pay. The builder sends us a payment invoice for section of work (E.G - external wall, roof) and then about a week later we get the paper work showing us that a independent inspection was curried out, Authority to Pay Certificate. When then send this off to the bank.

The bank send signs off and forward the money into the builders nominated account.

 

I do agree with BAXRTUTE I think the building industry should be tighter and the home owner show have more rights. I think it should be done because this would get rid of the shonky builders out of the game. This also falls with fair trade/ local council and all the dodgy inspectors that get paid and to sign off on sh*tty workmanship that does not meet building code.

Once the walls are up how do you know if the work is done right or meets code. I have caps as big as 130mm from the slab to the frame, and the slab to the brick work. I know that is not to code the maximum is 45mm. Now what?

 

I have kept a log since the build started day by day who is onsite and what work is done on that day and have plenty of photo's.

 

 

[Guest]

31 minutes ago, BAXRTUTE said:

Mate Id rather give pixy the right info regarding roughly 700k worth of home and land.

 

If u think u know what your saying go right ahead.

I'll still to my 15yrs in the building trade and what I've seen and witnessed with my own eyes.

 

see above. All im saying is that he doesn't have to be bullied into paying and he has legal premise. If he is unhappy he is within his right to contact someone and discuss and take a form of action, that's why the contract is put in place in the first place. Building companies are well known for bully tactics because most people dont have a knowledge of the rights.....

 

same thing with road regod cars. Know your rights. Read the NCOP and you will never get a defect again

 

8 minutes ago, Pixy Angel said:

Most of the time it comes down to the banks. Our bank will not make payment without a certificate/Authority to pay. The builder sends us a payment invoice for section of work (E.G - external wall, roof) and then about a week later we get the paper work showing us that a independent inspection was curried out, Authority to Pay Certificate. When then send this off to the bank.

The bank send signs off and forward the money into the builders nominated account.

 

I do agree with BAXRTUTE I think the building industry should be tighter and the home owner show have more rights. I think it should be done because this would get rid of the shonky builders out of the game. This also falls with fair trade/ local council and all the dodgy inspectors that get paid and to sign off on sh*tty workmanship that does not meet building code.

Once the walls are up how do you know if the work is done right or meets code. I have caps as big as 130mm from the slab to the frame, and the slab to the brick work. I know that is not to code the maximum is 45mm. Now what?

 

I have kept a log since the build started day by day who is onsite and what work is done on that day and have plenty of photo's.

 

 

 

get a 3rd party to come in. Someone that has nothing to do with the companies in question. Civil engineer or the likes. The building company can sign it off as much as they like but if your not happy get your own people in. At no point should there be those kind of tolerances and I bet you get movement in the frame/roof

 

oh and the reason I have a good idea is my pop was an civil engineer and like I said been through this several times and as for legal rep im sure I can get you some but follow the correct channels

[Mrs Jeturbo]

well everyones an expert in here

guys if your new to the thread read back a bit... pix does have this under control I rekon.... pix im so sorry to hear this sh*ts still going mate. criss my fingers for u soon to just have a bloody house to move into.





on other news I am onto my two largest modules this semester... applying structural principals blah blah (basically requirements for everything engineering on anything up to double story) and then estimating...

kinda over it before it begins...

anyone wanna do it for me?

[bloodycrashboy]

3 hours ago, Pixy Angel said:

Its a shame its meant to a exciting part of your life building a family home. 

so depressing.

 

 

 

I feel for you Pixy, hang in there and focus on the light at the end of the tunnel.

You will get there, just not when you expected to.

Don't let the idiot builder get you down, you are doing the right thing by emailing and texting.

When you come to that day (where Stever is at) all the crap will fade away and you can start to enjoy your fabulous looking home.

 

There were times that I felt like throwing in the towel cos the stress was getting the better of me.

5 years on and I look back at pics of my build and its almost comical the difficulties I remember.