Builder Has Been Making Frequent Mistakes

Cyberninja on 15/12/2017 - 08:47
Last edited 15/12/2017 - 09:14 by 1 other user

I purchased a house and land package from Eden Brae Homes in Dec-16 and the Land was registered in May-17. Since then the builder has been making numerous mistakes that are costing me delays and thus extra mortgage repayments on the land. Some of their mistakes are:

  • Not considering easements while designing the plans. Finally they ended up cutting a portion of two rooms to accommodate that.
  • Mistakes in the plan due to mis-understanding council guidelines
  • It took them three months to come up with a complying design. That's all even before submitting the plans to council
  • Council pointed out another mistake

Finally we got the council approval on 21st Nov.

I had selected Colorbond for the roof during my color selection appointment that was done in Apr-17.

On 12th Dec, I discovered that they mistakenly put roof tiles in the plan that went to council approval. I really want Colorbond for my roof but they are forcing me to stick to roof tiles to avoid any further delays.

What should I do? Ask for Compensation? Sue them? Etc.

Poll Options

  • 1
    Accept the roof tiles and move on
  • 14
    You stand a chance to win, sue them
  • 47
    Amend plans to have colorbond and resubmit for approval. Accept the delays
Home & Garden

Comments

  • abb on 15/12/2017 - 09:22
    +6

    I don't know how the process works or the company structure, but can you ask their boss to assign you a different person? This one is clearly incompetent.

    Don't accept something you aren't happy with. It will irritate you every day for years to come. Make them amend the plans.
    (side note: Colorbond is much lighter weight than tiles, which should make the frame cheaper, if that matters… although more delays no doubt if they need to recalculate)

    • dealhunting007 on 15/12/2017 - 09:26
      +4

      100% agree. I built house recently and totally agree. If that has been agreed, make sure you are getting whatever you decided earlier. And ask for another consultant because this one definitely not to be trusted. I assume you have only paid little amount than full payment of build so it's going to be a lot of stress if they are keep doing this shit and make you compromise every time.

  • Cheeper on 15/12/2017 - 09:23
    +4

    "You stand a chance to win, sue them"
    Very little chance of success and may delay the build by years.

    • Chris Topher on 15/12/2017 - 12:19
      +3

      It may bring it to a halt too. Problems with builders can end up in the courts before you know it.

      Been there, a horrible experience that drags on for years. In the end there are no winners* only losers.

      *Legal eagles always win, irrespective of the outcomes.

      • Cheeper on 15/12/2017 - 12:25
        +4

        Friends fought for 5 years and spent $70,000+ and gained very little satisfaction with their new house.
        It was a nightmare… faults were not minor items either. The laws that cover this are nil existent.

        • Chris Topher on 15/12/2017 - 12:31
          +3

          Mine was just so wrong in so many ways. From lockup it had to be completely demolished and started again, including removing and redoing the concrete slab. Thankfully redone by a different builder (company), he was damn difficult to deal with as well, but that's where my independent inspector came out fighting, successfully too.

        • Cheeper on 15/12/2017 - 12:40
          +3

          @Thatwey:
          Our friends house should have been demolished too as their foundations & slab were screwed up also but not so. They are stuck with it and left with the struggle of paying all their legal fees.
          Be careful people. Our laws are crap and builders well know this.

        • HeWhoKnows on 16/12/2017 - 16:26

          OP should take note.

  • bcarp on 15/12/2017 - 09:55
    +1

    Does your contract include liquidated damages that you can claim if the building completion is delayed beyond a certain date?

    • Cyberninja on 15/12/2017 - 10:13
      +1

      Yes, but it's applicable only after the construction commencement date.

      • Chris Topher on 15/12/2017 - 12:25

        My experience tells me that all insurances only begin from the completion date, not the commencement. Check the contract wording in the insurance papers.

        As we found out when the builder stops, it stops. Be very very careful.

        Get an independent and highly recommended building inspector. (S)He will be worth their weight in gold. They know both sides of builders and law.

        • Cyberninja on 15/12/2017 - 12:26
          +1

          @bcarp was talking about liquidated damages not insurance.

        • Chris Topher on 15/12/2017 - 12:33
          +1

          @Cyberninja: Yes but, who covers the costs of the "liquidated damages"?

        • Cyberninja on 15/12/2017 - 13:42

          @Thatwey: Ah.. I got what you meant there.

    • HeWhoKnows on 16/12/2017 - 16:28

      Ambiguous at best. They have 1001 get-out clauses for every possible delay. Every delay results on the completion date moving back. Forget it! You will never claim on this one.

  • Roofus on 15/12/2017 - 09:56
    +3

    It should state in your contract that you are having a colorbond roof and have every right to get it. Make them ammend the plans and resubmit them.

    • Cyberninja on 15/12/2017 - 12:29

      Yes, I have signed documents that indicate I had selected Colorbond.

      • HeWhoKnows on 16/12/2017 - 16:29

        Good. then its thier problem to sort it out

  • Youfah Mizzum on 15/12/2017 - 10:01
    +1

    You need to be happy with house - never accept anything you're not happy with. Kick up a stink. Go up to the highest level at Eden Brae. You'll have to wear the delays though.

    As an aside, we built a house with a local builder & he put in the wrong coloured aluminium windows. Golly did my wife hit the roof! And rightly so, it's not what we wanted. The builder ummed and ahhhed about getting an aluminium windows framer painter in, then I think he must've done a deal with the window supplier coz 2 or 3 weeks later all the windows & doors were replaced. Moral to the story…kick up a stink and get what you want.

  • ms_caz on 15/12/2017 - 10:12
    +1

    You may want Colourbond roofing but is it within the design guidelines of the estate you are building in? We are in a "new" estate in sth east melb and have a colourbond roof on our three year old home. We have just built a new house just around the corner but in a different "new " estate and the design guidelines for that estate dictate that Colourbond is not to be used for roofing (or fences, gates etc). The property developer's guidelines dictate things like the percentage of render to the front facade and the colour of the driveway concrete - even how many and what kind of plants are required in the front garden. It might not be your builder trying to scam you on the roof, it might just be that you haven't read the design guidelines closely. It's worth checking if you haven't already done so.

    • Cyberninja on 15/12/2017 - 10:14

      It's within the guidelines of the estate I am building in.

      • ms_caz on 15/12/2017 - 12:04
        +2

        fair enough - just something for people to be aware of and to check. Our builders were more on the ball than we were.

    • HeWhoKnows on 16/12/2017 - 16:31

      Irrelevent. OP wants colourbond and its not the reason why he ended up with tiles

  • userid007 on 15/12/2017 - 10:34

    have you given your sign off before submitting the plans? it pays to check minute details when building. I recently went through the process and this is the period ( plans drawing and council submission ) sucks most ( constant delays, 2-3 weeks turn around for small changes either by me or covenants )

    • Cyberninja on 15/12/2017 - 10:39

      Unfortunately yes. I had signed off the plans but I didn't notice this thing as it was mentioned in the comments and I assumed it to be correct. :(

      • stratbargain on 15/12/2017 - 13:54
        +3

        "I assumed it to be correct"

        In that case, get colourbond and accept the delay.

  • 87percent on 15/12/2017 - 11:21

    What is your current living arrangements while your house is being built? Are you paying rent? Living with friends? Living in a caravan?

    • Cyberninja on 15/12/2017 - 11:30

      Sole earner in the family, paying rent.

  • EightImmortals on 15/12/2017 - 12:09

    Sounds like it's the local council who are causing way more hassle than your builder.

    • Cyberninja on 15/12/2017 - 12:24
      +1

      Not really. Most of the delays are from Eden Brae even before submitting the plans to council. Took 3 months for them to come up with a complying plan.

      • HeWhoKnows on 16/12/2017 - 16:33

        Well we dont know all the ins and outs of that. Every time you make a change (even tiny ones) or change your mind or detract from thier standard build it creates delays.

  • try2bhelpful on 15/12/2017 - 12:18

    Unfortunately delays are inherent in just about every build you do. Our council is a living nightmare to deal with, just be grateful you haven't had to deal with a bunch of neighbours who are objecting to your plans - that's when the fun and games really begins. Whether you can get recompense will be based on what is written into the contract you signed and how much wiggle room the builder has. If you are concerned get it looked at by a legal representative. I agree with others that you want to talk to the management of the company and see about a new builder - you haven't even started the build yet and you have issues - imagine what this will be like when he hasn't installed the plumbing properly. Stick with your guns with the roofing. It is probably worth your while talking to the planning guys and see how much of an issue they will find this. We usually went with our builder when he talked to council so we knew what was going on and if they had all they needed.

  • Cheeper on 15/12/2017 - 12:29

    Delays can much depend on the competency of the builder. Two houses are being built on our street and both commenced about the same time but with different builders. One is almost finished and the other may still have 3-4 months to go. There has been long periods of inactivity on the second house… don't know why.

    • HeWhoKnows on 16/12/2017 - 16:34

      Its not necessarily the builder. More like the contractors they employ. If they over-committ themsleves or the previous job/project has delays, it flows on.

  • l005e on 15/12/2017 - 13:52
    +1

    Tiles last longer than colourbond and have better thermal properties

    • [Deactivated] on 16/12/2017 - 10:26

      They are also much better at noise insulation and make roof access easier for wiring/pipes etc.

      • Plumbob on 16/12/2017 - 14:32
        -1

        As a plumber I have to disagree.
        A properly insulated colorbond roof has superior thermal and acoustic properties than tiles and will last longer than any of us will have to worry about and wont crack when walked on. Definitely do not let them use cement tiles.
        Much easier for future penetrations eg. Skylights.
        Colour choice can be a concern as the dark ones do fade after time. Unless you have a real desire for something dark, light colours are the best for roofing. A quick drive around will show you the colors that fade.
        Lastly, which ever way you go, insulate the ceiling as well. The little extra you spend now will repay itself in comfort and energy saving from day1

        • HeWhoKnows on 16/12/2017 - 16:23
          +1

          Nothing to do with OPs post.

    • HeWhoKnows on 16/12/2017 - 16:23

      Irrelevent to the post

  • HeWhoKnows on 16/12/2017 - 16:20
    +1

    "What should I do? Ask for Compensation? Sue them? Etc."

    Another foolhardy Ozbargainer. I gotta laugh.

    I suggest you try all of the above and see where it gets you.
    I guarantee you it's a complete waste of time AND money!

    But before you do - read all the "exclusions and excemptions" in the contract which YOU signed. They have an excuse and get-out clause for every such delay.
    Believe me this is not the first time this has happened.

    My 6 month build which was supposed to start 6 months before GST commenced and hence finish before GST took over 12 months and I copped the GST on top of the original contract price as well.

    All I can say is "WELCOME TO THE CLUB"

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