Wording in Home Building Contract - Advice Needed about this missing item

ppp13 on 19/06/2020 - 17:51

Please find the wording ( Yellow colored) from the final contract at : https://ibb.co/9TLCPmr

The builder has not installed whirlybird on the house. When I asked they reply as below:
"The contract does not state one was bought or required, it clearly says additional whirlybird option.This is not in the finals of your contract it was either not required or removed."

When I asked my conveyancer, he said : "It appears to be an inclusion item".

After so many emails, Now I would like to take this matter to NCAT/QCAT/Fair Trading.

My question is - Are there any problems for me ? And is it free service or not if not how much it could be ?

Need your suggestions whatever it could be guys :)

Home & Garden

Comments

  • bloom on 19/06/2020 - 17:56
    +3

    Worth the hassle for a $100 whirly?

    • ppp13 on 20/06/2020 - 10:18

      Good point but no one gets free money in this world. By the way if it has to be installed by professional the total cost could be 300$ at least

  • PissLUR on 19/06/2020 - 17:56
    +1

    wow. thats harsh..

    my home building contract has no whirlybird written anywhere on it, but i can see there are at least 6 of them on the roof.

    • ppp13 on 20/06/2020 - 10:19

      Sorry, is that a joke ? I have not seen more than one on any house. OR I know very little here šŸ˜€

      • PissLUR on 20/06/2020 - 10:25

        Lol yes I was mistaken. Have 6 roof cowls. Not whirlybirds.

  • mbck on 19/06/2020 - 18:01
    +1

    That sounds like it is optional. If you wanted it, it wouldve been an extra cost. But if that box isn't filled out, then it wouldn't be installed

    • ppp13 on 20/06/2020 - 10:21

      It is H & L package and all other items mentioned as this but not with this confusing wording though ( ā€œoptionā€)

  • holdenmg on 19/06/2020 - 18:03

    The word "Yes" may indicate to a casual observer that it had included in or that you had agreed to
    it being included.

    • ppp13 on 20/06/2020 - 10:21
      +1

      Thanks for your opinion

  • Seraphin7 on 19/06/2020 - 18:21

    You haven't actually stated that you arranged for, requested and paid for a whirlybird. Did you do all these things, or have you just noticed "something strange" on your roof/your contract paperwork?

  • MS Paint on 19/06/2020 - 18:36
    -1

    Just buy one and install it. DIY.

    Not worth the hassle.

    It looks like it was an option. Your conveyancer doesn't know the answer either. They are just siding with you.

  • Drakesy on 19/06/2020 - 18:38
    +3

    Whirlybird aside,
    Why would you choose a black coloured roof in australia!?

    • WreckTangle on 20/06/2020 - 08:20

      OP is in Melbourne, only sunny & hot for less than 3 months a year

  • Stewardo on 19/06/2020 - 18:54

    Quantity-Nil

  • jimdotpud on 19/06/2020 - 19:10
    +1

    Not worth your time or money. It says it's an option, also says "pricing at contract"
    If this is your final contract and it still says "pricing at contract", clearly they didn't price it and it isn't included in the final cost.
    Did you check the contract items and individual pricing?

    best thing for you to do if you still want them is to say that you discussed it with your rep when drawing up the contracts. they have obviously missed pricing it even though you chose yes to have it included. they will draw up a contract variation and price it and you can accept it.

    • ppp13 on 20/06/2020 - 10:16
      +1

      Actually this was H&L package so no individual item price. Just a contract with included items. And there were other items which were mentioned like this and present in house. Yeaaa bit of confusion with ā€œoptionā€. I know itā€™s not worth the time but wanted to take others opinions who might have gone through similar experiences

  • Donaldhump on 19/06/2020 - 19:29

    a honest review on social media would justify not chasing it

    • ppp13 on 20/06/2020 - 10:12

      Got it thanks

  • Ocker on 19/06/2020 - 19:53

    Giving your builder aggro over such an insignificant item may well come back to bite you in the bum, as they say - revenge is sweet

    • ppp13 on 20/06/2020 - 10:11

      Hmmm. But they have to honour the contract

  • slowcoach on 19/06/2020 - 19:54
    +3

    To me, additional means extra. That implies thereā€™s at least one included already.

    Iā€™ve got a new build. Said no to additional whirlybirds. One was included.

    • ppp13 on 20/06/2020 - 10:11

      There is none on my house

  • ofey on 20/06/2020 - 11:08
    +1

    I am a registered builder.
    From the extract of your contract which you shared, it seems to me its NOT included. The YES doesn't take precedence. The "pricing at contract" implies that it will be added to contract else it would have said "pricing in contract". If it was included, it'd be like the following rows all say "builders inclusion" or "included".

    But it doesn't matter what anyone here thinks… .
    From your details you look to be in VIC. As a first step, I would say you should use the DBDRV service. It is free. VCAT/Fair Trading seems an overkill for this matter which as someone pointed out is a $3XX+ line item.

    https://www.dbdrv.vic.gov.au/

    • ppp13 on 20/06/2020 - 12:20

      Thanks a lot for your insights. Much appreciated

    • coin saver on 21/06/2020 - 14:48
      -2

      Should read "I am a registered builder." not a lawyer however in my biased opinion I will state blah blah blah.. The "pricing at contract" implies that it will be added to contract else it would have said "pricing in contract" this is your opinion as a lawyer/builder representing who? Care to explain your opinion/definition?

      • ofey on 22/06/2020 - 10:49

        "But it doesn't matter what anyone here thinksā€¦ ."

  • povie on 21/06/2020 - 11:33
    +1

    The NCC requires exhaust fans and the like to be ducted externally from a roof space via mechanical ventiation (ie whirly bird or vented out through eaves) if you have a colorbond roof or sarking underneath the roof cladding. In these cases whirly birds will be required as per code and should be included.
    If you have a tiled roof there is no need to have a whirly bird and exhaust fans can be vented into the roof space as this area is considered ventilated.
    A friend of mine had a colorbond roof with no whirlybirds. Brought it up with the builder and he fixed it straight away.

    • ppp13 on 21/06/2020 - 14:41

      Yes mine is only tiled (sambuca) roof without sarking. Thatā€™s a good point. Thanks for your insight

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