Damages for late completion of Building works

From: Marina .


Hi,

The HIA contract states building to be competed in 180 days including 10 days for inclement weather, 5 days for weekends, holidays, and 20 days for other.
Agreed damages is $250 per week.
We are now over approx 4 months!!!!!

Our building has been going on 304 days and we thought that we were entitled to the 124 days late payments.

The builder just sent me an email to say he will only pay us for 30 days, which is $1000 instead of around $4000.


Our house is ready for handover tomorrow, and I think he deliberately left this until the last day.

What do I do?
If I dispute this I don't know if I could settle this matter with the builder tomorrow and then it will delay the settlement further, or do I just give in to them.

We have had a tough time with them on a number of occassions, and we cannot win in any situation.

Hubby says just settle tomorrow, and then we will never have to speak to them again.

What do I do.?
 
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Reply: 1
From: Mark Laszczuk


Marina,
Well, it depends, really. If they have a contract with you that basically states they owe you $4000, then you have to ask yourself: Is it worth going after the money or not? If you have the evidence, then $3000 is a lot of money to turn your back on, I reckon. I mean, a contract is a contract and if they owe you money, it should be resonably easy to convince them, with a little legal help (or maybe I'm just being naive). Sounds to me like this has happened before. What would I do? Go after the money. It's yours, after all. Make them hurt for all the grief they've caused you.

Mark
'no hat, some cattle'
 
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Reply: 2
From: Jas



> Our house is ready for handover tomorrow, and I think he deliberately
left
> this until the last day.

Of course he did, just to put you in this position.

>
> What do I do?
> If I dispute this I don't know if I could settle this matter with the
> builder tomorrow and then it will delay the settlement further, or do
I
> just give in to them.

It really depends on your personality. You are going to have to scream
and shout in order to get this changed.
>
> We have had a tough time with them on a number of occassions, and we
> cannot win in any situation.
>
> Hubby says just settle tomorrow, and then we will never have to speak
to
> them again.

If you feel you can't win, and you husband just wants to 'get it over
with', I suggest letting it lie. Mark the money off to education and
keep going.

For myself, I'd scream and shout (but that's me through and through).
Sounds like the builder's experienced in this game, so I wouldn't budge
:)

Jas
 
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A

Anonymous

Guest
Reply: 3
From: Anonymous


take the keys and his cheque with one hand and give him a letter demanding the remaining $ with the other.

If he's a company then do a statutory demand and wind him up.
 
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Reply: 3.1
From: Robert Forward


Or you can get creative, think outside of the box.

Ask him to pay your moving costs, or to put a pergola up instead, put some garden work in, fly screens on your window, curtains for your windows, clothes line, turf, fences etc....

When you do this you simply remind him that if it's $3000 (or $4000 for that matter) worth of work he is only going to be paying builders rates to do the work and the GST will be claimable. So your $4000 worth will only cost him say $2000 to do.

This is a better Win/Win situation as you get some value adding to your property and the builder gets away without having to put a claim in against his insurance. Of which may be increased if he makes this claim.

Cheers
Robert

Property Inspection Reports @
http://www.creativefinance.com.au

The Sydney "Freestylers" Group Leader.
 
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Reply: 3.1.1
From: Marina .


On 3/27/02 6:18:00 PM, Robert Forward wrote:
>Or you can get creative, think
>outside of the box.
>
>Ask him to pay your moving
>costs, or to put a pergola up
>instead, put some garden work
>in, fly screens on your
>window, curtains for your
>windows, clothes line, turf,
>fences etc...
.
>THIS IS A BIT OF A JOKE FOR ME. THEY DO NOT GIVE ANYTHING AWAY FOR FREE. EVERY MINOR CHANGE HAS A COST OR A MARK UP OF 25%.
I HAVE BEEN TOLD THEY ARE NOT IN THIS BUSINESS TO LOSE MONEY ON NUMEROUS OCCASSIONS.
I HAVE HAD ALOT OF ISSUES AND THIS IS THE LAST STRAW. THEY WILL NOT BUDGE.


>When you do this you simply
>remind him that if it's $3000
>(or $4000 for that matter)
>worth of work he is only going
>to be paying builders rates to
>do the work and the GST will
>be claimable. So your $4000
>worth will only cost him say
>$2000 to do.

THE PROBLEM IS HE DOESN'T FEEL HE OWES ME ANYTHING OVER $1000.
HE BELIEVES HE IS IN THE RIGHT, AND IT IS VERY DIFFICULT FOR ME TO DO ANY RESEARCH OR CONTACT A SOLICITOR BECAUSE OF HANDOVER BEING TOMORROW. I CAN SCREAM AND CARRY ON LIKE HAVE IN THE PAST WITH OTHER ISSUES, BUT IT DOESN'T GET ME ANYWHERE. WE HAVE NO CONTROL WHAT SO EVER.


>
>This is a better Win/Win
>situation as you get some
>value adding to your property
>and the builder gets away
>without having to put a claim
>in against his insurance. Of
>which may be increased if he
>makes this claim.

RIGHT THRU THIS WHOLE SAGA IT HAS BEEN WIN WIN FOR THE BUILDER.
I AM A PERSON WHO LIKES TO BE IN CONTROL BUT IN THIS PARTICULAR CASE I HAD VERY LITTLE CONTROL.

WHAT I WILL DO IS I WILL SETTLE THIS AS PLANNED AND THEN GO TO THE HIA AND MASTER BUILDERS ASSOCIATION AND QUERY IT.
HOPEFULLY I WILL BE ABLE TO TAKE THE MATTER FURTHER.

THANKS EVERYONE FOR YOUR HELP
MARINA

>
>Cheers
>Robert
>
>Property Inspection Reports @
>http://www.creativefinance.com
>.au
>
>The Sydney "Freestylers" Group
>Leader.
 
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Reply: 3.1.1.1
From: Jeremy Laws


HAH Marina!
I shouldn't laugh but try being 24months over contract period! Now in $200k litigation, but its heartening to hear other stories! I don't trust builders! Esp ones who have done excellent work in the past!
 
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Reply: 3.1.1.1.1
From: Marina .


On 3/28/02 9:48:00 AM, Jeremy Laws wrote:
>HAH Marina!
>I shouldn't laugh but try
>being 24months over contract
>period! Now in $200k
>litigation, but its heartening
>to hear other stories! I don't
>trust builders! Esp ones who
>have done excellent work in
>the past!

I don't trust builders either.

STORY 1- Called builder in November last year and told him to replace the carpets in contract with floorboards.He said O.K. and
he gave me a variation credit for the carpet and charged the floorboards accordingly with builders margin on top.
Last month he told me he had forgot to call the carpet people to cancel the order and as the carpet had been pre-cut I will not be getting the carpet credit.
So here I am stuck with carpet to the value of $3000 which I do not want, and On top of that had to pay big $$ for the floorboards.
I tried negotiation like we will pay half each for the carpet, OR don't put your profit margin on the floorboards since you already have the profit on the carpet, but it all fell on deaf ears.
I jumped and carried on about the unfairness of the situation, but in the end I had to give in.

ANOTHER POINT TO MY BUILDER!!!!!


Marina
 
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Reply: 3.1.1.1.1.1
From: Asy .


Ok,

Lets go with the big guns...

Try this, see if it works.

Contact a board company (The kind the RE agents use, try ABC, they are good).

Tell them you want to do a one-off board, and ask them to give you a proof. List your grievances on the board, and FEATURE the builders name and company, AT LEAST 5 times.

Something like:

LIKE THIS HOUSE? Get SOMEONE ELSE to build it!!!

My builder, Jo Blow, of JB Building co, PROMISED ME that he would have it completed by xx/xx/xxxx. We went over, now he is RENEGING on his contractual duty to pay my penalties.

ALSO.....
list other grievances here...

HE HAS BEEN NOTHING BUT TROUBLE TO ME.

Please come to door for more information...



Have your solicitor check your wording to ensure that it is all "in my opinion" and "in my experience" and you are not breaching defamation laws. Then show the proof to the builder.

Tell him that you ARE prepared to loose the $250 it will cost to have the board erected, since he has already COST you $5000...

Also, tell him that you have spoken to the local papers, and they are coming out to take photos as soon as the board is up, and so is *insert TV show name here*.

See how this goes, and, if it were me, I would actually do it if he doesn't relent!

asy

"Don't forget what happened to the guy who suddenly got everything he ever wanted...
He lived happily ever after.
(Willy Wonka).
 
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Reply: 3.1.1.1.1.1.1
From: Felicity W.


I must remember to always be nice to you asy! ;-) ;-)
Fabulous idea though. If there's one thing I REALLY hate it's male builders who seem to think that it's okay to deal with a female client using bullying and sheer bloody mindedness, because after all women are just stupid, right? grrrrrrrrr I've met a few of them in my time grrrrrrr
Keep smiling
Felicity :cool:
Off to let my blood cool down again...! hehehehe
 
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Reply: 3.1.1.1.1.1.1.1
From: Jerry Maguire


hi marina,
how are you?
you should get a building inspector or a QS to come in with you to inspect the ppty when the builder finish.
if the contract says abc floor board and they put in xyz floor board instead don't settle just don't pay them the final payment.
you got the right not to settle if they put in the wrong stuff compare to what the contract says they want the money and not you.
i had the same problems on one of my OTP b4 last year but the QS realised on the contract it says 10mm carpet and they only put in 6mm and a few other things as well, so i did not settle for 2 mths till they fixed the problems.
when they fixed the problems my QS came in again and make sure everything is right then i settle.
all the best to you marina hope this will help you out.
this might be a bit late,
but better be late than never
 
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