Plans - Signed and Stamped - but not built to plan

[randomnoise]

Hello...

I noticed on our signed (by both us and builder) and stamped plans (by architects and council) that our windows should have been double glaze, but are only single glaze.

I approached the builder about this, and their comment was "you didn't pay for them, so you didn't get them".

But our plans were agreed to with those windows included - so given we and the builder agreed to the plans as is (by signing them), am I entitled to double glazed windows...??

Thanks.

 

[Terry_w]

Hello...

I noticed on our signed (by both us and builder) and stamped plans (by architects and council) that our windows should have been double glaze, but are only single glaze.

I approached the builder about this, and their comment was "you didn't pay for them, so you didn't get them".

But our plans were agreed to with those windows included - so given we and the builder agreed to the plans as is (by signing them), am I entitled to double glazed windows...??

Thanks.

What does your contract say?

 

[randomnoise]

The contract is that standard HIA contract based here in Victoria.

I presume you mean what's in the Specification...??

 

[Terry_w]

The contract is that standard HIA contract based here in Victoria.

I presume you mean what's in the Specification...??

You will have to go through your contact and see what you agreed on with the builder.

 

[tiger97]

Have a look in your contract, if the double galzed windows are excluded, it would be in the 'special conditions' Section B

Or it could be in item number 18 'fixtures and fittings not included in the contract price but shown on plans and/or specifications'

Scott.

 

[Timmyd]

Also check your energy report. He should have gone off that and needs a certificate of compliance for glazing to get the certificate of occupancy

 

[tiger97]

Double glazing these days are a must, they only cost about 30% more than single, and will pay for themselves.

 

[randomnoise]

I have checked the Specifications, particularly under Section 18 - Fixings.

There is no mention of what glass/glazing would put put in there.

There is no mention of any special exclusions re glazing either.

All I can find under Section 24.0 Glazing is the line

" External glazing to suit Terrain Category 3"

 

[tiger97]

Terrain category 3 means the roughness of the ground, such as trees, other houses, wide open terrain, coastal areas.

 

[randomnoise]

So given there is no indication in the specifications of what sort of glazing should have been included, but on the stamped and signed plans the double glazing is indicated, would there be grounds fro redress...??

 

[randomnoise]

PS: Thanks to all that have posted and provided advice/opinions.

 

[tiger97]

Absolutely! you have a few options, depends which industry association he is a member of, Master Builders or HIA, you could complain to them, or you go to the Building Commission and make a complaint.

Ask the builder where it says that double glazing was excluded.

Scott.

 

[Terry_w]

So given there is no indication in the specifications of what sort of glazing should have been included, but on the stamped and signed plans the double glazing is indicated, would there be grounds fro redress...??

Yes, I would think so.

 

[Tigerboy]

Hello...

I noticed on our signed (by both us and builder) and stamped plans (by architects and council) that our windows should have been double glaze, but are only single glaze.

I approached the builder about this, and their comment was "you didn't pay for them, so you didn't get them".

But our plans were agreed to with those windows included - so given we and the builder agreed to the plans as is (by signing them), am I entitled to double glazed windows...??

Thanks.

If the contract is in Victoria the Domestic Building Contracts Act provides that a builder must build in accordance with the plans. Unless he specifically excluded them, and then he needs your signature for this, they must be provided.

Huss.