Builder issues - Builder not doing what asked

Discussion in 'Legal Issues' started by Sachi, 23rd Mar, 2019.

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  1. Sachi

    Sachi Member

    Joined:
    4th Jan, 2016
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    Location:
    Brisbane
    Hi Guys,

    Please help me out with this situation.

    When I signed the contract with the builder, it simply says "skirting" in the Final quote and in color selection I have selected a colour for the skirting. During the construction stage, I emailed him to leave the "skirting off on the floor" in the bedrooms, so I can get Hybrid flooring in. He mentioned there would be a variation and he would charge extra, to which I agreed. But then he emailed back saying, you won't be able to get Form 21 and move in, I emailed him back to still leave the skirting off. He didn't respond to email and I called him after 2 days, and we met on-site. There he said, he will leave the "skirting off" and instead, when I went in to check it later, I saw that skirting was set - and no space left from the floor. The option now is to put scotia, and I am not a fan of it.

    [Location - Queensland]
    TDLR - Builder verbally agreed to leave the flooring off the floor, but he didn't do so.

    How should I approach this situation ?
     
  2. Joynz

    Joynz Well-Known Member

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    Have a chat with him about it.

    One of the subbies (fixing carpenter) just probably did it without thinking. Or maybe the subbies didn’t get the message.
     
  3. Sachi

    Sachi Member

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    I have had a chat, and he is insisting that he wanted to do it exactly like this. And he wouldn't have got Form 21 if he did that. Apologies, for not making it clear.
     
  4. Joynz

    Joynz Well-Known Member

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    Did you pay the variation?
     
  5. Sachi

    Sachi Member

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    Location:
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    He didn't give me an invoice for variation, as he didn't actually do a variation. Variation was that putting the skirting later on would have costed 1800$ extra, as the carpenters would have to come back to install the skirting and paint it.
     
  6. Tools

    Tools Well-Known Member

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    Pull it off yourself and do the flooring

    Tools
     
    wylie likes this.
  7. Sachi

    Sachi Member

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    I know I can do it this way. However, it will be a lot of work now, plus the chance to damage the plasterboard - which I am more concerned about. It might be a small thing, but I feel a bit upset and frustrated, that I am willing to pay a variation and paying huge amount for house construction. Why the builder has to act in this manner ? Is it really a form 21 issue, or he is making it up. Ideally, I would like him to pay for the cost of removing the skirting (as this is what I asked) and I will pay the cost of putting the skirting back on and painting it.
     
  8. Joynz

    Joynz Well-Known Member

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    A variation needs be be signed off in writing by the owner and the builder.

    No sign off, no variation.

    Has the skirting been painted and gap filled?
     
    Marg4000 likes this.