Builder's Variation

Discussion in 'Property Experts' started by Apprentice, 26th Nov, 2019.

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  1. Apprentice

    Apprentice Active Member

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    We believe that a number of variations that we have paid , perhaps were not variations and should not have been paid for. Can we claim these back or is it bad luck because they have already been paid??
     
  2. Tools

    Tools Well-Known Member

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    You shouldn't have signed for them if you didn't agree.

    Tools
     
  3. Stoffo

    Stoffo Well-Known Member

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    Not enough details.

    You have a contract with the builder to build.
    The contract should specify everything.

    So have you changed anything, like different tiles ?
    Or, did the builder change something, due to unavailability ?

    Basically nothing can be changed without written agreement between the parties.

    Builder sends you an invoice and you pay it you have accepted it, so unless you have in writting some proof contradicting an item ...........
     
  4. Bargain Hunter

    Bargain Hunter Well-Known Member

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    The time to query a variation is before you sign them off, too late to push back now. :(
     
  5. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    If you have paid someone ngfor something they were not entitled to you can try to get it back
     
  6. Apprentice

    Apprentice Active Member

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    It was queried at the time but builder threatened and stopped job so we paid.
     
  7. Apprentice

    Apprentice Active Member

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    Didnt sign anything . Just paid invoice.
     
  8. Sackie

    Sackie Well-Known Member

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    Any variation called by the builder needs to be signed off by both you and the builder. You should have sought legal help at the time, though I know it can be very difficult when a builder threatens to stop work. Often you're stuck between a rock and a hard place and you have to make a decision that's in the best interest of the project moving forward.
     
    Terry_w likes this.
  9. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    There may be actions available after the project has ended under consumer law.
     
    Archaon likes this.
  10. Joynz

    Joynz Well-Known Member

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    Can you be more specific about what the variations were?
     

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