Issues with Builder for our new home

Discussion in 'Legal Issues' started by Maneesh Chopra, 10th Dec, 2017.

Join Australia's most dynamic and respected property investment community
  1. Maneesh Chopra

    Maneesh Chopra Member

    Joined:
    3rd Jan, 2017
    Posts:
    10
    Location:
    Sydney
    We have recently signed a double story house building contract with Eden Brae in NSW.

    There are couple of issues we are having with them:
    - After contract they are passing on the water board approval costs, etc to us. During the contract signing appointment I had asked the sales person if any of the approval costs will be passed onto us and she had replied that as this is a fixed price contract so approval costs should not be passed onto us. But now (a week after signing contract) they have advised that they need to order Water Servicing Coordinator (WSC) as sydney water thinks that our development may affect sewer main. And the builder is passing the cost for WSC to us. And have indicated in email that apart from things like council approval they will pass on council requirements, etc costs to us which is opposite to their advise on contract signing day.

    - We choose to go through CDC approval as our land has about 2 meters slope and CDC allows 1 meter cut and fill. And the sales person confirmed to us in a email that the plan proposed by them should meet CDC requirements. Now after contract signing they are saying that the plan is subject to CDC approval and if the plan is not approved and has to go through council instead then additional costs will follow.

    - Before contract signing appointment no one from builder discussed the type of windows we require. On the contract signing appointment they asked us about 1 window because that wa snot going to comply with CDC requirements. This got us thinking about other windows as well. But now they are saying that because you ave signed the contract so we cannot make anymore structural changes as they have ordered the BASIX assesment.

    And the Customer service officer(CSO) assigned to us is not helpfull at all and is sending us contract clause number which restrict us from doign things.
    We have sent email to management 2-3 days ago to complain about CSO and they have not responded as well.

    What can we do in order for the builder to behave more professionally?
     
  2. Joynz

    Joynz Well-Known Member

    Joined:
    5th Apr, 2016
    Posts:
    5,755
    Location:
    Melbourne
    You are protected by and constrained by the contract that you signed.

    The contract sets out what was agreed and you have to stick to it for everything related to the build.

    The salesperson said 'should' meet CDC not 'will'. Doesn't sound like the company is being unprofessional at all.
     
  3. Anthony416

    Anthony416 Well-Known Member

    Joined:
    14th Dec, 2015
    Posts:
    538
    Location:
    Sydney
    New BASIX controls came in mid year, these builders are not up to speed by the sounds of it.

    Many say "should meet CDC requirements" which usually means it will not.........
     
    Tom Rivera likes this.