Site Visit

Discussion in 'Development' started by AnneC, 30th Apr, 2020.

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

    AnneC Well-Known Member

    Joined:
    26th Jul, 2018
    Posts:
    226
    Location:
    Melbourne
    Our builder is being very difficult with site visits. We dont go down very often at all, especially now with the Corona Virus.

    He comes up with an excuse all the time. Last time we went down was about 6 weeks ago. There is very little progress on the job and many days there is no one there.

    When we text to say that we want to go down the next day , he says that either they are too busy or it will be raining and no one is there.

    Does anyone know what our rights are? I know the builder has taken control of the site but can they be that difficult?

    Thanks, the joys of building!!
     
  2. Perp

    Perp Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    731
    Location:
    Brisbane
    As per your contract.

    But yes, builders hate owners going on site. I think you've probably got some schmoozing to do, rather than relying on "rights" already. You do *not* want your builder ****** off.

    You have to accept that you presently have very limited rights to enter, and the builder controls that. So catch some flies with honey.

    When we were building, it was right near my kids' school, so I was in the area every day. As the weather was warm, I took our builder - and any tradies on site - icecreams on sticks and icy cold Cokes every afternoon when I picked the kids up. But I also took those in an Esky that I left at the gate, and didn't go on site unless invited. Most days I just left the Esky and didn't even see/talk to them.

    The more you try to insist upon a right that you've signed away to the builder (ie the right to enter), the more he's likely to resist.
     
    craigc, Stoffo, Tufan Chakir and 3 others like this.
  3. Terry_w

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

    Joined:
    9th Jun, 2006
    Posts:
    30,842
    Location:
    Australia wide
    You prob have no right to enter until it is handed over.
    Insurance and risk is one issue
     
    Stoffo, Scott No Mates and Perp like this.
  4. AnneC

    AnneC Well-Known Member

    Joined:
    26th Jul, 2018
    Posts:
    226
    Location:
    Melbourne
    Building progress

    Visiting your building site

    You have the right to ‘reasonable access’ to your building site at any time during construction. This right applies even if you sign a contract that says otherwise - for example, if the contract limits your visits to business hours only.

    What is reasonable will depend on the situation. For example, your builder tells you on Friday that the foundation stage is complete, and the slab will be poured on Monday. If you are using an independent building consultant, ensure that they inspect the work to make sure there are no hidden building defects. It would be 'reasonable' for you to have access to the building site on the weekend.

    You should always consult your builder to discuss occupational health and safety issues before entering the site.

    If you interfere with the carrying out of building works, the builder will not be responsible for costs or delays resulting from your actions. The builder must notify you within five business days, in writing, if there are any delays or additional costs.
     
    Perp, Terry_w and TAJ like this.
  5. Archaon

    Archaon Well-Known Member

    Joined:
    20th Mar, 2017
    Posts:
    1,848
    Location:
    Newcastle
    The builders done a poor job of locking the site up, so i went and visited when I could.

    I actually noticed they forgot to put a door in my garage when the brick wall was half built, and emailed them about it ASAP, they gave me a spiel about not being allowed on site and the brickies finished the wall.

    Actually would've saved them time and money, but ya'know :rolleyes:
     
    Tufan Chakir, AnneC and Perp like this.
  6. Hodge

    Hodge Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    638
    Location:
    Melbourne
    I had a special condition in my contract that gave me the right to enter the site at any time without the need of builders consent.
     
    AnneC, Archaon and Terry_w like this.
  7. Joynz

    Joynz Well-Known Member

    Joined:
    5th Apr, 2016
    Posts:
    4,468
    Location:
    Melbourne
    I assume that you hold a ‘white card’?
     
  8. Hodge

    Hodge Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    638
    Location:
    Melbourne
    Nope. Just a clause written in the contract. Also wrote down builder wasn't liable should I get hurt.

    All went well at the end, builder didn't care I was around.
     
  9. Perp

    Perp Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    731
    Location:
    Brisbane
    Were you wanting to visit with a building inspector? I thought you just wanted a "look see".
     
  10. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    20,330
    Location:
    Sydney or NSW or Australia
    Unless you have a clause giving you (or the architect/superintendent etc) the right to access the site for site meetings, inspections or whatever, you have granted the builder the exclusive right as the Principal Contractor (under WHS regulations) and they are responsible for anyone who is accessing the site either by invitation or illegally.
     
    Stoffo, Perp and Joynz like this.
  11. Terry_w

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

    Joined:
    9th Jun, 2006
    Posts:
    30,842
    Location:
    Australia wide
    Yes that is my understanding
     
    Perp likes this.
  12. AnneC

    AnneC Well-Known Member

    Joined:
    26th Jul, 2018
    Posts:
    226
    Location:
    Melbourne
    Yes
     
  13. AnneC

    AnneC Well-Known Member

    Joined:
    26th Jul, 2018
    Posts:
    226
    Location:
    Melbourne
    This is what happened with us as well. Went past the site on the weekend and noticed the gate open. They had forgotten it open. This has happened before. We were able to look around and noticed some defects. Took photos . Then when we got home, thought how can I send these to builder. He will know I went down on the weekend.
     
  14. Joynz

    Joynz Well-Known Member

    Joined:
    5th Apr, 2016
    Posts:
    4,468
    Location:
    Melbourne
    You would be OK as long as the builder was there but there is a significant fine for a non-white cardholder being on site in an unsupervised way.

    When I did the training for my white card they gave several examples of the fines involved.

    In one case it was the builders wife who had gone to do a clean by herself before handover - WorkSafe did a ‘drive by’,and there was a fine!

    I’m also not convinced a builder can contract out of their responsibilities.
     
  15. Joynz

    Joynz Well-Known Member

    Joined:
    5th Apr, 2016
    Posts:
    4,468
    Location:
    Melbourne
    You should definitely let them know the gate was open. Was it a padlock with a combination?

    It’s not uncommon for delivery people or subbies not to lock it. This is the bane of a builders life! The builder can’t be there 24 hours a day.
     
    Archaon likes this.
  16. Hamish Blair

    Hamish Blair Well-Known Member

    Joined:
    29th Sep, 2015
    Posts:
    442
    Location:
    Melbourne
    I always asked permission to come on site from the site manager. No problem.
     
  17. Westminster

    Westminster Tigress at Tiger Developments Business Member

    Joined:
    13th Jun, 2015
    Posts:
    8,512
    Location:
    Perth
    There definitely is more restrictions due to covid19. the HIA have given firm restrictions on how many people. I have one site that can only have 4 tradespeople on site at once due to its size so I can’t visit that without causing chaos - site inspections are restricted to after hours once the trades go home and the builder does it with me.