under ground service connection for a dual occ - who should pay for it?

Discussion in 'Renovation & Home Improvement' started by Leonie, 2nd Feb, 2017.

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  1. Leonie

    Leonie Well-Known Member

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    Good afternoon all,

    I need someone help me out with my last payment for a dual occ.

    Signed a fixed contract with a builder. At middle if the building period, the underground service connection was needed, the builder said the actwelAGL only allowed the owner to apply for it... to save the time, I applied and paid the $4k under ground service fee.

    My questions are:

    1. Should I deduct the $4K from the final payment, as this is a fixed building contract?

    2. The house building is at the final stage, the builder is asking for the last payment. The problem is, there are a few tasks not done yet, e.g. a new carport, separate water meter, and a double garage door...if the $4k underground fee should be paid by the builder, the there are only $4k I own him, which is much less value the work to be done.

    Should I make the payment? It's 4-2-2 house, the building has been going for 11 months...not much done in the past two months. I am afraid after the last pay, the builder would slow done more.....

    Any advice, please??? Your help would be very much appreciated ;- )
     
  2. Kassy

    Kassy Well-Known Member

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    Did your contract include the underground service connection fee?

    I haven't built a house in Canberra but years ago when we rented here, we rented a brand new property and we as the tenant had to pay the fee and the landlord reimbursed us. That was around late 2006, it wasn't that expensive that I recall but is was around a grand...
     
  3. Phase2

    Phase2 Well-Known Member

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    Depends on your building contract. If the underground service connection was excluded from the builders scope you have to wear the $4000. If it was included in their scope (listed in their contract as work that they'd do) then you should deduct it.

    I'd be reluctant to pay the final installment until Practical Completion is achieved (Everything completed, only minor defects to rectify), but like I said, it comes down to what you agreed to pay and when, in your building contract.
     
    bob shovel and Perthguy like this.
  4. Leonie

    Leonie Well-Known Member

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    Thanks for your reply...appreciated ; -)

    The contract does not mention the underground service at all. So it should be part of the contract, paid by the builder, right?

    I will try to hold the last payment until the two big items done, carport, and water meter installed.

    Thanks again :)
     
  5. Marg4000

    Marg4000 Well-Known Member

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    Do not make the final payment until all work completed and final inspections completed.

    If the underground service is not included in the contract then the charge is possibly to you.
    Marg
     
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  6. Leonie

    Leonie Well-Known Member

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    Thanks Marg,

    As the underground service is not listed in the contract, who should pay for it?
     
  7. Phase2

    Phase2 Well-Known Member

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    If it's not listed, the contract will probably only specify that the builder will supply temporary power. Permanent connection is likely to be your responsibility.
     
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  8. bob shovel

    bob shovel Well-Known Member

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    You have already paid it and should pay as it was not in the contract stating who was responsible.

    you should still wihthold outstanding amount until work complete
     
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  9. Knights of Ni

    Knights of Ni Well-Known Member

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    Melbourne
    If it's not in the contract, then you will need to pay for it...Check to see if the underground fees are for BOTH duplexes, as you can split cost with the other side, or whether it is just for your property only.

    Do not make final payment until final work is complete.

    BTW, you can always finish the house yourself (with sub-contractors) and deduct the costs from the amount owing to your builder (if it appears he is done with your build..I suspect he has moved on, or perhaps he was on holidays like the rest of us?)... check with a lawyer first.
     
  10. Marg4000

    Marg4000 Well-Known Member

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    Qld
    The contract and specifications should list all inclusions.
    If it is not mentioned, it is not included.
    Check with a solicitor to be sure.
    Marg
     

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