Building Company holds us to ransom Page 1 / 2

mcnic, Apr 20, 9:16am
In April 2014 our building consent was issued. Finally, on 13/3/15, months behind schedule, our new house was completed and gained code of compliance from the council. Time to occupy? Not unless we agree to the driveway which wasn't poured according to plan and doesn't suit. The building company will not give us handover and keys unless we accept the driveway stuff up or their shoddy plan to try to fix it, rather than redo. Hardly a major - we are happy for it to be corrected later, - but at their cost. Feel held to ransom. Just venting. Gun for hire link anyone?

tiny15, Apr 20, 9:30am
time to go crack every window in the house. its still there responsibility

dannyboy24, Apr 20, 9:38am
Brilliant idea and the most prudent course of action. Spray offensive graffiti all over it also .That'll show 'em

jonners2013, Apr 20, 9:41am
hard to take possession from gaol.

mcnic, Apr 20, 9:50am
Ah, but while detained by the Department of Correction I would not have to pay rent or a mortgage for my accommodation, and could embark on a rehabilitation course where I could learn how to pour a driveway according to plan!

smoff79, Apr 20, 11:22am
do not let them come back later even if you withhold monies they wont come back. its not like you can take it back to the shop as it was done wrong. builders have peeps by the short and curlies at the end of the day. 2 and half years on I am still waiting to have items fixed eg the exterior paint job. company who did it would not issue producer statement unless paid in full said they would come and fix it never did. tell them your happy to wait and withhold final payment until it is fixed to the standard and requirements in their contract it will cost them money as you pobaby have a big final payment waiting they need that cash to pay their bills.

gymee1, Apr 20, 8:39pm
But you would still have to pay your mortgage, seems you would rather cut your nose off just to spite your face

adnil3, Apr 20, 9:04pm
lol good plan free food free accomodation free education, after all the crap we been through probably feel like a holiday not prison. keep fighting good luck.

goldclan, Apr 20, 9:44pm
Can you name the building company?

carter19, Apr 20, 10:55pm
What about the dispute clauses in your contract?

pico42, Apr 21, 8:00am
What does your contract say?
How much is still owed?

mcnic, Apr 21, 9:25am
Hmmm. Not for a gold No Trader.

mcnic, Apr 21, 9:25am
Standard mediation process and arbitration when that fails.

mcnic, Apr 21, 9:27am
Contract is standard. Building Co doesn't appear to be concerned about breaching the contract so perhaps we shouldn't either?

lambrat, Apr 21, 7:45pm
hmm, interesting reply, golden homes?
what about going to The Press? put the crooks under the spotlight. these stories are too common.

spunkeymonkey, Apr 22, 5:57am
is your house made out of steel ? yes or no

lee289, Apr 22, 7:29am
Start mediation then, it all begins with a formal letter from you to them. Paper trail in case you can take them to court for breach of contract. Pretty crappy for you to be put through this, esp considering it doesn't seem like a stress free build

mcnic, Apr 22, 7:39am
Seems to be pretty clear that the Building Company is in breach of their own contract, not that they seem concerned by that. Have started the process by going higher up the food chain with the Insurance Co. Nothing was happening with the softly, softly approach. The build was relatively stress-free, although they were about 7 months behind schedule.

mcnic, Apr 22, 7:49am
Mediation can start after we have access. Practical Completion (Clause 46) has been reached. The only thing stopping us going into the property is the requirement to have written approval from the building company (Clause 48.3). Without approval, we will be in breach of Clause 50 and if fail to vacate (Clause 51), then Clause 52 applies. This will render the contract null and void, and allow them to walk away. Despite this, they are in clear breach of Clauses 41.2, 41.3, and possibly 42. They will expect to hold us to the contract that they have already broken.

lee289, Apr 22, 9:23am
Can I ask why doesn't it suit purpose is it wrong lay it wrong finish

lee289, Apr 22, 9:24am
Sorry wrong lay out or finish

mcnic, Apr 22, 9:46am
lay out

mcnic, Apr 22, 10:28am
First of all, a bus seat was in the way of the proposed driveway access. So they changed the layout from the Consented Plans, without consultation. When it was noticed by us, we were told that the bus seat was the problem. Well, let's get it moved, we said, and filled out the forms to have it moved about 3m away from the access. That was hard! Too bad the Project Manager couldn't have done that. The second excuse was that they had poured the right square meterage, just in a different shape from the agreed plan. The latest excuse is that the sump is in the wrong place and they had to place the driveway to avoid it.

mcnic, Apr 22, 10:31am
They have come up with a plan to fix it, but want us to pay 50% of the cost, and it doesn't solve the parking problem.
Have just received permission from the Council to move the bus seat, so there will be nothing less than the signed and Consented driveway to be installed.

gymee1, Apr 23, 10:49pm
I dont think we are getting the full story, Would like to hear the companies version.

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