(Troublesome) New House Builder

Background: The land was titled in August 2018. Contract signed with builder to build a single story 25sq house in September 2017 (Standard Master Builders Association of Victoria HC6 Edition 2.2 - 2017 contract). They are a small project builder based in Melbourne.

My fault: I didn't specify any condition that the builder must start construction within say 8/12 weeks after the land is titled. It's my first house, and I thought a standard contract would have such conditions.

Details: now it's been more than a year, and the builder is doing everything to stall, the builder got me to collect all documents required (admin work) that other builders get for their client, I still did just so that start the work. They said it's their policy.

I have been asking them for a construction start date, but they say nothing, they don't receive phone calls, or reply to emails, only reply to text if they are in the mood, but is telling me no builder give out construction commencement date, etc. And that he has 100 years of experience, and I am nothing more than a big fool.

I know a client who has cancelled their contract, and they agreed on refund (minus a costs/penalty), but they still didn't refund him, and is refusing to give him a date when the refund will be made.

What are my options? Do we have builder ombudsmen or a similar government body?

Thank you in advance.

Comments

  • +5

    Lawyer up.

    • Thank you. So lawyer is my only option at this stage?

      • +5

        It's your best option.

        You've already identified that you're not familiar with the building and legal protocols. Essentially, you don't know what you don't know nor how much you don't know. It's a dangerous position to be in.

        To start taking advise from internet miscreants, you need to at least be aware of your options and contingencies.

        • Will go see a lawyer first thing on Monday. Thank you.

  • +1

    When does the contract say they start?

    • My fault: I didn't specify any condition that the builder must start construction within say 8/12 weeks after the land is titled. It's my first house, and I thought a standard contract would have such conditions.

      It is Standard Master Builders Association of Victoria HC6 Edition 2.2 - 2017 contract.

  • +2

    I'm going through something similar. Really need to see the details in your contract. Builders might change some of conditions inside or leave things unfilled.

    Work usually need to start within certain days after getting your building permit but not knowing your contract details, i can't comment.

    Be careful of terminating the contract incorrectly as the builder could come back and sue you later on.

    These contracts benefits the builder more than the client unfortunately.

    • May I ask what you are going through, and your course of action. Thanks.

    • These contracts benefits the builder more than the client unfortunately.

      Unfortunately this is the truth with these MBA and HIA contracts.

      I'm not at all familiar with the MBA contract, but I don't recall the NSW or QLD HIA contracts stipulating when the builder has to start by after land registration. What they instead referred to was a time to start completion after building approvals are all received. I know the first builder I used stalled for a few weeks getting the documentation required for submitting for building approvals and there wasn't really much I could do.

      Your case sounds to be over the top, if none of the delays are caused by yourself, your developer or the local authorities ( ie. council or the certifier) then you really need some legal advice from a solicitor that is well versed in building contracts in your state. Don't go with just any old solicitor, specifically find one that has that experience. As Monkeybob also said, if you get contract termination wrong, the builder can potentially come back hard on you, so it's important to get good legal advice now.

  • +6

    Why would you sign something you do not understand, you should of gotten a solicitor to look over the contract before signing it.

    Goto a solicitor asap.

    • +1

      I've had a house built and renovations done on a number of occassions and never gone to a solicitor with the contract, not sure of too many people who do.

      I wonder if these guys might be able to help.
      https://dbdrv.vic.gov.au/

      I normally find my builders by going to the MBA Victoria site and submitting my jobs up there.

      https://www.mbav.com.au/find-master-builder

      I've never had a problem wih the guys I've gotten, to date.

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