If you're maths is good, you'd have worked out we should have been in our house (by the Builder's time line) 21 days ago. Unfortunately we haven't moved in as the house is incomplete and not able to pass Council's inspection for a temporary occupancy certificate.
We're in no man's land. Our home (while building) has been sold and we've had to move out (we extended the lease 5 times but the new owners want to move in now). Our possessions have been moved into the new house but we're unable to reside there yet without an occupancy certificate.
We were stupid to think that the Builder would stick to his word and actually get us in on 31st July. Things started going pear-shaped about 2 weeks before the completion date when trades didn't show and they fell behind in schedule. We asked if we were still on track (as we were packing boxes to move out) and were spun more lies about unforseen delays, though all was OK - all bullshit. Time just slipped away with no real urgency from the builder...and here we are.
The Liquidated Damages clause that usually cover these situations was never filled in on the contract (crazy, I know). As first-time signing a building contract, we trusted the Home Designer facilitating the process and Builder that all of the blank pages were usual practice. Oh, how I regret ever signing that contract.
After issuing the Builder with a Notice of Default and Notice of Dispute, we had several meeting where things seemingly got back on track (in around June where the new timeline was issued). Unfortunately it all meant nothing when the Builder told us he would write an amendment to the contract including Liquidated Damages. Little did we know he never intended to write anything. Shame on us for believing.
The one item in our favour (we thought) was payment. No progress...no payment. Unfortunately we underestimated the Builders' withholding the necessary documentation required to obtain an occupancy certificate. He says they will be released when the house is finished (when will that ever be?) and and all monies are paid. As work has (apparently) ceased on site (no trades in over a week), we can only assume this is going to take a little longer...
It's incredibly unnerving to feel so stuck: a house unfinished, not cleared by council, no where to live (we're camping at my aunt's house) and no end date.
Last week the Builder asked for another progress payment (again, no items in contract to be ticked off to show it is due) and we decided to claim our purchased items as they have now been installed....and we've purchased a LOT of items! Why? We got them cheaper than the Builder / they are to our taste / it ensured items were ready for installation when required (reducing delays). So I'm talking: timber flooring ($10K), carpet ($2.5K), bathroom vanities, taps, bath, tiles ($6K), etc, etc...around $20K we've outlaid - ready for credit.
Wouldn't you guess it? The Builder is denying these claims, sending constant and rude emails insisting we pay the total (with no credits for all flooring / bathrooms / etc) and saying "you got what you deserve"???? What?
Fuck! Now where do we go? I've contacted the Master Builder's Association (whom our contract is through) and they're writing another letter of Dispute, essentially asking him to pull his head in. I'm arranging mediation (do you think the Builder will go halves in it? LOL) and looking into tribunal.
In the mean time nothing is happening on site. I'm really upset about this. I feel unsafe and hurt. My husband is angry. We're both so tired of fighting. God, this hurts.
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