it's the final countdown

I've been waiting to use that post title for ages!

Yes, it's true, today is supposedly the last day of defect fix-ups and we should have our handover tomorrow.
10 months after signing the contract, 5 months over schedule and 3 months past the end date of the contract (with no contract renewed), we're finally here.

The last week has been meetings, some tradies onsite and lots of negotiation back-and-forth surrounding the final payment. We haven't spoken to the Builder since he told us via email that there was never a contract between us (ummmm, so what's this document I have here with your signature on it?). The Project Manager has been negotiating claims, ticking items off the defect list and asking us not to make a claim to the Builder for liquidated damages...yet.

The Project Manager goes on holiday this weekend (hence our house is being finished this week - finally!) and needs to wrap up the outstanding bills for trades (and some spending money for pina coladas). He's asked us to pay the final payment into his bank account (with prior permission from the Builder) so he can get paid for his work. He tells us that we should pay the full amount, then claim back the liquidated damages (8 weeks of rent) later from the builder.

So let me get this straight - you want me to pay the Builder the final bill, then ask him for money back????

I don't think so, after all, this is the guy who denied ever having a contract, then denied having an Inclusion List, then stated the house was only to be built to lock-up. Sorry, but if we don't claim now we're facing weeks / months / years of chasing that money back. No thanks.

So when I suggested to the Project Manager that he seek the money from the Builder (his colleague and associate) - after all, our agreement is with the Builder, not the Project Manager, he told me the Builder would never cough it up. So why would the Builder pay us????

I'm under no illusion that this isn't just another scam and they're in on it together. I really do appreciate the effort the Project Manager has put in over the last couple of weeks (shame he couldn't have put this kind of effort in 10 months ago), but the job was always to get the house built. End of story. Our beef is (mainly) with the Builder, but also with the Project Manager...he has really dragged this out / cut corners / made life pretty difficult this year. My husband and I feel pretty disappointed that much of our time over the last 12 months has been wrapped up in the stress of getting this house built, instead of enjoying our baby's first year...such a toll.

We still can't help but to see all the flaws of the house...the poorly-placed plumbing / crappy plaster work (that will be fixed by us) / endless cleaning-up after trades (ever tried to get silicon out of brand new carpet?). I know one day we'll show someone through the house and not feel compelled to point out all of the mistakes, we're just not there yet. My (poor tired) husband has so much more remedial painting to do after the carpenter fixed up lots of items this week (like wardrobes and shelving). I'm still getting stuck into all the window / tile / floor cleaning as I took this as a rebate (I had a little time up my sleeve this week and have very little faith in the quality of trades considering what has been done in the past...cynical, I know).

In fact, I've been off work for the last 3 weeks to see this house through to completion...letting trades in and out, checking quality of works, maintaining lists of outstanding items, negotiating with the Project Manager...ughhh! I can't wait for this to be over! Maybe tomorrow? Maybe I shouldn't count my chickens either...