off to tribunal

I feel I should rename this blog to 'the never ending story'. Apart from the copyright issues, I really hope this does come to an end soon. Someone recently brought my attention to the fact that this should be a happy time for us...moving into the brand-new house we designed and had built. Unfortunately it's been nothing but tears (mine) and tantrums (the Builder). I can't wait to have him out of our life.

So finally all parties agreed to a meeting date for mediation but due to the Builder failing to provide the Mediator with enough information, much of the meeting was spent trying to gather feedback on the issues at hand (instead of time trying to resolve them). It got a little heated at times. I lost my cool at one point (which I'm not proud of), but in retrospect I'd be disappointed if I didn't have the opportunity at some stage to say how I really felt about the situation.

At the end of the meeting, the Builder was asked (by the Mediator) to send through more supporting documentation, while we needed to clarify his new variations (sent through an hour before the meeting). Since the meeting (3 weeks ago), the only correspondence we've received from the Builder is an email stating he will no longer dealing with the Mediator as he believes he is siding with us and bringing up unnecessary items "fueling the fire". In his email he stated that he hoped we'd be happy to try with another mediator (because this one was obviously taking him to task!). No thanks.

Now the Builder's refusing to pay the (agreed) 50% of the Mediator's bill. How ironic. The Builder still maintains he will issue certificates for occupation and fix all outstanding defects once the final (ludicrous) invoice is paid. I'm not sure how many ways we can communicate to him that we cannot get the bank to pay him until the occupation certificate is issued, which cannot be done until the house (and all it's outstanding issues) are fixed.

It feels like we're back to square one, but not quite. We've clarified some issues going through mediation, done more homework into what requires rectification, and can now walk into Tribunal feeling better prepared with actual costs and what is required to fix this house and stop hating it.

If we didn't need further motivation to keep going, I came home to this sight on Monday...

Apparently, one of the structural wall members has collapsed inside causing the wall to bow. It's not a load bearing wall and will not cause the house to collapse...it's just another thing to fix. I'll just add it to the list.

wish I could say things were different

...but I can't.

This is our 4th week with a mediator involved. A huge step in itself (getting the Builder to agree to mediation), but no meeting has been scheduled to resolve anything just yet. So what have we been doing? Feeding the mediator with plans, emails, specifications, defects outstanding, photos and timelines to give him a thorough understanding of what has gone down over the last 11 months (from our perspective).

What has the Builder done? He's issued us with a final progress claim...hooray! It only took 6 weeks of asking!!! He hasn't provided any evidence of timelines or documentation to the mediator, and I'm not sure why. Maybe he thinks if he buries his head in the sand all will go away? In this last progress claim he tried to muddy the waters by stating that we hadn't paid for any variations - even though they were noted as paid on every previous claim. He even started messing with dates and paid amounts in an effort to bulk out his final claim (increasing it by $20K!).

I'm sure the mediator is clear on what is happening (and what needs to be done). I'm not saying we're right about everything - there's a lot we could have done better or differently throughout this whole process, but I can't help to think that things aren't right...

Lucky we've been pretty good with keeping all correspondence in check. It's a really big effort to respond to all of the Builder's disheartening emails, gather evidence to dispute his claims, and pull together all the necessary info for mediation (including the obvious excuses the Builder will come up with for time blow-outs, reasons for inflating costs, etc). At the end of the day, we just want this over and done with...finally.

There's a large amount of items outstanding. The mediator has been a great sounding board in what we should accept as part of the building process, and what is sheer sloppy work. He says we shouldn't have to put up with sub-standard work, or make compromises on the house we designed and paid for. Unfortunately this process has become so long and drawn out, we've just brushed over things to have it finished...hating it all the way.

So what are we talking about? Here's an example of our 'finished' concrete patio edge.

We had planned to polish this concrete area - we even put a different coloured aggregate in the wet concrete so it would look super-flash. The concreters didn't form / finish it very well and hence we have folds of plastic, holes and cracks in the edge. Doesn't look very nice, does it? The Project Manager's answer is to run some treated pine around the edge to cover it up. Nice one, but no. The other big problem with this edge is the fact that water runs back straight into the bricks below when it rains. It's supposed to be a drip edge but the Builder has clearly failed in achieving this. Until now he's just shrugged his shoulders at the whole thing. Now we're ready to take him to task on the job he hasn't properly completed.

This is one of about nine items that really require fixing...from re-plastering the ceiling to replacing the wardrobes. It's not like these are things that effect the structural integrity of the house...but why should we pay for the fixing of items that clearly weren't built correctly in the first place?

So now we're waiting for a meeting to be set and hopefully we can get somewhere with the certificates of occupancy, finishing of items and payment upon completion...hopefully. Failing this we're off to Tribunal. All of this evidence-gathering will not be lost at least we'll be well prepared. Keep you posted.

As I'm reviewing this post for spelling mistakes, it strikes me that tonight I sound calm and collected. This hasn't been the case on most days. I've been angry, sad, wanting to sell, and even never wanting to return to the house ever again (contemplating finding somewhere to rent until this all blows over). It has been an uphill slog at every step for me and my family...and most of it so very unnecessary. On one hand, it's just a house. On the other, it's our home.

no chickens yet

So nothing has hatched...just more abusive phone calls / text messages / emails. When will this be over?

How did it all go wrong when we were so close? The afternoon that we were supposed to have handover, I went with my gut not to pay the final total and then claim later, and instead claim out of the final total, and our Project Manager blew his stack.

He threw a tantrum my 2 year old niece would be proud of..."what about showing me some appreciation for building your house" (ummm, it's your job!), "now I can't go on hoildays without the money" (not my business what you get paid - that's up to your boss), "wish I'd never been nice to you" (oh, OK, you were being nice? Sorry, I mistook that for incompetence and endless bullshit).

So it seems he has gone on holidays and now the Site Foreman is putting the heavy on me. Pleading to pay the Project Manager in full and all will be fine. The thing is, we have no Final Progress Claim invoice to pay (the Builder won't issue it despite several written requests), so are we just expected to pay a nominal amount into somebody's account and just think everything will be finished and fine?

The documentation for the Occupancy Certificate is what we really need. The money is what they really want. Our bank won't issue the final amount without an Occupancy Certificate as proof, so here we sit...stuck. The Builder is not responding to our requests for mediation, only sending demanding emails for money and (again) denying there is any contract between us. What? Why would we be paying you to build our house if there wasn't a contract between us? Bonkers!

Oh, and let's not forget that the house isn't finished yet. Just a few small jobs like installing a hot water system. We've been connected to gas for nearly 2 weeks and we still don't have a (working) hot water system due to the dodgy Project Manager trying to deny that he'd hooked up a natural gas appliance to LPG and voided the warranty. Now he's had to buy a new one (supposedly out of his pocket) and wants us to be grateful? Grateful for what? Putting our family and house at risk? For making us pay for a temporary unit? He even tried to purchase a 2nd hand unit and pass it off as new. What a dickhead.

The legal advice I sought strongly advised we write a letter with our intention to take the matter to tribunal unless all issues are rectified immediately. We also received advice to pursue the House Designer, after all, he filled in the contract (or rather, didn't fill in the contract), placated my queries about all of the empty spaces in the contract (like liquidated damages), and assured us that our house could (and would) be built on time (5 months ago). He also only recommended we build with one builder - the one we're in dispute with.

So unless the house is finished, certificates issued and a proper invoice generated, we can't go anywhere. They want the $$$ for finishing the house without doing any of this. I really hope it doesn't go to tribunal but it could be our only option. It's not like we're asking for anything out of the ordinary here - this is how the building process goes (I'm told). Who knew it would be this tough?

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...

in hot water

So after having our lease run out (without the possibility of extending), we had to move into our un-finished house. When I say "had to", we chose to move in thinking it would: a) hurry up the Builder, b) prevent us from moving twice (ughh, just the though of it!), and c) hurry up the Builder.

We weren't unjustified in thinking the timing would be OK, it was 2 weeks after the final completion date and all was promised to be finished in the lead-up. Unfortunately everything stalled, but the Project Manager actively encouraged us to move in due to the fact that we could no longer charge him rent in liquidated damages...and us being in the house meant we could do his job for him (let trades in / supervise works / clean up after them). Win-win (for him).

Faced with the prospect of the house never being completed (OK, maybe that's a little dramatic), but going on and on, it's become very unsettling...you see we won't get an occupancy certificate to officially live in the house until they have finished and we have paid in full. We're happy to pay when the job is done...but when will it be done? In the mean time, we're living in limbo, having trades arrive on random days at random times to complete partial jobs. When will this ever be over?

The Project Manager tells me he will complete all works when the building inspection report (completed this week) arrives (more stalling tactics - there's heaps to do in the mean time). I understand he wants to make sending trades out worthwhile but it's become glaringly obvious that there's a cash flow problem. And as they won't get paid until they're finished, it's all come to a grinding halt (again).

So back to the title. We're living in an incomplete house with partial services connected...we don't have any gas. We would have received the connection 2 months ago had the Builder installed the correct valve (as recommended by AGL), but he didn't, therefore we needed to reapply...and here we are, still waiting for gas. Gggrrrrr...another thing thing that makes us so angry! Anyway, without gas, we don't have hot water or a working cook top /oven.

I tell you, hot water is seriously underrated. Even with all of the house moving, we always had hot water...we made sure of it. Now we're in the hands of someone who couldn't give a stuff, so we're pulling out all stops to make it happen. As a compromise (it is winter, after all), the Project Manager arranged to have my brother's old electric hot water heater wired up. Unfortunately it had rusted out - no go. So this bright spark (I'm being sarcastic here), talked us into hooking up our hot water heater to an LPG bottle.

We questioned it..."are you sure this is OK..isn't natural gas different to LPG"?, but all was assured. The plumber (not the one that's done all of the shit work - he got fired, but his unqualified apprentice), connected it up and told us how to light it daily. Apparently it was safe, but "you don't want to run it all the time". Well, word to the wise: it's not safe. After 5 days of working, it stopped. And here's why...

Not trusting the Project Manager (why did we ever?), we got our superhero plumber who connected all of the stormwater work when we subdivided the block to come out and have a look. He was gobsmacked. He couldn't believe that someone would perform such a dodgy connection and told us we were lucky that something hadn't gone really awry. All of the insulation has burnt away and melted (see above) and the different gas / pressure has caused the pilot light to stop working (hence it no longer works).

The Project Manager's response? If it needs replacing, no problem...it's under warranty. I called the manufacturer - hooking it up to LPG voids the warranty. What an idiot. Oh well, he's the one who'll be replacing a 5 day old water heater.

The upside is that our superhero plumber saved the day by bringing over his spare electric hot water heater and hooked it up immediately. Aahhhh, hot water! No more boiling of kettles to wash up and bucket baths at night. Bliss! And the really good news? Gas will be connected on Wednesday! Hooray!!!
P.S if you ever really want to get somewhere with AGL (and bypass their 'robots' on the other end of the phone), speak very loudly on Facebook...it actually works.

how to install a wardrobe

OK, OK, so it's more like how not to install a wardrobe.

So you start with some shelves...and maybe a hanging rail or two.

Make sure the shelves are level, cut evenly and flush with the other shelves.

You'll need a frame for your doors (this will probably cut into your skirting boards along the floor which should be finished at the end).

Oh, and it's handy if the doors close properly at the top...

...and the bottom. And don't forget to finish those skirtings off! Voila! Job done.

a new day

Along with a new look, I'm looking at a new day.

The Project Manager "managing" (ha ha) our house build came over yesterday to chat. We went through the current progress payment, deductions and variations and made some real progress.

We don't ever want to see the Builder again. In fact, my opinion of him couldn't be lower. He has gone out of his way to deceive and scam money out of a fixed price contract, deliberately left vital information out of the contract, denied ever having a contract, denied having to bring the house to completion, and dragged this build out 5 months over schedule. To say we're keen to be rid of him would be an understatement.

I'm not naive enough to think that everything is fixed - in fact far from it. Nor do I underestimate that the Project Manager is just pretending to be helpful in the hope that we retract our Notice of Default. We'll just wait and see what happens over the next week or 2 and go from there.

In a few days we'll having a Building Inspector complete a defect list, then it will be up to the Project Manager to tick everything off prior to the final progress payment and handover. The Project Manager foresees 4 days of "fixing". If it's taken this long to get our house built, we conservatively guess a few more weeks...though we'd love to be surprised...it is a new day after all.