Well actually, we moved the house, subdivided the block, sold the existing house, and built a new house on the vacant block. Now we've sold it and we're moving onto our next adventure.
Would I do it again? Yes! Have you seen this current real estate market?
Would I do it the same way? Hell, no! I'd be an idiot not to learn from the mistakes.
I started this blog to create a resource for anyone interested in / contemplating a similar exercise, so it'd be silly of me not to give some kind of summation on the most important things...
Top 5 things I wish I'd known before starting....
1) It will take longer than anticipated...like years longer!
2) The emotional cost will outweigh any budget blow-out.
3) Be an expert on paperwork.
Learn everything you can about any plan / contract / diagram with your property on it, as ultimately it will become your responsibility and / or problem. You need to be in the know - don't EVER leave this to a 'professional'.
4) Check your trades.
Not only their work history and references, but check their work on a daily basis. Make a diary with photos on your phone of any progress made and write down any conversations where decisions / alterations were made, then back this up with an email confirming the conversation.
5) Keep some perspective.
Crappy tradespeople do get away with it.
Courts, insurance policies and contracts are not very sympathetic to home owners.
Learn when to stop fighting...and being angry.
It's just a house.
You'll laugh about it one day, I promise.
Lastly, I had a ball working with my husband, brothers, friends and parents on the property...we couldn't have done it without their help.
One of my best days involved retrieving some rubbish out of a pipe (so glamorous!). My father and I couldn't reach far enough in to collect it all, so my clever Dad engineered some BBQ tongs to fish it out (with a rope looped through the end so we didn't lose them down the pipe too). I had the skinniest arm, so I was able to retrieve the most debris. Towards the end, the tongs started getting mucky. I asked my Dad whether the tongs were covered in mud or sewerage, to which he replied "Don't. Worry. About. It"...it's probably the best advice I've ever been given.
Friday, 1 May 2015
Tuesday, 28 April 2015
life at a different pace
The lead-up to all of the house drama being finally over was full of...well, drama.
The Deed signed between us and the builder took months, instead of weeks to complete. All the while the middle man (who doesn't like to be called a mediator), had to chase the builder constantly to keep him on track and to his end of the bargain. A serious case of deja vu, but this time we were paying someone to do it on our behalf.
We completed all of our (physical) items, while we waited for the builder to complete his list of required paperwork. This could have gone on forever, except that the looming NCAT date for the next round of hearings was fast-approaching. We applied for an extension due to our "trying to settle outside of tribunal" and were granted 2 weeks, but our second extension was knocked back due to our reasoning (if we were still trying to settle, then obviously it wasn't working, and tribunal should proceed).
We pleaded with the builder to finish up and drop his Claim. He only came back with garbage about not being able to drop the Claim due to not having a Claim... blah, blah, blah (that was almost as good as the time he claimed he didn't have a building contract with us!!!). We were now faced with having to proceed with NCAT (lawyers and all) due to the Deed not being finalised and the builder refusing to drop his Claim. After all, we couldn't drop our Claim and risk being pursued by him. We even offered that the Claim be dropped and the Deed finalised at a later date, but to no avail.
It came down to the wire on the day of Tribunal. My husband dropped everything at work, rushed into Tribunal and presented our case. Funny thing was, he (and the Arbitrator) were the only two people in the room. The builder didn't bother to show or send a representative. The Arbitrator asked my husband what we would like as an outcome and he stated he would like both Claims to be dropped. In an unusual turn of events, the Arbitrator called the builder, verified his identity and asked if he agreed to this outcome. The builder agreed, and it all ended. The end.
When my husband called me I burst into tears. You cannot imagine the relief.
We then spent the following fortnight (via the middle man) trying to get the builder to finish the final item on the Deed but the builder had washed his hands of it. No result. In the end we employed our own tradesman to organise the required inspections and resulting documentation, with a cost to us of around $500. A pretty cheap outcome, considering we no longer have anything to do with the builder, his trades, or Tribunal.
So how does the house look? Pretty awesome! We had the structual items resolved, the entire house re-plastered and re-painted, polished all of the exterior concrete surfaces, tiled the un-finished kitchen and laundry, and spent a little (well really, a lot) on beautiful blinds and cabinetry - we really wanted to do the house justice.
So what now? Onto our next adventure. The house is on the market, and in this current climate it shouldn't take long to sell. We're turning this entire experience into a positive by capitalising on the real estate boom and using the funds to trying something new. I'd even go as far as saying that if all of this hadn't happened, there wouldn't have been the catalyst to persue a big dream of mine.
Too 'peace, love and mung beans' for you??? I have to be. Otherwise this entire experience would have eaten me, my marriage and my relationships up. And thatdickhead idiot incompetent moron 'builder' isn't worth it.
The Deed signed between us and the builder took months, instead of weeks to complete. All the while the middle man (who doesn't like to be called a mediator), had to chase the builder constantly to keep him on track and to his end of the bargain. A serious case of deja vu, but this time we were paying someone to do it on our behalf.
We completed all of our (physical) items, while we waited for the builder to complete his list of required paperwork. This could have gone on forever, except that the looming NCAT date for the next round of hearings was fast-approaching. We applied for an extension due to our "trying to settle outside of tribunal" and were granted 2 weeks, but our second extension was knocked back due to our reasoning (if we were still trying to settle, then obviously it wasn't working, and tribunal should proceed).
We pleaded with the builder to finish up and drop his Claim. He only came back with garbage about not being able to drop the Claim due to not having a Claim... blah, blah, blah (that was almost as good as the time he claimed he didn't have a building contract with us!!!). We were now faced with having to proceed with NCAT (lawyers and all) due to the Deed not being finalised and the builder refusing to drop his Claim. After all, we couldn't drop our Claim and risk being pursued by him. We even offered that the Claim be dropped and the Deed finalised at a later date, but to no avail.
It came down to the wire on the day of Tribunal. My husband dropped everything at work, rushed into Tribunal and presented our case. Funny thing was, he (and the Arbitrator) were the only two people in the room. The builder didn't bother to show or send a representative. The Arbitrator asked my husband what we would like as an outcome and he stated he would like both Claims to be dropped. In an unusual turn of events, the Arbitrator called the builder, verified his identity and asked if he agreed to this outcome. The builder agreed, and it all ended. The end.
When my husband called me I burst into tears. You cannot imagine the relief.
We then spent the following fortnight (via the middle man) trying to get the builder to finish the final item on the Deed but the builder had washed his hands of it. No result. In the end we employed our own tradesman to organise the required inspections and resulting documentation, with a cost to us of around $500. A pretty cheap outcome, considering we no longer have anything to do with the builder, his trades, or Tribunal.
So how does the house look? Pretty awesome! We had the structual items resolved, the entire house re-plastered and re-painted, polished all of the exterior concrete surfaces, tiled the un-finished kitchen and laundry, and spent a little (well really, a lot) on beautiful blinds and cabinetry - we really wanted to do the house justice.
So what now? Onto our next adventure. The house is on the market, and in this current climate it shouldn't take long to sell. We're turning this entire experience into a positive by capitalising on the real estate boom and using the funds to trying something new. I'd even go as far as saying that if all of this hadn't happened, there wouldn't have been the catalyst to persue a big dream of mine.
Too 'peace, love and mung beans' for you??? I have to be. Otherwise this entire experience would have eaten me, my marriage and my relationships up. And that
Friday, 6 March 2015
Pop the cork, this thing is finally OVER!
28 months to finish building the house.
$20,000 in legal costs to pursue completion.
16 months in Tribunal.
4 months to complete the settlement deed.
1 last dash...and now it's OVER!
$20,000 in legal costs to pursue completion.
16 months in Tribunal.
4 months to complete the settlement deed.
1 last dash...and now it's OVER!
Friday, 12 December 2014
waiting for the fat lady...
No, it's not over.
My last blog sounded so hopeful: notice from NCAT that they would rule based on evidence submitted, no need to engage a lawyer, the thought that a ruling could finally put this whole mess to bed. Unfortunately, it didn't work out that way...
Later that week, were sent a notice to attend tribunal. We called NCAT to confirm, and they told us a ruling had been made and a decision was ready to be handed down. Excited to finally have resolution and hopeful for a positive outcome where we could finally allocate funds to finish and fix the house, my husband and I attended the NCAT hearing with all our fingers and toes crossed. We couldn't believe that after 12 months in Tribunal, we were finally at the end.
What happened in that hearing left us shaking our heads and (left me) crying tears of hopelessness. Apparently a second notice had been sent out by NCAT that week - but never received by either party - stating a ruling could not be determined based on evidence submitted, and both parties were to attend tribunal with their respective lawyers.
Imagine our shock as the (new) Arbitrator tore strips off us for not complying with the NCAT order. Once we managed to sort through the confusion, the Arbitrator softened and explained that our evidence was not in order, and the Builder's ongoing defence of an "invalid contract" left him without a leg to stand on. She explained that she could only determine the Claims if lawyers were to step in and defend each party - no exceptions. She also then determined that we had 3 working days to sort out representation as we were to reconvene early the following week...SHIT!
Oh, and all previous reports and evidence we spent tens of hours preparing were to be thrown out due to a conflict of interest seen by the Arbitrator with our Building Expert - also having a Claim against the Builder in Tribunal...SHIT, SHIT, SHIT!
The idea of starting from scratch was devastating. We left Tribunal in a daze and called our lawyer (lucky I'd done some research!). They agreed to take us on, we signed the contract, transferred funds, and spent that evening emailing file-after-file of documentation through to bring them up to speed. The next day I met with our lawyer to prep for our appearance in Tribunal the following week. To say this was a foreign concept is an understatement...I never dreamed I'd be in a position where I needed a lawyer. It felt like everything had spun out of control...all we could do is hang on.
The following week's Hearing was a short session where dates were set down for the Claims to be heard. The Builder didn't attend, which was lucky considering the grilling he received from his own lawyer on his crappy preparation and line of defence....I had no idea a lawyer would speak so freely about his own client! The long and short of it? Both parties get new experts in, prepare claims, exchange claims and meet back in March. March! 4 months away! It feels like it's never going to end!
We were told by our lawyer that their costs would sit at around $4-5,000 a month, plus a (new) Building Expert's report was required, costing $5,000. Add in an Engineer's Report and Quantity Surveyor Report and we were staring down the barrel of at least $30,000 in legals and experts...so we got out a loan.
Fearing we were at the tipping point of a massive financial blow-out, we tried negotiating with the Builder again to try to reach a resolution before this went too far. Unfortunately, the same argument came up of an 'invalid contract', and him refusing to resolve without payment from us. In what universe would we possibly pay him for a defective and incomplete house??? ROCK AND HARD PLACE. We had the choice of paying him for the house in its current state (an even bigger loan), or continue down the legal road with the uncertainty of the ruling and mounting legal fees....so the legal route it was.
We transferred more money to the lawyers who recommended the Experts. The (now second) Building Expert held a very different philosophy concerning NCAT than the first. He believed we should keep Claims to an absolute minimum (12 max) and focus only on the troublesome stuff. He believed that the more we had ruled in our favour, the more likely we could win some legal fees back.
This was a really foreign concept compared to the previous strategy of going for broke, and claiming everything that was wrong with the house as it was our only chance with NCAT. Judging our last 2 Hearings, we seemed to think a cleaner, more refined Claim was the way to go and set out to eliminate any small / unimportant Claims. We felt we were compromising by (effectively) accepting all that had gone wrong with the build...items missing / design altered without our consent / constant struggle with the builder and contract, but we realised we had to let all of this go, and just focus on what needed to be done to get the house on the market and move on.
In the mean time we met with an Engineer to assess the structural soundness of the house. Highly experienced in NCAT, his view was even more extreme: forget the past, focus ONLY on what absolutely has to be fixed and settle NOW - out of NCAT, before even more legals eat into any financial gain. Ouch! This slash-and-burn philosophy was starting to hurt. My husband and I still felt betrayed by this entire process, but what were we to do? Fight the fight for principle? What if the legals started to outweigh any gains in financial payout? What if we didn't get any payout? What if NCAT were to rule in the Builder's favour? This was such a gamble.
All of our family and friends shook their heads. How could we consider compromising so heavily when (they felt) the builder was so very much in the wrong?
Let me put this into a little more perspective here and explain that for 2 years we have struggled with the builder to a) build the house to plan, and b) have it rectified. Our daughter is 2 years old. This is not fair on her. Its all gone so horribly wrong and I'm ready to say goodbye to having this in our lives. So ready!!! I'm also 9 months pregnant. Has any of this made me a better Mum? No. I may show strength, but I'm also angry, frustrated and sad. This situation is a constant financial weight and ever-present burden in our lives and marriage.
I need to get to the point where I stop asking why we ever did this, and sell the house.
So we slashed and burned. Total (heavily compromised) fix-up costs sit at around $40,000. We still owe around $10,000 to the Builder as a final payment. We save the money-burning exercise of giving $30,000 to legals and experts, and put this into the house instead. The result? The Engineer has negotiated on our behalf that we receive the certificates and certifications from the Builder to obtain a full Occupancy Certificate and everyone walks away...no money exchanged.
Is it fair? No. Is it over? Maybe soon, and that counts for a lot.
My last blog sounded so hopeful: notice from NCAT that they would rule based on evidence submitted, no need to engage a lawyer, the thought that a ruling could finally put this whole mess to bed. Unfortunately, it didn't work out that way...
Later that week, were sent a notice to attend tribunal. We called NCAT to confirm, and they told us a ruling had been made and a decision was ready to be handed down. Excited to finally have resolution and hopeful for a positive outcome where we could finally allocate funds to finish and fix the house, my husband and I attended the NCAT hearing with all our fingers and toes crossed. We couldn't believe that after 12 months in Tribunal, we were finally at the end.
What happened in that hearing left us shaking our heads and (left me) crying tears of hopelessness. Apparently a second notice had been sent out by NCAT that week - but never received by either party - stating a ruling could not be determined based on evidence submitted, and both parties were to attend tribunal with their respective lawyers.
Imagine our shock as the (new) Arbitrator tore strips off us for not complying with the NCAT order. Once we managed to sort through the confusion, the Arbitrator softened and explained that our evidence was not in order, and the Builder's ongoing defence of an "invalid contract" left him without a leg to stand on. She explained that she could only determine the Claims if lawyers were to step in and defend each party - no exceptions. She also then determined that we had 3 working days to sort out representation as we were to reconvene early the following week...SHIT!
Oh, and all previous reports and evidence we spent tens of hours preparing were to be thrown out due to a conflict of interest seen by the Arbitrator with our Building Expert - also having a Claim against the Builder in Tribunal...SHIT, SHIT, SHIT!
The idea of starting from scratch was devastating. We left Tribunal in a daze and called our lawyer (lucky I'd done some research!). They agreed to take us on, we signed the contract, transferred funds, and spent that evening emailing file-after-file of documentation through to bring them up to speed. The next day I met with our lawyer to prep for our appearance in Tribunal the following week. To say this was a foreign concept is an understatement...I never dreamed I'd be in a position where I needed a lawyer. It felt like everything had spun out of control...all we could do is hang on.
The following week's Hearing was a short session where dates were set down for the Claims to be heard. The Builder didn't attend, which was lucky considering the grilling he received from his own lawyer on his crappy preparation and line of defence....I had no idea a lawyer would speak so freely about his own client! The long and short of it? Both parties get new experts in, prepare claims, exchange claims and meet back in March. March! 4 months away! It feels like it's never going to end!
We were told by our lawyer that their costs would sit at around $4-5,000 a month, plus a (new) Building Expert's report was required, costing $5,000. Add in an Engineer's Report and Quantity Surveyor Report and we were staring down the barrel of at least $30,000 in legals and experts...so we got out a loan.
Fearing we were at the tipping point of a massive financial blow-out, we tried negotiating with the Builder again to try to reach a resolution before this went too far. Unfortunately, the same argument came up of an 'invalid contract', and him refusing to resolve without payment from us. In what universe would we possibly pay him for a defective and incomplete house??? ROCK AND HARD PLACE. We had the choice of paying him for the house in its current state (an even bigger loan), or continue down the legal road with the uncertainty of the ruling and mounting legal fees....so the legal route it was.
We transferred more money to the lawyers who recommended the Experts. The (now second) Building Expert held a very different philosophy concerning NCAT than the first. He believed we should keep Claims to an absolute minimum (12 max) and focus only on the troublesome stuff. He believed that the more we had ruled in our favour, the more likely we could win some legal fees back.
This was a really foreign concept compared to the previous strategy of going for broke, and claiming everything that was wrong with the house as it was our only chance with NCAT. Judging our last 2 Hearings, we seemed to think a cleaner, more refined Claim was the way to go and set out to eliminate any small / unimportant Claims. We felt we were compromising by (effectively) accepting all that had gone wrong with the build...items missing / design altered without our consent / constant struggle with the builder and contract, but we realised we had to let all of this go, and just focus on what needed to be done to get the house on the market and move on.
In the mean time we met with an Engineer to assess the structural soundness of the house. Highly experienced in NCAT, his view was even more extreme: forget the past, focus ONLY on what absolutely has to be fixed and settle NOW - out of NCAT, before even more legals eat into any financial gain. Ouch! This slash-and-burn philosophy was starting to hurt. My husband and I still felt betrayed by this entire process, but what were we to do? Fight the fight for principle? What if the legals started to outweigh any gains in financial payout? What if we didn't get any payout? What if NCAT were to rule in the Builder's favour? This was such a gamble.
All of our family and friends shook their heads. How could we consider compromising so heavily when (they felt) the builder was so very much in the wrong?
Let me put this into a little more perspective here and explain that for 2 years we have struggled with the builder to a) build the house to plan, and b) have it rectified. Our daughter is 2 years old. This is not fair on her. Its all gone so horribly wrong and I'm ready to say goodbye to having this in our lives. So ready!!! I'm also 9 months pregnant. Has any of this made me a better Mum? No. I may show strength, but I'm also angry, frustrated and sad. This situation is a constant financial weight and ever-present burden in our lives and marriage.
I need to get to the point where I stop asking why we ever did this, and sell the house.
So we slashed and burned. Total (heavily compromised) fix-up costs sit at around $40,000. We still owe around $10,000 to the Builder as a final payment. We save the money-burning exercise of giving $30,000 to legals and experts, and put this into the house instead. The result? The Engineer has negotiated on our behalf that we receive the certificates and certifications from the Builder to obtain a full Occupancy Certificate and everyone walks away...no money exchanged.
Is it fair? No. Is it over? Maybe soon, and that counts for a lot.
Friday, 24 October 2014
I'm not counting my chickens...yet
Well, we had another Tribunal Directions Hearing - the only reference to our letter sent (trying to hurry-up the process) was an extended session and earlier date - both of which we were grateful for.
The meeting started with the same Arbitrator as the last time (a good sign), who seems to have taken on our Claim now as his case, meaning we're finally getting some sort of consistency. It felt like the entire afternoon (3.5 hours) consisted of the Arbitrator buttering the Builder up and beating us up, then buttering us up and beating the Builder up...it was hard to tell where it was all going.
We seemed to be moving through some items on the Builder's claim (6 items) until we reminded the Arbitrator of our original claim (70+ items) which is where it all ground to a halt...we weren't going to reach resolution in this (one) session.
My husband and I reiterated that there was no further evidence we could possibly submit on our Claim. We had included quotes, reports, expert's opinions, photographic evidence, timelines, diary notes...you name it, we've submitted it. We implored the Arbitrator to rule on the Claims based on the evidence submitted by both parties.
The Arbitrator asked the Builder if he was happy for Tribunal to rule based on the evidence submitted (and stop wasting ours and Tribunal's time going through each and every item in Hearings), or would he prefer to enlist a lawyer and re-list the Claim with legal representation.
The Builder deliberated and asked for extra time to decide, and received it (of course). The next 7 days were spent biting our nails hoping the Builder would ask to have the Claim ruled on and not go down the lawyer path. When the Builder notified NCAT that he had employed a lawyer (and therefore this process was going to start from scratch again with the added expense of lawyers), our hearts broke. I broke. I was absolutely devastated. When would this ever be over?
I picked myself up and started speaking with specialised building lawyers. I found a good one who heard me out and gave me some insightful advice. He recommended going through our evidence to try to find any problems / loopholes and go from there. Now we just had to find the $3,500 to pay for it.
Just before handing over the fees and all of our paperwork (and definitely out of the blue), we received notice from NCAT that the Arbitrator was going to go ahead and rule on the Claims...and soon. Amazed (and confused) by this revelation, I contacted NCAT to ask why the change of mind...after all, weren't we re-listing since the Builder had insisted on a lawyer?
It seems not. The Arbitrator has allowed legal representation but there will be no further attendances, meetings, evidence...nothing. He will rule shortly and the ruling will be final. I would like to let out a quiet "hooray" at the thought of this all being over, but nothing is final.
There's no guarantee we will be awarded the funds and certificates to fix and finish this house once and for all, in fact, it could all fall to shit and we may have to take out a loan to pay the Builder compensation for inconsistencies in the drawings - in which case we'd be back in Tribunal against the House Designer (who drew and submitted these drawings and facilitated the problematic contract between us and the Builder).
Who knows? Hopefully we will - very soon. Keep you posted.
The meeting started with the same Arbitrator as the last time (a good sign), who seems to have taken on our Claim now as his case, meaning we're finally getting some sort of consistency. It felt like the entire afternoon (3.5 hours) consisted of the Arbitrator buttering the Builder up and beating us up, then buttering us up and beating the Builder up...it was hard to tell where it was all going.
We seemed to be moving through some items on the Builder's claim (6 items) until we reminded the Arbitrator of our original claim (70+ items) which is where it all ground to a halt...we weren't going to reach resolution in this (one) session.
My husband and I reiterated that there was no further evidence we could possibly submit on our Claim. We had included quotes, reports, expert's opinions, photographic evidence, timelines, diary notes...you name it, we've submitted it. We implored the Arbitrator to rule on the Claims based on the evidence submitted by both parties.
The Arbitrator asked the Builder if he was happy for Tribunal to rule based on the evidence submitted (and stop wasting ours and Tribunal's time going through each and every item in Hearings), or would he prefer to enlist a lawyer and re-list the Claim with legal representation.
The Builder deliberated and asked for extra time to decide, and received it (of course). The next 7 days were spent biting our nails hoping the Builder would ask to have the Claim ruled on and not go down the lawyer path. When the Builder notified NCAT that he had employed a lawyer (and therefore this process was going to start from scratch again with the added expense of lawyers), our hearts broke. I broke. I was absolutely devastated. When would this ever be over?
I picked myself up and started speaking with specialised building lawyers. I found a good one who heard me out and gave me some insightful advice. He recommended going through our evidence to try to find any problems / loopholes and go from there. Now we just had to find the $3,500 to pay for it.
Just before handing over the fees and all of our paperwork (and definitely out of the blue), we received notice from NCAT that the Arbitrator was going to go ahead and rule on the Claims...and soon. Amazed (and confused) by this revelation, I contacted NCAT to ask why the change of mind...after all, weren't we re-listing since the Builder had insisted on a lawyer?
It seems not. The Arbitrator has allowed legal representation but there will be no further attendances, meetings, evidence...nothing. He will rule shortly and the ruling will be final. I would like to let out a quiet "hooray" at the thought of this all being over, but nothing is final.
There's no guarantee we will be awarded the funds and certificates to fix and finish this house once and for all, in fact, it could all fall to shit and we may have to take out a loan to pay the Builder compensation for inconsistencies in the drawings - in which case we'd be back in Tribunal against the House Designer (who drew and submitted these drawings and facilitated the problematic contract between us and the Builder).
Who knows? Hopefully we will - very soon. Keep you posted.
Monday, 11 August 2014
9 months in tribunal and counting
Today we received notice of our next Directions Hearing - in September. This makes 9 weeks between hearings - with nothing to show for the gap. At least the previous hearings have had us forming evidence to / from the other party. This time the gap was due to the Arbitrator wanting the paperwork work drawn up differently, but not having capability time to articulate his exact wishes.
Yes, I'm still angry.
My husband and I wrote a (very) carefully worded letter to NCAT (including a gantt chart to demonstrate timelines), in an effort to showcase that all evidence has been submitted by both parties - imploring them to move forward with the Claim to have it heard in a Final Hearing.
NCAT's complaint process states a 7 day response time frame. On day 10 we called to ask if they'd received our letter, to which we received a hasty email confirming receipt, and that someone was "looking into the matter". I wonder if we'll ever hear back??!!! It did act as a catalyst for today's new Directions Hearing date though - I should be grateful for this.
We're tired of this game of handball where we get bounced from one Arbitrator to another...none of which want to read the details of the Claim, or commit to a Hearing date where someone will need to make a decision. What a bloody awful process.
P.S we declined the Builder's offer, letting him know that the fucking awful job he did on the house will require lots of $$$ to fix...and we will be pursuing him to pay for the fix (or words to that effect).
Yes, I'm still angry.
My husband and I wrote a (very) carefully worded letter to NCAT (including a gantt chart to demonstrate timelines), in an effort to showcase that all evidence has been submitted by both parties - imploring them to move forward with the Claim to have it heard in a Final Hearing.
NCAT's complaint process states a 7 day response time frame. On day 10 we called to ask if they'd received our letter, to which we received a hasty email confirming receipt, and that someone was "looking into the matter". I wonder if we'll ever hear back??!!! It did act as a catalyst for today's new Directions Hearing date though - I should be grateful for this.
We're tired of this game of handball where we get bounced from one Arbitrator to another...none of which want to read the details of the Claim, or commit to a Hearing date where someone will need to make a decision. What a bloody awful process.
P.S we declined the Builder's offer, letting him know that the fucking awful job he did on the house will require lots of $$$ to fix...and we will be pursuing him to pay for the fix (or words to that effect).
Wednesday, 16 July 2014
directions hearing no. 3
**angry blog warning**
Yep, we're up to hearing number 3. It's 8 months since we lodged the Claim, and I'm now feeling supremely disappointed that this process is dragging on with no Final Hearing in sight.
Yesterday's Hearing was an utter shit fight. Both parties have had ample opportunity to gather evidence for their Claim, and a chance to respond to the other applicant's Claim. We're talking 6 months of opportunity. Yesterday's hearing was supposed to start surmising all paperwork and move towards the Final Hearing. Instead, the Arbitrator allowed the Builder to add further evidence to his Claim, and further rebuttal to ours.
This paperwork was due 10 and 6 weeks ago - that was the instruction laid down in the previous two Hearings!!! What does this mean? Many more months to wade through his bullshit until we can get back to where we were supposed to be yesterday. Why did the Arbitrator allow this? God only knows.
Arbitrators seem to be like Council inspectors...every one you meet wants to change the rulings of the previous one, and put his 'stamp' on the process. Due to the Builder's heavy accent and inability to speak up (he mumbles a lot), the last two Arbitrator's have mistaken this for the Builder not understanding and extending him extra allowances. We're so disappointed this has happened as we know full-well he does understand everything. He may be arrogant, but he's not ignorant.
This Arbitrator also wants both Claims to be amalgamated into one Claim - unbelievable! We're opposing parties. Why are we expected to work together to file one lot of paperwork???? Isn't this what claiming and counter-claiming is all about...having a separate Claim? UGGHHHHH!!! Yesterday we walked out no further ahead, in fact we walked out months behind.
When will this ever end?
This process doesn't just cost us in time off work and time to build each Claim and response, but time talking about it, time away from my family, time stressing about all the things that are still incomplete, time spent worrying over all the faulty things, and time feeling hopeless and empty. I hate this house. This was the biggest mistake EVER.
We should receive a notice in the mail soon on our next Hearing. At that Directions Hearing we'll get further instruction on paperwork due (the Arbitrator couldn't explain yesterday as he was hungry for lunch), and arrange for another Directions Hearing to hopefully get us up to where we should have been yesterday.
I've lost faith in this process. I thought NCAT was supposed to be 'for the consumer'. Instead the Builder is receiving time extensions, allowances for submitting incorrect evidence...he even got away with using a Pensioner's discount to lodge the Claim because he has a Family Tax Benefit. WTF? Meanwhile we're binding every document, filing as-per the process, meeting every deadline....for what?
I'm tired of people telling me 'it'll all work out', or 'justice will prevail'...will it? We can't be sure that it will. Apparently if you're a Builder who feigns ignorance, you're able to build a shitty-quality house, and answer to no one. You just keep muddying the water until people run out of time and patience to call you on your actions and bring you to some kind of consequence.
We received a phone call from his subcontractor - the Build Supervisor - last night. This is the first time we've heard from him since Mediation 9 months ago. Trying to play the 'good cop', and asking us where everything was up to (as if he didn't know, he was obviously calling on behalf of the Builder), he warned us the Builder was employing a lawyer to drag things out as long as possible.
He called our Claim ridiculous (whatever) and tried to dissuade us from continuing with Arbitration. He finished by trying to broker a deal where if we dropped our Claim, the Builder would drop his Claim and give us the certificates necessary to receive an Occupancy Certificate - and we all walk away. We said we'd think about it (this is a negotiation after all). We haven't.
The offer is ridiculous - what about the $36,000 worth of gyprock that needs fixing? The incomplete tiling to the entire outside area? Damage to windows and bricks? Painting and cleaning? New balustrades? The list goes on, and on. We can't afford to do this ourselves...nor should we have to. This house wasn't built to plan or code. Why should we cop the cost for their shitty workmanship and cost-cutting on standard items?
The conversation ended with a "we'll think about it and get back to you", but we won't. Until something semi-reasonable comes on the table, we just have to keep going with Arbitration, hoping some resolution comes soon.
Yep, we're up to hearing number 3. It's 8 months since we lodged the Claim, and I'm now feeling supremely disappointed that this process is dragging on with no Final Hearing in sight.
Yesterday's Hearing was an utter shit fight. Both parties have had ample opportunity to gather evidence for their Claim, and a chance to respond to the other applicant's Claim. We're talking 6 months of opportunity. Yesterday's hearing was supposed to start surmising all paperwork and move towards the Final Hearing. Instead, the Arbitrator allowed the Builder to add further evidence to his Claim, and further rebuttal to ours.
This paperwork was due 10 and 6 weeks ago - that was the instruction laid down in the previous two Hearings!!! What does this mean? Many more months to wade through his bullshit until we can get back to where we were supposed to be yesterday. Why did the Arbitrator allow this? God only knows.
Arbitrators seem to be like Council inspectors...every one you meet wants to change the rulings of the previous one, and put his 'stamp' on the process. Due to the Builder's heavy accent and inability to speak up (he mumbles a lot), the last two Arbitrator's have mistaken this for the Builder not understanding and extending him extra allowances. We're so disappointed this has happened as we know full-well he does understand everything. He may be arrogant, but he's not ignorant.
This Arbitrator also wants both Claims to be amalgamated into one Claim - unbelievable! We're opposing parties. Why are we expected to work together to file one lot of paperwork???? Isn't this what claiming and counter-claiming is all about...having a separate Claim? UGGHHHHH!!! Yesterday we walked out no further ahead, in fact we walked out months behind.
When will this ever end?
This process doesn't just cost us in time off work and time to build each Claim and response, but time talking about it, time away from my family, time stressing about all the things that are still incomplete, time spent worrying over all the faulty things, and time feeling hopeless and empty. I hate this house. This was the biggest mistake EVER.
We should receive a notice in the mail soon on our next Hearing. At that Directions Hearing we'll get further instruction on paperwork due (the Arbitrator couldn't explain yesterday as he was hungry for lunch), and arrange for another Directions Hearing to hopefully get us up to where we should have been yesterday.
I've lost faith in this process. I thought NCAT was supposed to be 'for the consumer'. Instead the Builder is receiving time extensions, allowances for submitting incorrect evidence...he even got away with using a Pensioner's discount to lodge the Claim because he has a Family Tax Benefit. WTF? Meanwhile we're binding every document, filing as-per the process, meeting every deadline....for what?
I'm tired of people telling me 'it'll all work out', or 'justice will prevail'...will it? We can't be sure that it will. Apparently if you're a Builder who feigns ignorance, you're able to build a shitty-quality house, and answer to no one. You just keep muddying the water until people run out of time and patience to call you on your actions and bring you to some kind of consequence.
We received a phone call from his subcontractor - the Build Supervisor - last night. This is the first time we've heard from him since Mediation 9 months ago. Trying to play the 'good cop', and asking us where everything was up to (as if he didn't know, he was obviously calling on behalf of the Builder), he warned us the Builder was employing a lawyer to drag things out as long as possible.
He called our Claim ridiculous (whatever) and tried to dissuade us from continuing with Arbitration. He finished by trying to broker a deal where if we dropped our Claim, the Builder would drop his Claim and give us the certificates necessary to receive an Occupancy Certificate - and we all walk away. We said we'd think about it (this is a negotiation after all). We haven't.
The offer is ridiculous - what about the $36,000 worth of gyprock that needs fixing? The incomplete tiling to the entire outside area? Damage to windows and bricks? Painting and cleaning? New balustrades? The list goes on, and on. We can't afford to do this ourselves...nor should we have to. This house wasn't built to plan or code. Why should we cop the cost for their shitty workmanship and cost-cutting on standard items?
The conversation ended with a "we'll think about it and get back to you", but we won't. Until something semi-reasonable comes on the table, we just have to keep going with Arbitration, hoping some resolution comes soon.
Tuesday, 1 April 2014
10 reasons why we're in this position...
1. Too trusting.
2. Too rushed.
3. Too believing
4. Too forgiving.
5. Too much compromising.
6. Too motivated to see it happen.
7. Too stubborn.
8. Too over it.
9. Too angry.
10. Too invested to give up.
2. Too rushed.
3. Too believing
4. Too forgiving.
5. Too much compromising.
6. Too motivated to see it happen.
7. Too stubborn.
8. Too over it.
9. Too angry.
10. Too invested to give up.
Wednesday, 26 March 2014
tribunal process
It's been a while. Truth is, I've been too sad and too busy to blog lately, but this week is different.
This week a weight was lifted off my/our shoulders and I'm happy to sit down and write about the last little while.
In mid February, 2 days before we were due to attend our new date with the New South Wales Civil Administrative Tribunal (NCAT), we received an email from the Builder stating he was lodging a claim AGAINST us.
The claim was $30K above our claim against him to fix and finish the house.
To say we were floored would be an understatement.
Not only do we hate him more for this, but it also means there's a whole lot more work in store. Not to worry, I have the fire in my belly to bring this dickhead down.
His claim against us mainly consists of discrepancies between the architects and engineer's drawings...ironic considering he's failed to use either of these drawings in much of the house build. In fact, this process has really brought to light his inability to follow drawings / specifications / building codes...right down to the slab and frame, now creating substantial cracking and shifting in the structure.
In any case, the 'correctness' of these drawings - as stated in the contract - lie with the Builder, so why is he claiming against us - the Client? What a tool. His claims are laughable (now, not at first), and I must admit that while he's not very good at building houses, he's very good at muddying the waters - something I'm having to wade through now.
After the initial surprise, we contacted our newly-appointed Building Expert who put us at ease about the process. As he predicted, NCAT amalgamated the two cases so items listed in both claims could be addressed simultaneously. Makes sense, though the process has effectively tripled in time. We should be finished by October / November this year...devastated!
So back to February...we rocked up to Tribunal with all of our paperwork in hand but none of that was really necessary as it was a 'Directions Hearing' - basically, directions on how this process will go down over the next few months.
The Arbitrator addressed our claim first, asking how long it would take us to gather all of the documents / emails / statements for all of our (70+) claims against the Builder. We needed to be able to substantiate each claim and provide a factual account of each item listed on a Scott Schedule - the template NCAT like to use. We offered 4 weeks to turn it around.
In reply, the Arbitrator asked the Builder how long he would need to respond to our claims, he requested 7 weeks. We stated this was another stalling tactic, and the Arbitrator reduced his time frame to 6 (7 weeks with Easter holidays included) - triple the time frame most respondents get. Ughh!
After this 10 week back-and-forth, we will reconvene in May and start the process again in reverse - it will be the Builder's turn to substantiate his claims, and our job to reply.
This should take us to approximately August where the Builder's nominated Building Expert will meet with our expert onsite to complete a 'conclave' where the they will nut-out the finer details before going back to NCAT with some top-line figures. Hopefully this is where we'll get a ruling around October / November.
So where are we up to now? This week we handed NCAT and the Builder our documentation surrounding our claims to fix and finish the house...all 4 folders of it. I took almost 3 weeks off work and nearly every evening to get it done. What a marathon. Should we have asked for more time? Probably. I underestimated how difficult it would be to build a case on some items as there had been so many alterations of the Builder's invoices.
For example, we're currently using version 8 of the Final Invoice, in which the overall (signed) contract price has been increased by the Builder, his costs have suddenly increased and our (documented) payments have decreased...it's a mess. Some claims I had to reference every past invoice, including the changes and our bank statements just to clarify payment. Exhausting!
Can't wait for this to be over. Can't wait to bury this guy and move on with our lives.
I never thought I'd have to fight this hard for our house to be finished. I'm amazed that we're even in this position, but we have to keep fighting - we can't roll over and let his claim crush us.
What's next? In 7 weeks we'll get his reply to our claim. Should be a bunch of random statements written in red crayon (as per his claim against us). Am looking forward to 'new' invoices with increased costs on old items. Maybe this time he'll use a calculator, or even a dictionary to define 'builder', as it seems he still doesn't understand what that terms means...he's now claiming we should have paid for Home Warranty Insurance on the house build. Unbelievable.
This week a weight was lifted off my/our shoulders and I'm happy to sit down and write about the last little while.
In mid February, 2 days before we were due to attend our new date with the New South Wales Civil Administrative Tribunal (NCAT), we received an email from the Builder stating he was lodging a claim AGAINST us.
The claim was $30K above our claim against him to fix and finish the house.
To say we were floored would be an understatement.
Not only do we hate him more for this, but it also means there's a whole lot more work in store. Not to worry, I have the fire in my belly to bring this dickhead down.
His claim against us mainly consists of discrepancies between the architects and engineer's drawings...ironic considering he's failed to use either of these drawings in much of the house build. In fact, this process has really brought to light his inability to follow drawings / specifications / building codes...right down to the slab and frame, now creating substantial cracking and shifting in the structure.
In any case, the 'correctness' of these drawings - as stated in the contract - lie with the Builder, so why is he claiming against us - the Client? What a tool. His claims are laughable (now, not at first), and I must admit that while he's not very good at building houses, he's very good at muddying the waters - something I'm having to wade through now.
After the initial surprise, we contacted our newly-appointed Building Expert who put us at ease about the process. As he predicted, NCAT amalgamated the two cases so items listed in both claims could be addressed simultaneously. Makes sense, though the process has effectively tripled in time. We should be finished by October / November this year...devastated!
So back to February...we rocked up to Tribunal with all of our paperwork in hand but none of that was really necessary as it was a 'Directions Hearing' - basically, directions on how this process will go down over the next few months.
The Arbitrator addressed our claim first, asking how long it would take us to gather all of the documents / emails / statements for all of our (70+) claims against the Builder. We needed to be able to substantiate each claim and provide a factual account of each item listed on a Scott Schedule - the template NCAT like to use. We offered 4 weeks to turn it around.
In reply, the Arbitrator asked the Builder how long he would need to respond to our claims, he requested 7 weeks. We stated this was another stalling tactic, and the Arbitrator reduced his time frame to 6 (7 weeks with Easter holidays included) - triple the time frame most respondents get. Ughh!
After this 10 week back-and-forth, we will reconvene in May and start the process again in reverse - it will be the Builder's turn to substantiate his claims, and our job to reply.
This should take us to approximately August where the Builder's nominated Building Expert will meet with our expert onsite to complete a 'conclave' where the they will nut-out the finer details before going back to NCAT with some top-line figures. Hopefully this is where we'll get a ruling around October / November.
So where are we up to now? This week we handed NCAT and the Builder our documentation surrounding our claims to fix and finish the house...all 4 folders of it. I took almost 3 weeks off work and nearly every evening to get it done. What a marathon. Should we have asked for more time? Probably. I underestimated how difficult it would be to build a case on some items as there had been so many alterations of the Builder's invoices.
For example, we're currently using version 8 of the Final Invoice, in which the overall (signed) contract price has been increased by the Builder, his costs have suddenly increased and our (documented) payments have decreased...it's a mess. Some claims I had to reference every past invoice, including the changes and our bank statements just to clarify payment. Exhausting!
Can't wait for this to be over. Can't wait to bury this guy and move on with our lives.
I never thought I'd have to fight this hard for our house to be finished. I'm amazed that we're even in this position, but we have to keep fighting - we can't roll over and let his claim crush us.
What's next? In 7 weeks we'll get his reply to our claim. Should be a bunch of random statements written in red crayon (as per his claim against us). Am looking forward to 'new' invoices with increased costs on old items. Maybe this time he'll use a calculator, or even a dictionary to define 'builder', as it seems he still doesn't understand what that terms means...he's now claiming we should have paid for Home Warranty Insurance on the house build. Unbelievable.
Wednesday, 15 January 2014
more delays
I've got to hand it to the Builder - he's really good at dragging things out - like the house build (still not finished after 12 months), mediation (what an epic fail that was), and now Tribunal.
We received notice from NCAT (formally CTTT) that he was was "not available on the allocated hearing date". Unfortunately he did not send us a copy of this notice, as required, therefore we cannot be sure if he had a legitimate reason, or is just trying to put us off in hope that we'll drop the entire case. Call me cynical, but I'm going with the latter.
My husband inquired with NCAT as to how many times the Builder can keep putting off the hearing date until it has to go ahead. The answer was "indefinitely" - as long as the judge sees the reasoning as valid. WTF?
NCAT told us the best thing to do is write an email to the judge explaining our concerns, and that this be taken into consideration should the next date be 'unsuitable' for the Builder. We received written response concerning our email, along with confirmation that it has been put on file, and a copy sent to the Builder.
Our new Tribunal date is mid February - another month of waiting. Fingers crossed it actually goes ahead.
We received notice from NCAT (formally CTTT) that he was was "not available on the allocated hearing date". Unfortunately he did not send us a copy of this notice, as required, therefore we cannot be sure if he had a legitimate reason, or is just trying to put us off in hope that we'll drop the entire case. Call me cynical, but I'm going with the latter.
My husband inquired with NCAT as to how many times the Builder can keep putting off the hearing date until it has to go ahead. The answer was "indefinitely" - as long as the judge sees the reasoning as valid. WTF?
NCAT told us the best thing to do is write an email to the judge explaining our concerns, and that this be taken into consideration should the next date be 'unsuitable' for the Builder. We received written response concerning our email, along with confirmation that it has been put on file, and a copy sent to the Builder.
Our new Tribunal date is mid February - another month of waiting. Fingers crossed it actually goes ahead.
Tuesday, 24 December 2013
how to lodge a claim with the CTTT
In the new year the CTTT (Consumer, Trade and Tenancy Tribunal) will be known as the NSW Civil and Administrative Tribunal (NCAT). I'm not sure what changes this will make to the application process from January onwards, but here's a quick guide to how we lodged the claim against our builder...
First step is to contact the Department of Fair Trading (DFT). I found these guys to be helpful, though unfortunately pretty powerless. I made a formal complaint against the builder back in June but nothing shows up against his name when you do a search on his licence (which is why we're glad Tribunal creates a black mark against his name....if only to warn other potential clients).
Let's face it, if we really wanted to rubbish his name, we'd do it on the online building forums!
Anyway, by talking to the DFT and making a complaint, it creates a formal process surrounding the problem. The DFT offer effective steps on how to resolve this process (so it hopefully doesn't even have to go to Tribunal). After exhausting these steps, the DFT sends you the referral necessary for your CTTT application.
Second step is to download the application form on the CTTT website http://www.cttt.nsw.gov.au/pdfs/Applications/Forms/Application_form_home_building.pdf Take your time and fill in the form. Remember the respondent (person you're claiming against) gets a copy of this form and all attached documentation, so keep this in the back of your mind at all times.
In question 12 'What order/s do you want', you're able to select 'work orders', 'money orders' or 'other orders'. You could select one, two or all three of these options, depending on the situation. We chose a 'money order' (due to all of the f@&$ ups in the house - we definitely DO NOT want the builder back...EVER! We'll happily source new trades ourselves), and 'other order', stating that the CTTT ruling ceases our relationship with the builder (builders warranty excluded). You could put anything in this order really. We chose to create some finality and ensure there's no more back-and-forth with this dickhead.
In question 13 'What are your reasons for requesting the above order/s' we treated it as an appendix for all of the items we were attaching to the claim: copy of the contract, inclusions list, full set of house plans and spreadsheet covering all of the outstanding items (basically our total claim laid out in an easy-to-read format).
This spreadsheet listed all payments claimed and made (to give the mediator at Tribunal a snapshot of where the financials are up to), outstanding items (what the builder STILL hasn't finished on the house), and defects (stuff wrong with the house due to the builder's shit-house work). All of these items are numbered for easy reference, a short description given, valued and tallied for a final figure. The excel spreadsheet also has a running total to make it really easy to read.
The idea is that someone can gain an overall idea of the situation by reading this document. Details will/can be explained further at Tribunal if necessary. The key focus is to make it factual with NO EMOTION. This is not the place for being cranky/upset. The clearer and more concise you are, the easier it is for a mediator, and the easier the process.
To lodge online takes (they say) 30 minutes once you've got all your documentation together (the really time-consuming aspect). We lodged it at the office in person and it only took a few minutes. Lodging it this way also means we get to choose the hearing location (handy for us...not so handy for the builder - but who cares?).
Third step is to wait for the hearing date to come in the mail and pull all of your claims and resources together (the hard bit!).
First step is to contact the Department of Fair Trading (DFT). I found these guys to be helpful, though unfortunately pretty powerless. I made a formal complaint against the builder back in June but nothing shows up against his name when you do a search on his licence (which is why we're glad Tribunal creates a black mark against his name....if only to warn other potential clients).
Let's face it, if we really wanted to rubbish his name, we'd do it on the online building forums!
Anyway, by talking to the DFT and making a complaint, it creates a formal process surrounding the problem. The DFT offer effective steps on how to resolve this process (so it hopefully doesn't even have to go to Tribunal). After exhausting these steps, the DFT sends you the referral necessary for your CTTT application.
Second step is to download the application form on the CTTT website http://www.cttt.nsw.gov.au/pdfs/Applications/Forms/Application_form_home_building.pdf Take your time and fill in the form. Remember the respondent (person you're claiming against) gets a copy of this form and all attached documentation, so keep this in the back of your mind at all times.
In question 12 'What order/s do you want', you're able to select 'work orders', 'money orders' or 'other orders'. You could select one, two or all three of these options, depending on the situation. We chose a 'money order' (due to all of the f@&$ ups in the house - we definitely DO NOT want the builder back...EVER! We'll happily source new trades ourselves), and 'other order', stating that the CTTT ruling ceases our relationship with the builder (builders warranty excluded). You could put anything in this order really. We chose to create some finality and ensure there's no more back-and-forth with this dickhead.
In question 13 'What are your reasons for requesting the above order/s' we treated it as an appendix for all of the items we were attaching to the claim: copy of the contract, inclusions list, full set of house plans and spreadsheet covering all of the outstanding items (basically our total claim laid out in an easy-to-read format).
This spreadsheet listed all payments claimed and made (to give the mediator at Tribunal a snapshot of where the financials are up to), outstanding items (what the builder STILL hasn't finished on the house), and defects (stuff wrong with the house due to the builder's shit-house work). All of these items are numbered for easy reference, a short description given, valued and tallied for a final figure. The excel spreadsheet also has a running total to make it really easy to read.
The idea is that someone can gain an overall idea of the situation by reading this document. Details will/can be explained further at Tribunal if necessary. The key focus is to make it factual with NO EMOTION. This is not the place for being cranky/upset. The clearer and more concise you are, the easier it is for a mediator, and the easier the process.
To lodge online takes (they say) 30 minutes once you've got all your documentation together (the really time-consuming aspect). We lodged it at the office in person and it only took a few minutes. Lodging it this way also means we get to choose the hearing location (handy for us...not so handy for the builder - but who cares?).
Third step is to wait for the hearing date to come in the mail and pull all of your claims and resources together (the hard bit!).
Sunday, 22 December 2013
What's my New Year's resolution? To get some resolution!
Lodging the claim to the CTTT was a LOT of work!
My next post will be on 'how to' for anyone interested. It took longer than expected but after all this time, we figured it was best to wait and get it right for a smoother process. After all, someone from the CTTT has to sit down and wade through all of this stuff...best to make it as concise and succinct as possible.
We used an excel spreadsheet to break it all down. Next step is to pull together all of the supporting documentation for each point...and for each of the Builder's claims. There's a lot more work to go, but I'm going to tackle this in the New Year and enjoy a little rest for now.
We received notice in the mail (2-3 weeks after lodging the claim) that our hearing is set for late January. Will keep you posted on how it all goes. For now, we're trying to enjoy the house, celebrate the festivities and say goodbye to (probably) the most difficult year of our lives.
My next post will be on 'how to' for anyone interested. It took longer than expected but after all this time, we figured it was best to wait and get it right for a smoother process. After all, someone from the CTTT has to sit down and wade through all of this stuff...best to make it as concise and succinct as possible.
We used an excel spreadsheet to break it all down. Next step is to pull together all of the supporting documentation for each point...and for each of the Builder's claims. There's a lot more work to go, but I'm going to tackle this in the New Year and enjoy a little rest for now.
We received notice in the mail (2-3 weeks after lodging the claim) that our hearing is set for late January. Will keep you posted on how it all goes. For now, we're trying to enjoy the house, celebrate the festivities and say goodbye to (probably) the most difficult year of our lives.
Friday, 8 November 2013
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.
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.
Monday, 14 October 2013
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.
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.
Tuesday, 17 September 2013
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?
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?
Thursday, 12 September 2013
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...
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...
Saturday, 31 August 2013
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.
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.
Tuesday, 27 August 2013
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.
Oh, and it's handy if the doors close properly at the top...
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.
Sunday, 25 August 2013
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.
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.
Friday, 23 August 2013
too bad, so sad :(
This feels like a terrible TV drama series.
So now the Builder is recognising our contract and the listed inclusions...apparently there was a "misunderstanding", the Home Design company tells me. What a dickhead.
He's keen to meet, but not with a mediator (alarm bells anyone?). He wants to discuss our claim for credits (and try to talk us into paying more, no doubt). We're obligated under the contract to meet (sometimes I'd sooner just push to tribunal as these discussions never go anywhere...just empty promises and lies). I think we're going to get a friend involved who deals with building contracts a lot. Maybe he can help retain some clarity during the meeting. I don't think we can afford a solicitor to attend at this stage.
In the mean time, a plumber showed up today for an hour. Woo hoo! That's the 2nd trade we've had onsite in 2 weeks. And this house is meant to be finished? What a joke. The list of items we've come up with is long. Unfortunately the Project Manager who works for the Builder is trying to narrow things down, claiming: it's too much work to repair / that's your fault / we can do this part at a later stage. Many items have fallen into the 'too bad, so sad' category...he's just too lazy to properly finish the job.
What's worse is the Project Manager claims he's unhappy with the Builder and has pulled out of another job with him. He says he'll never work for him again and he disagrees with what the Builder is doing to us in regards to our contract. Is he just playing the "good cop", or should I be ultra-thankful that he's staying on to complete our job? One thing we've learnt is that these guys lie...constantly. We're too tired to play their game (and obviously not very good at it), we had too much faith that what was agreed upon would be carried out. In any case, we need to keep our guard up.
The Project Manager asked us to write a final list of items to be completed so the Builder can issue the final progress payment. Hang on a minute...we have to come up with a defect list? We're handy but we're not professionals! I don't want to sign anything saying "all works completed" when we don't even know if all works have been completed. I wouldn't be a surprised if they were holding out on us, only to spring more additions on us later on. I called a private building inspector who specialises in new homes. 2 hours for $450 and a very detailed report showing every minor flaw - sounds worthwhile. At least we'll have a professional's view and some unbiased information to go on.
My main concern (and there are many!) is that if we sack our current Builder (as we are entitled to do under the Notice of Default): what else needs to be done by him??? What paperwork is he holding back on? Will this come back to bite us? I know it's not a valid reason to continue with him - he's done such a shitty job thus far. I'm just not sure if it's going to be more work to handover to another Builder and chase the old one up on paperwork? I'm only wishing we'd fired him as soon as things started going really down hill...about 8 months ago :(
So now the Builder is recognising our contract and the listed inclusions...apparently there was a "misunderstanding", the Home Design company tells me. What a dickhead.
He's keen to meet, but not with a mediator (alarm bells anyone?). He wants to discuss our claim for credits (and try to talk us into paying more, no doubt). We're obligated under the contract to meet (sometimes I'd sooner just push to tribunal as these discussions never go anywhere...just empty promises and lies). I think we're going to get a friend involved who deals with building contracts a lot. Maybe he can help retain some clarity during the meeting. I don't think we can afford a solicitor to attend at this stage.
In the mean time, a plumber showed up today for an hour. Woo hoo! That's the 2nd trade we've had onsite in 2 weeks. And this house is meant to be finished? What a joke. The list of items we've come up with is long. Unfortunately the Project Manager who works for the Builder is trying to narrow things down, claiming: it's too much work to repair / that's your fault / we can do this part at a later stage. Many items have fallen into the 'too bad, so sad' category...he's just too lazy to properly finish the job.
What's worse is the Project Manager claims he's unhappy with the Builder and has pulled out of another job with him. He says he'll never work for him again and he disagrees with what the Builder is doing to us in regards to our contract. Is he just playing the "good cop", or should I be ultra-thankful that he's staying on to complete our job? One thing we've learnt is that these guys lie...constantly. We're too tired to play their game (and obviously not very good at it), we had too much faith that what was agreed upon would be carried out. In any case, we need to keep our guard up.
The Project Manager asked us to write a final list of items to be completed so the Builder can issue the final progress payment. Hang on a minute...we have to come up with a defect list? We're handy but we're not professionals! I don't want to sign anything saying "all works completed" when we don't even know if all works have been completed. I wouldn't be a surprised if they were holding out on us, only to spring more additions on us later on. I called a private building inspector who specialises in new homes. 2 hours for $450 and a very detailed report showing every minor flaw - sounds worthwhile. At least we'll have a professional's view and some unbiased information to go on.
My main concern (and there are many!) is that if we sack our current Builder (as we are entitled to do under the Notice of Default): what else needs to be done by him??? What paperwork is he holding back on? Will this come back to bite us? I know it's not a valid reason to continue with him - he's done such a shitty job thus far. I'm just not sure if it's going to be more work to handover to another Builder and chase the old one up on paperwork? I'm only wishing we'd fired him as soon as things started going really down hill...about 8 months ago :(
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