Building delayed - want to cancel contract?

What is FHOB?

georgesgenitals said :

What’s the payment schedule? I’d stop making payments until they sit down with you.

Luckily we haven’t made the next progress payment, we’re just worrying because the timber starting to turn into dark brown/black colour, which isn’t good.
I heard that the building certificate only valid within the range the builder applied to LDA. If it goes over the allow period and the builder forgot to apply for extention, the builder will have to pay penalty to LDA. If the builder don’t pay the penalty and you moved into your new home, you’ll have to pay this penalty cost yourself when you sells your house.

T1G3R said :

Have you got your loans sorted out? Have you paid the builder? Builders won’t build unless they have their payments to purchase materials. Alot of factors come into it but you have to be patient.

If you want to terminate your contract you really need to look through it thoroughly. Just because they give you a time frame doesn’t mean it’ll be done by then.

You also have to consider the fact that other tradesman like sparkies don’t like working when there are others on the site like carpenters?

Your home is not the only one on the builders list of things to be done as well. They are busy people you know, be patient and civil and i’m sure things can be worked out.

As mentioned above we haven’t made the next progress payment.
I guess we’ll have to wait for another 6months and see what happen.

Eyl said :

Im a FHOB too and long story short. my place was supposed to be finished 2 months ago in bonner and they have only just started the site cut a week ago. -_- . though im in no hurry the longer they take the more i save for the time being ^^.

I feel your pains, the only possitive things about all these delayed is you save money, ONLY if you’re not Renting and living with your Parents.

Im a FHOB too and long story short. my place was supposed to be finished 2 months ago in bonner and they have only just started the site cut a week ago. -_- . though im in no hurry the longer they take the more i save for the time being ^^.

Have you got your loans sorted out? Have you paid the builder? Builders won’t build unless they have their payments to purchase materials. Alot of factors come into it but you have to be patient.

If you want to terminate your contract you really need to look through it thoroughly. Just because they give you a time frame doesn’t mean it’ll be done by then.

You also have to consider the fact that other tradesman like sparkies don’t like working when there are others on the site like carpenters?

Your home is not the only one on the builders list of things to be done as well. They are busy people you know, be patient and civil and i’m sure things can be worked out.

What’s the payment schedule? I’d stop making payments until they sit down with you.

djk said :

creative_canberran said :

Regarding the warranty you mentioned, 3 months is the statutory warranty applicable to consumer products only, not for residential dwellings. These are covered by a separate statutory warranty in the ACT which covers structural work for a period of 6 years from the date the certificate of occupancy is granted and non-structural work for 2 years from the same date.

I believe he is referring to the 90 day (statutory) maintenance period on new residential properties, where the builder is required to make good any problems that arise with the property. It is notoriously hard to get a builder back to fix something after they have been paid, so I would think OP is definitely going to have trouble with his builder if it is required.

True, never heard it described as a warranty before. It also doesn’t typically cover anything that is covered by the 6yr and 2yr warranties.

Hi all, thanks you all for your comments. I find it very helpful.
As to what type of contract, our builder uses it both HIA and MBA, or at least what it said on the builder website. On the contract is said 30 weeks(subject to clauses 4, 10 and 11), which i our builder didn’t provide us with all the clause, but only partial. As I’ve mentioned before we’re FHOB and inexperience and maybe the builder take advantage of us. It is ashamed that the law seem to favor the builder.
As for finding another builder, I have no problem finding that, and another builder is willing to take over the project and complete the project.

I finally got in contact with LegalAid and they are very helpful. From here we’ll go over the contract with the lawyer and see what we can do.

what type of contract, if HIA or MBA contact them, otherwise ACT builders licencing at ACTPLA, would be interested, any delays must be in writing as they occur, do you have liquidated damages in contract ?

My solicitor once told me, as long as they apply for delay, there is not much we can do about it.

It’s only 7 months so far, my friend settled Nov 2009, and only see the bricks last week.

One true advise, if try not piss the builder, after all, all builders are evil, and those who were pissed off…don’t want to think that far.

I feel your pain, but hopefully you can get through it with your current builder – as horrible as that may be. Because, whatever pain you’re experiencing now will be nothing compared to trying to find a builder to finish a half-built house.