SA Builder refusing independent inspector at PCI

Discussion in 'Commercial Law Forum' started by msf, 9 June 2018.

  1. msf

    msf Member

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    Hi, we are building a new/first home in SA under an HIA contract. The builder has amended the contract to include: "You cannot visit the site unattended. If you wish to visit the site, a request in writing must be made 72 hours before said visit and consent must be granted by us prior. Site visit approval is at the discretion of the builder. All visitors to the site must have consent granted and be accompanied by our representative." (At the time, we accepted these terms as the builder explained it was for OH&S reasons).

    We have not previously brought a building inspector to the site and our visits have been significantly limited by the builder's representative being "too busy to accommodate" visits (sometimes for up to a fortnight).

    The builder is claiming practical completion. However, they are refusing our request to bring along our independent building inspector to the practical completion inspection. They insist that we the owners have to do the inspection alone.

    I am aware that in VIC the Domestic Contracts Building Act 1995 asserts the right of the owner (and their agents/inspector) to access the site and the builder cannot unreasonably refuse access.

    Could anyone please point me to a similar legislation in SA that protects the right of the owner to have an independent building inspector? Does builder "discretion" in contract law override rights of the land owner to a fair final inspection? Please help. Thanks in advance.
     
  2. Adam1user

    Adam1user Well-Known Member

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    hi, sorry I can not direct you to legislation, but it seems there is something fishy! take the inspector with you but don't mention to the contractor he is an inspector, just a friend of the family, and let the inspector observe and determine if there is something fishy (which the inspector can inform you after the visit, mobiles now have great cameras too), if there is nothing wrong, then you have nothing to worry about.
    Good luck.
     
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  3. msf

    msf Member

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    Thank you :)
     
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