Hi All
Firstly. I Appreciate your help and the intent of this forum to help people.
I have signed up with a large builder to build our first Home.
The block we have signed up for happens to have a drainage reserve on one side and has been fully fenced and locked up by the council.
My builder had 2 points in the building contract relating to this fence.
Point 1: no provision has been for removal / rectification of the fence and the client is responsible for removing the fence for construction of the boundary wall.
Point 2: Client is responsible for fence during the entire period of construction.
When I had questioned it, the sales consultant told us that they had to have the fence removed in order to build our garage / boundary wall and that it was a construction requirement. So given that we were told, it's unavoidable and that there is no way around, we signed it and was going to speak to the council about the process. We signed it as we didn't have much time left else we could lose the land.
On speaking to the council and a building consultant we found out that it's not a construction requirement and that the builder can still build from within our lot boundary.
When we asked the builder first after speaking to council, they said it had to be removed and it's my problem after I told them that I have advise from a building consultant they agreed that it can be done without removing the fence.
Now they are saying that while they try to keep the fence clean and damage free, it is still my responsibility till end of construction as per point 2.
I don't believe that as I have no control of that process, if their Trades damage the fence I think it should be from their insurance or the builders insurance. How can I take responsibility for something that I cannot control?
I don't want to challenge them now or at least till our prestart is finished. So that we have final costs tied down.
Please help if I have any grounds to challenge this.
We signed the contract only because they said it's a construction requirement but clearly it's not a construction requirement and it's just their preference.
Thanks again for taking time .
Best regards.
Firstly. I Appreciate your help and the intent of this forum to help people.
I have signed up with a large builder to build our first Home.
The block we have signed up for happens to have a drainage reserve on one side and has been fully fenced and locked up by the council.
My builder had 2 points in the building contract relating to this fence.
Point 1: no provision has been for removal / rectification of the fence and the client is responsible for removing the fence for construction of the boundary wall.
Point 2: Client is responsible for fence during the entire period of construction.
When I had questioned it, the sales consultant told us that they had to have the fence removed in order to build our garage / boundary wall and that it was a construction requirement. So given that we were told, it's unavoidable and that there is no way around, we signed it and was going to speak to the council about the process. We signed it as we didn't have much time left else we could lose the land.
On speaking to the council and a building consultant we found out that it's not a construction requirement and that the builder can still build from within our lot boundary.
When we asked the builder first after speaking to council, they said it had to be removed and it's my problem after I told them that I have advise from a building consultant they agreed that it can be done without removing the fence.
Now they are saying that while they try to keep the fence clean and damage free, it is still my responsibility till end of construction as per point 2.
I don't believe that as I have no control of that process, if their Trades damage the fence I think it should be from their insurance or the builders insurance. How can I take responsibility for something that I cannot control?
I don't want to challenge them now or at least till our prestart is finished. So that we have final costs tied down.
Please help if I have any grounds to challenge this.
We signed the contract only because they said it's a construction requirement but clearly it's not a construction requirement and it's just their preference.
Thanks again for taking time .
Best regards.