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VIC Has Builder Fulfilled Building Contract Requirements?

Discussion in 'Australian Consumer Law Forum' started by Smiley, 11 May 2015.

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  1. Smiley

    Smiley Well-Known Member

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    Has the builder fulfilled his contactual obligations?

    1. I signed a building contract last year to build a new home. Included as part of the contract was the installation of a kitchen exhaust fan.

    2. A few weeks after signing the contract, I raised a few items, one of which requested the kitchen exhaust fan to vent directly into the roof cavity or externally via the roof.

    3. The builder raised a variation of contract for the other items. Venting the exhaust into the roof was not on the variation of contract as the builder advised he would do this at no charge because we upgraded various products. All this is in writing via email.

    4. Upon completion of the property, the builder did not vent the exhaust into the roof. Rather, the exhaust "recirculates" (sucks up ktichen smoke and recirculates it into another part of the home). We do not want this option.

    5. The builder states it was incorrect to initially advise they would organise the kitchen exhaust to be vented into the roof.

    6. The builder states it is not stated in the contract to vent into roof, only to install a kitchen exhaust. As such, he is not required to now change and vent the exhaust into the roof.

    7. I advised the only reason venting the exhaust into the roof is not on the variation of contract is because the builder advised he would already do this.

    Regards,
    Smile
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi Smiley,

    The builder agreed to make the alteration at no extra cost to you. You have this in writing. This could constitute a contract. As such, you may be entitled to compensation or the builder keeping his promise.

    Have you contacted the Victorian Building Authority or Consumer Affairs Victoria? Perhaps they could provide some information and guidance for resolving your problem.
     
  3. Smiley

    Smiley Well-Known Member

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    Hi Sarah,

    Thanks.

    I contacted VCAT / CAV who put me though to the VBA. After some very helpful hints from them, I formulated a formal complaint.

    The builder advised he will now organise the kitchen exhausts to vent into the roof.

    Regards,
     
  4. Sarah J

    Sarah J Well-Known Member

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    Hi Smiley,

    I'm glad that your chat with CAV/VBA was helpful and happy to hear the builder will resolve the issue. Thanks for updating us and enjoy your new home!
     

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