Has the builder fulfiled 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
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