Services
We offer the following range of services that will protect you right through the building process.
Pre-Contract Documentation Review
Pre-Settlement Inspections (for Off-the-Plan Purchasers)
All inspections include:
- A comprehensive and detailed written report.
- Fair and reasonable telephone support after our report is delivered.
PRE-CONTRACT DOCUMENTATION REVIEW
Given the unprecedented boom in the residential building and construction industry over the last several years (regardless of how loud the industry association groups are crying poor and hard done by), Melbourne’s builders have a ready supply of work going through their order books. Many of them are now constructing 200, 400 and even up to 1,000 homes each per year, with the top few pushing towards constructing 2,000 a year. Either the firms themselves or the management teams that run them have been around for years and have thousands if not tens of thousands, of constructed homes under their belts, and you can rest assured that if they have ever been caught out on any contractual points in the past, their building agreements, contracts, general specifications and tender documents have all been amended going forward to ensure they never get caught out again. They have on staff or ready access to, a comprehensive panel of experts in the field of construction including Building Consultants, Surveyors, Engineers, Lawyers, Barristers and other industry specialists. So, against this depth of industry experience and knowledge do you seriously expect to have a level playing field without help? All too often we get involved with projects during the construction stage where the contracts are heavily skewed towards the builder, with no or unreasonably low penalties for late completion and also unreasonably long build times. Astronomically high percentage mark up allowances on the costs of variations and additional works, not to mention the heavy fees they charge just to consider a variation, which is in addition to its actual cost should it proceed. We continually come across homes that builders have either set too high or too low on their block, have removed sub-soil drainage and retaining walls etc. from the tender to make their homes look more affordable. Leaving the owners with the future costs of these items and the legal responsibility for their installation, performance and the affect they will have on the home’s structure. Be assured that if you have an issue with your slab, footing or foundation system and the builder can blame your landscaping, sub-soil drain installation or the like, they will, and then walk away leaving you with the cost of the rectification or a protracted and expensive VCAT case. Other builders (the list of which seems to be growing every day) boastingly claim that ‘they have formulated Alternative Solutions’ like they are clever and no longer have to comply with the deemed-to satisfy provisions of the Building Code to construct your home. Alternative Solutions are, when properly prepared, approved and listed on the Building Permit, a perfectly legal and legitimate way to build. You will however find that the majority have not been prepared by an expert judge in the specific field, have not been properly verified, have not been approved by the relevant building surveyor and are not listed on your building permit as they are required to be. Many are just put forward retrospectively by a builder when they realise something has been missed or constructed incorrectly and the terminology is only used to hide the fact that they are delivering you a home that fails to meet the minimum requirements of the Building Code. Don’t be fooled by the glossy magazine advertisements, flash TV commercials, polished display homes or the commission based salesperson who is only interested in getting you to sign on so their commission payments keep flowing in. Don’t be pressured into signing up quickly to receive a free home theatre, extra floor area, floor coverings or the like, as these have all been built into the present price anyway. Be very wary of taking tender and contract advice from the people who are personally profiting from the advice that they provide to you!! Domestic building contract/agreements can be fair to both parties but the builders usually have a huge information and knowledge advantage over the owner. There is a real disparity in the bargaining position and power of each side, the builder is concerned only with their own best interests, while the owners need to ensure that their interests are being fully looked after also. Contract negotiations and tender documentation reviews fall into two parts, first and most importantly the Initial Deposit stage and then the Contract Stage, hopefully you will be reading this before you have paid out your initial deposit. Initial Deposit Stage: You should certainly negotiate the terms of a building contract that is worth hundreds of thousands of your hard-earned dollars. Negotiating the terms of a building contract/agreement to ensure that it is fair to both parties is a normal and acceptable commercial business practice but by leaving it until you have paid out thousands and thousands of dollars to the other side, who still own the copyright to your house plans, leaves you at a distinct disadvantage. By then you could have already paid an initial deposit, a site investigation fee, a contract preparation fee, etc. and already be in for up to $ 10,000. The builders can then and will remain unfairly rigid and inflexible during the contract negotiation stage, knowing that the majority of clients will not walk away at this late stage and readily loose such a large amount of their building funds. To properly protect yourself and be in a stronger position once you get to the Contract Stage, before you sign a preliminary agreement with a builder and pay over any amount of initial deposit monies, no matter how small it may seem, you should ask and have answered in writing the following questions - 1. What is the standard building contract/agreement you use and what version/date is it? 2. Do you have any special conditions attached to your standard building contract/agreement and if so what are they? 3. Do you delete any clauses from the standard building contract/agreement and its schedules and if so, which ones? 4. Will my final building contract/agreement price be fixed and if not, under what circumstances may it be altered or varied? 5. Will my building contract/agreement, tender proposal, costings and plans all be fully completed by the time I will be required to sign my contract documentation? 6. How long before I am required to sign the completed contract documentation will all of these documents be provided to me for my review? 7. After I pay the initial deposit will I have to pay any additional amounts to get me through to the completed contract documentation stage and if so, how much will this be, and when will it be payable? 8. If at the completed contract documentation stage I decide not to proceed, what costs will I have incurred and how much of the monies I have already paid will be refunded to me or will I be up for additional charges and if so, how much will this be, and when will it be refunded or payable? 9. What will the agreed damages be for late completion of the building works? 10. Will my progress payments be payable in accordance with clause 40 (1) and (2), including the Table within it, of the Domestic Building Contracts Act 1995? 11. What is the total building period (days to construct) for the home I am proposing to build that will put in the building contract/agreement? 12. What will the agreed interest be for any late payments? 13. What percentage do you add to any additional work required for excavation, rock removal, footings, survey of land and variations? 14. If after the building contract/agreement is signed I request a variation do you charge a fee to consider it, and if so how much is it, and under what circumstances is it charged? 15. Will there be Prime Cost Items and Provisional Sum items within my building contract/agreement and if so, what are they likely to be? Beware of dealing with unethical parties that will not consider your requests or point of view. When you receive the builder’s answers you should seek the appropriate advice, which we can assist you with. If it is then decided to proceed these questions and their answers should be attached to and form part of your preliminary agreement with the builder before paying over any initial deposit monies. Pre Contract Stage: Regardless of whether or not you set up your initial deposit stage before you sign a building contract/agreement, the schedules from within it, your plans, general specifications and tender documents all need to be checked to ensure that they are equitable to you and that the builder has not removed items that will add to your own finishing and ongoing costs without you realising it. To properly review these documents you would need to fully understand the following terms and documents and what affect and cost any changes to them may add to your finishing and ongoing living expenses- · FFL · TBM · AHD · The Building Act 1993 along with all of its amendments · The Domestic Building Contract Act 1995 along with all of its amendments · The implication of the Implied Warranties of the Domestic Building Contract Act 1995 · The Building Regulation 2006 · The BCA · The Performance Requirements of the BCA · The Deem-to-Satisfy provision of the BCA · Alternative Solutions to the Deemed-to-Satisfy provisions of the BCA, their assessment methods and reporting/recording requirements to make them legal · DPC · FRL · AJ · The difference between a Class 1 building, a Class 1b building, a Class 10a building and a Class 10b building · The BCA reference documents AS/NZS 1170; AS 1273; AS/NZS 1276; AS 1288; AS 1289; AS 1397; AS 1530; AS/NZS 1530; AS 1562; AS/NZS 1562; AS 1657; AS/NZS 1664; AS 1668; AS/NZS 1680; AS 1684; AS 1720; AS 1926; AS 2047; AS 2049; AS 2050; AS 2159; AS/NZS 2179; AS/NZS 2269; AS 2327; AS/NZS 2699; AS 2870; AS/NZS 2908; AS/NZS 2918; AS/NZS 3500; AS 3600; AS 3660; AS 3700; AS 3740; AS 3786; AS 3959; AS 4055; AS 4072; AS 4100; AS/NZS 4200; AS/NZS 4234; AS 4254: AS/NZS 4256; AS 4552; AS/NZS 4600; AS/NZS 4858; AS/NZS 4859; ABCB 2006; ISO 717; ISO 8336; NASH Standard etc. · The industry best practice documents AS 2311; AS 2589; AS 3727; AS 3958 etc. Now obviously the majority of people could not do this with any degree of accuracy for a one off build, so this is where we come in. We will check your contract schedules to ensure that they are fair and equitable for you and in line with current industry practices including the build time, agreed damages, applicable percentage charges etc. That nothing has been removed or missed from within the tender documents and general specification that would normally form part of the builder’s work. After our review we will provide you with a list of items that need to be raised with your builder i.e. contract schedule items that are unfairly skewed towards the builder or incomplete; item that have been removed or left out that will incur you additional costs down the track etc. With the peace of mind that your contract schedules, tender documents and general specification have all been thoroughly and properly checked by us, you only have to worry about the layout of your plans and that the correct fixtures and finishes have been nominated in your site specific specification.
In addition to our service we recommend you get legal advice before you sign a domestic building contract/agreement if it has special terms and conditions attached to it and if you need help negotiating it with your builder.
FRAME STAGE INSPECTION
This inspection is carried out after the frame has been approved by the private Building Surveyor who was appointed by your builder. It is a more detailed inspection than the one carried out by the builders surveyor (who would normally only take 10-20 minutes and may have several hundred jobs on for your builder at any one time!!), and includes-
- The checking of the as-poured concrete slab for any exposed steel around its perimeter; any blow-out along its edges that will potentially block the cavity width; as well as for any bottom plate overhang which if not rectified will allow rotation of the walls bottom plates.
- The finish of the concrete is also checked for excessive cracking and/or dusting.
- Floor levelness is also checked across each storey (whenever clear and where possible).
- The checking of the constructed wall frames for their compliance with the Building Code, their plumbness and the correct installation of their bracing.
- The checking of the roof truss installation and bracing.
- We also systematically go through the approved engineering design to ensure that the as-built structure is compliant whenever these have been supplied to us.
PRE-PLASTER INSPECTION
This inspection is carried out just prior to the plastering of the walls and ceilings. After the plumbers, electricians, heating, cooling and other contractors are finished with the installation of their pipe work and cabling, and after the carpenters have finished straightening the walls, hanging the external doors and fitting the shower bases and baths.
This inspection will pick up the changes and modifications that have been made to the framework of your new home, since the Frame was originally inspected. This is very important because most of the above mentioned trades will either cut, check into, or drill through any framing members that they need to, to get their service in, regardless of its importance. The carpenters will plane back the edges of the studs to straighten the walls, often reducing them to below the minimum design size required. It is not uncommon for some of the diagonal bracing to be removed to allow for the installation of baths and/or other fixtures.
Items checked during this Inspection-
- The wall frames for their compliance with the Building Code. their plumb and straightness and the correct installation of their bracing.
- The window frames for correct installation.
- The guttering, fascia and eaves for their level, straightness and correct installation.
- The roofline and tile installation.
- All shower bases are checked for correct installation in accordance with their manufacture's guidelines.
- All baths are checked for proper support.
- Ducting for WC exhaust fans having been properly installed.
- Timber door sills are properly flashed.
If the brickwork has been installed at this stage it is also checked for-
- Level, plumbness, straightness and to make sure that it is in alignment.
- The proper placement of articulation joints, flashings and weepholes.
- The correct clearances between the windows and the brick sills.
- The correct bearing of the brick walls onto the concrete slab.
- The cavities are check to ensure no build up of excessive mortar.
- A simple strength scratch test is carried out on the mortar. Further testing may be recommended.
If installed, the insulation is also checked for its correct fitting along with any other 5 Star Energy compliance requirements.
PRE-HANDOVER INSPECTIONS
Most supervisors will rush you through the Handover process, preying on your eagerness to move into your new home and your ignorance of what's acceptable or not. You should remember that a supervisor goes through this process 1 or 2 times a week, while most home owners would only do it 1 or 2 times in their life, so who do you think is the more skilful at it? That's why this inspection is a must for all new home owners.
This inspection covers more than 500 aspects of your new home, including but not limited to:
Externally
- The brickwork for level, plumbness, straightness and to make sure that it is in line.
- The proper placement of articulation joints, flashings and weepholes.
- The correct clearances between the windows and their brick sills.
- The correct bearing of the brick walls onto the concrete slab.
- A simple strength scratch test is carried out on the mortar. Further testing may be recommended.
- The properly cleaning off of mortar from across the faces of the bricks.
- Chipped bricks and/or holes and other imperfections in the mortar finish.
- If your home has been constructed using other external claddings such as Hebel panels or weatherboards obviously these would be thoroughly checked with the same diligence.
- The guttering, fascia and eaves for their level, straightness and correct installation.
- Colorbond gutters, fascias and flashings for damage to their pre finished paintwork.
- The roofline and tile installation.
- All glazing for scratches and chips.
- All infills, cover boards and linings are checked for correct installation.
Internally
- All doors for correct clearances and function, as well as the door furniture for its operation.
- All windows reveals are check for bows, sagging or twists that may indicate improper fitting.
- All plaster joints for tool marks, scratches and sanding ridges.
- All ceilings for correct installation and for visible joints.
- All cornice lines for level and straightness.
- All walls and the skirting boards for their straightness.
- All external corners for their straightness and to ensure that they are in line.
- All kitchen cupboards and vanities and the bench tops for scratches and correct installation.
- All tiling & grouting for level, straightness and finish.
- All cut-outs around taps for correct sizing.
- All tile junctions and joints that should be caulk sealed.
- All painted surfaces for coverage, blemishes and paint runs. As well as the surrounding areas for over painting and paint where it shouldn't be. Nail holes are also checked for proper filling.
- All baths are checked for proper support.
- All other plumbing fixture and fittings for correct installation.
Roof Cavity
- Insulation to ensure it reaches all the way out to the side wall plates and is fitted snugly into the ceiling framing members, each other and is of the correct depth.
- The heating platform for correct installment and size along with its walkway and light fitting.
- The correct installation of the roof sarking if it is fitted.
MAINTENANCE INSPECTIONS
This inspection is carried out towards the end of, but prior to, the expiry of your Maintenance Period. While most problems can be detected during the building process, some actually need the house to be lived in before they become evident, with the heating or cooling units on, the water running, doors and windows opening and shutting and others items that may by affected by the suns drying effect on them.
This inspection covers all of the items in the Pre-Handover Inspection, except for the ones that are no longer applicable because the house has been lived in, i.e. paint finishes, scratches in the window glazing and chipped bricks to name just a few.
FIXING/PAINTSTAGE INSPECTIONS
This inspection is an in between so clients like to have it done as it expediates the Pre Handover inspection and all of the plaster and cornice lines are checked for straight and levelness, along with any plaster columns or recess that are checked for squareness.
PRE-SETTLEMENT INSPECTIONS
(When Purchasing Off-the-Plan)
This inspection covers the checking of all of the presented fixtures, fittings and finishes as detailed in our Pre-Handover Inspections. However these inspections are for properties purchases under a Sales Contract and not a Domestic Building Contract.
RE-INSPECTIONS
These can be arranged if you are not comfortable with checking through your builders rectification work yourself, or are not happy with what your builder has done in rectifying a problem. These can be arranged with your builder and yourself to work through a rectification schedule and/or procedure if required.
Should you require any other type of inspection or service, please contact us to discuss your requirements.
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