We were aware that the Fixing stage was moving along at the same time as the Lock up stage was being completed. This meant that both of these stages were possibly going to be completed simultaneously.
Due to some of the comments from Construction Manager 'S' at our last meeting (see previous post) I was distrustful that the Fixing stage, in particular, would be complete prior to us being invoiced by Carlisle Homes. At the time, CM 'S' advised me to "just pay the invoice whether fixing is complete or not because it will get done"(To note: He also told me that the only person that could hold up hand over would be me if I complained about anything!!!). So, when we got our Fixing stage invoice one day after Lock up, I was not convinced that everything had been done according to our contract. As such, my son checked out the house that day and this is what we found:
The following items have not been completed in accordance to the contract definition of fixing stage:
· Holes in plaster/walls – laundry & master (where meter box is),
· Shelving in wardrobes, linen & pantry not present
· Bath not present
· Skirting not present in laundry
I emailed these concerns to the Team Leader 'D' at Head Office, quoting the definition of the Fixing stage completion as documented in our contract (see below).
The Construction Stages definitions are a part of the HIA contract. These are designed to protect the buyer, and ensure that builders are complying to regulations and expectations within the industry. However, even though Carlisle Homes use the HIA contract, there is also a disclaimer to this apparently (who knew??).
CONSTRUCTION STAGES (as per the Housing Industry Association) as listed in our contract:
Base Stage:
(a) in the case of a home with a timber floor, the stage when the concrete footings for the floor are poured and the base brickwork is built to floor level;
(b) in the case of a home with a timber floor with no base brickwork, the stage when the stumps, piers or columns are completed;
(c) in the case of a home with a suspended concrete slab floor, the stage when the concrete footings are poured;
(d) in the case of a home with a concrete floor, the stage when the floor is completed;
(e) in the case of a home for which the exterior walls and roof are constructed before the floor is constructed, the stage when the concrete footings are poured;
Frame Stage:
the stage when a home's frame is completed and approved by a building surveyor;
Lock up Stage:
the stage when a home's external wall cladding and roof covering is fixed, the flooring is laid and external doors and external windows are fixed (even if those doors or windows are only temporary);
Fixing Stage:
the stage when all internal cladding, architraves, skirting, doors, built-in shelves, baths, basins, troughs, sinks, cabinets and cupboards of a home are fitted and fixed in position;
Completion:
the Building Works are complete in accordance with the Contract Documents.
NOTE: This table is prescribed by Section 40 of the Domestic Building Contract Act 1995. In the case of a Domestic Building Contract that is not listed in the Table, a Builder must no demand or receive any amount or installment that is not directly related to the progress of the Building Works being carried out under the Contract.
The response to our email was surprising, as follows:
The definition of fixing stage that you are referring to on page 7 of 38 in the HIA contract is a generic definition. Please note on page 9 of 38 in the contract additional information on this stage where it states what the fixing stage excludes: ‘As defined in section 40 (1) of the Domestic Building Contracts Act 1995 including garage, roof trusses on double storey homes but excluding: garage doors, baths or spas, built in shelves to robes, pantry and linen cupboards and, where contracted, Caesarstone, marble, granite or similar benchtops, feature sliding robe doors, feature pantry doors, sinks and basins’.
So, essentially there is a loophole in the contract (surprise, surprise!) that we were unaware of. I know that some of you are saying "Didn't you read your contract?" and the answer is yes, but obviously I was unable to remember or understand everything on those 200+ pages!
Carlisle Homes pride themselves on the fact that they use a Housing Industry Association (HIA) contract, as they are highly regarded. I feel that Carlisle Homes use the fact that they use a HIA contract to promote a feeling of integrity to their customers, however, upon closer inspection and experience, their disclaimers negate that in my opinion.
Anyway, I have now sent the invoice to the bank for payment. Our contract states that if we don't comply with our contract and pay the invoice within 14 days we will be charged interest on the outstanding amount.
 |
| Kitchen - through the window as house is locked up now. |
When visiting the house today, I noticed that the cornices in the garage are also not complete - just saying!
 |
| Garage 28/3/15 - no cornices!! |
