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Builder appointed to do renovations at house. NHBRC registered

 

Customer Question

Builder appointed to do renovations at house. NHBRC registered with family member. List of work needed to be done signed by both parties, as annexure to quotation. Due to circumstances at work as well as the fact that new tenants must occupy the property where we are staying now by the end of June 2012, we have to move back to our own house. House now not yet completed and quality of work not up to standard. Due to pressure put on us to complete work, all funds originally committed to had been paid over by us in full. Where does it leave us and what recourse is available to us? We have to move but have no place to stay and who will pay for it and transport to move our belongings? PLEASE ASSIST?

 

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Province: Mpumalanga

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Submitted: 288 days and 13 hours ago.
Category: South Africa Law
Value: R 649
Status: CLOSED
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Expert:  Bert274 replied 288 days and 13 hours ago.

Dear Client

 

Thank you for using just answer.

 

I have a few questions.

 

1. Was 'n time limit placed on the construction.

2. Please explain your Fraze "NHBRC registered with family member"

 

I equerry await your reply

Customer replied 288 days and 12 hours ago.

The builder verbally agreed to complete within two months so that sufficient time will be available during June to do last minute touch up and cleaning and allow us time to move in, as we do not make use of a furniture removal company due to the cost thereof.


The builder said that he is registered together with his brother and provided the registration number at NHBRC (National Home Builder Registration Council), as it is a requirement for building and/or renovations.

Customer replied 288 days and 12 hours ago.

,The builder verbally agreed to complete within two months so that sufficient time will be available during June to do last minute touch up and cleaning and allow us time to move in, as we do not make use of a furniture removal company due to the cost thereof. 


The builder said that he is registered together with his brother and provided the registration number at NHBRC (National Home Builder Registration Council), as it is a requirement for building and/or renovations.

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Expert:  Bert274 replied 288 days and 12 hours ago.

Dear Client

 

I understand the urgency and expense you are going through. Before i have to start situations you find yourself is one of the most freuqent and difficult matters to handle.

 

The NHBRC warranty cover consumers against major and defined structural defects for a period of up to five years, listening to your facts it has more to do with the finishing of the home.

 

The princples is simple you have to mitigate your damages meaning keep the damages to the limit. The problem is that he did not furfill his contract and as a NHBRC member a written contract would have helped.

 

If the work is not up to standard then he is going to have to repair it. You need to keep a site book that discuss this problems with him and that he signs next to it of what you are unhappy about. IF he does not want to sign send him email stating your problems and the discussion of the day. The reason is that this will be used as evidence.

 

Your options is two fold.

 

If you move in. Go through the house with the builder. It is ok to move (if possible) in as the advantages of moving in seems to be more than you staying in other premises. Moving in does not say you consent. He has to come and repair the inferior workmanship.

 

You are in a difficult situation. However you the builder will be liable for not being in time. The cost of staying in other house may be claimed from him as he is effective reason and so also the cost of moving to an other house. This will have to be managed as he may leave the project early which means you will have to get someone else to finish and that cost will you have to pay before sueing him for that. If you decide on this option before you remove him take photos. Lots and lots of photos. Get an independent person before the new builder starts to ascertain the completion and the workmanship.

 

You have different recourse for each decision. I trust the answer is helpfull.

 

 

Customer replied 285 days and 16 hours ago.

On enquiry with NHBRC, I was told that they do not provide assistance on any building renovations - only newly built properties. Expected to at least have that cleared on paying a considerable fee for a legal opinion?


Since beginning of project, we have taken lots of photographs of everything. After discussions with builder, an agreement was reached and I drew up a written letter confirming this and all the defects which we wanted to have repaired and/or work still outstanding. We are moving into the one duet today whilst the builder will still have a week or two to complete the other duet to our satisfaction. We also warned him that we will take the case further on non-compliance.


Some additional work had been done, but no official quotation ever provided by the builder, even after requested on numerous occasions. I offered to pay for additional work, on provision of tax invoices of extra expenditure. A pack of documents was sent to me, including a few invoices - which was, according to me, included in his original quotation, as well as a few quotations on some material. I will refuse to pay additional funds on a quotation. Am I acting reasonable?


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Expert:  Bert274 replied 285 days and 13 hours ago.

Dear Client

 

I do not think you are acting unreasonable.

 

You as client should expect reasonable workmanship and you are paying for it. The problem i foresee is with the additional work. If no quotation was done you may have a problem coming paying time as no agreement on price was reached. I do suggest not to pay anything further until your happy. He probably not going to give you access to your home. so i do suggest play him by moving in and then discuss payment. Remember he has retention until payment.

 

 

Accepted Answer

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Expert:  Bert274 replied 285 days and 6 hours ago.

Dear Client

 

Do you have any further questions

Expert TypeAttorney
Category: South Africa Law
Pos. Feedback: 90.2 %
Accepts: 649
Answered: 6/28/2012

Experience: BProc, LLB and MBA

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