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Currently i m building with in Melbourne. They have selected…

Customer Question
Hi Pearl - Currently...

Hi Pearl - Currently i m building with Porter Davis in Melbourne. They have selected wrong color window and door frame all over the house. After inspection when i pointed out this error they send me the contract documents the one i signed and on that documents color was wrong.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

I have told them in various occasion that color was wrong but our BC was keep saying - there is something we cant change in color selection documents but we will put a note in post contract variation.

Lawyer's Assistant: Where is the house located?

In melbourne Truganina vic 3029

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I just to to know my rights before i do something irrational

Submitted: 4 months ago.Category: Australia Law
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Answered in 5 minutes by:
3/16/2018
Solicitor: Leon, Solicitor replied 4 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,702
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Solicitor: Leon, Solicitor replied 4 months ago

Good Afternoon

Do you have a copy of what you signed and is it the same as the one they have?

When did you put in the variation? Before they started building?

What does the contract say about making this type of change?

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Customer reply replied 4 months ago
Good Afternoon Leon - yes i do have a copy that i signed and its the same the one they have. because i have signed so many times.
We put the variation in our tender appointment before start building.
Customer reply replied 4 months ago
ok this is not right time to talk as i m still at work. i will think about it and will get back to you next week if thats ok.thanks
shamim
Customer reply replied 4 months ago
this is the response i got from our builder - regarding one of my email.Thank you for your email.
I acknowledge that this was requested but the change was not actioned and was never reflected on your Porter Davis Building Variation or WOS Selection Document that were sent to you to check over and sign before your file was transferred to Construction. In signing your documents you have acknowledged and accepted the items raised in the Variation and on the WOS Selection Document.I do understand this is not what you would want to hear from Porter Davis you however the order was raised and John has installed the windows as per your signed WOS document.I must also advised that as the windows have been installed as per your WOS selection document, if you withhold payment your job will be placed on hold and no works will be completed onsite.
Solicitor: Leon, Solicitor replied 4 months ago

Good Afternoon

We can talk next week.

can you also email me the contract and the letter of variation so I have them before we talk.

The email is

***@******.***

Mark it to my attention.

send me all correspondence form the date you signed the contract till now relating to the windows.

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