The state’s continued high level of building has meant some builders are adopting unfair and potentially illegal practices, according to the Builders’ Registration Board.
BRB Registrar Nigel Lilley said this had led to a marked increase in consumer enquiries and complaints to the board and the Building Disputes Tribunal.
“Significant numbers of consumers have complained their homes are not being completed within the timeframes agreed in contracts and that dubious variations are being claimed by some builders,” Mr Lilley said.
Mr Lilley had heard of one builder claiming a variation for a concrete pump, which was allegedly used to assist in pouring a floor slab when it should have been covered in the contract.
“Where these sorts of things occur, I would consider it to be harsh and bordering on unconscionable conduct on the part of the builder,” Mr Lilley said.
“I would strongly advise anyone affected by such behaviour to consider lodging a complaint with the BDT.
“Lump sum building contracts valued between $6,000 and $200,000 are covered by the Home Building Contracts Act, which provides a clear statement of an owner’s rights and the builder’s obligations.
“Consumers should check their contract documents carefully to ensure that any variations or price increases claimed by the builder are authorised and warranted.”
Generally, the act provides that the contract is for a fixed price and builders cannot claim further amounts based on increased costs of labour and materials.
However, the act does provide for price increases if the building work commences more than 45 days after the contract was signed, providing the delay is not the fault of the builder.
“It is the responsibility of the builder to carry out and cost proper and appropriate site investigations prior to entering into the contract,” Mr Lilley said.
“It is only in rare circumstances that a variation would be considered a legitimate extra.
“If an owner is concerned about a builder’s claim they should first look at their contract and advise the builder of their concerns and how they would like them to be resolved.”
