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Is there anything I can do

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LM

Hello, I am hoping someone can help me with some advice I entered a build contract in Feb 2021 with a national franchise to build a simple two storey home. To date progress has been excruciatingly slow, for a long time I gave them the benefit of the doubt as the previous home on the section needed to be demolished and this relied on external contractors but now that the build is on them and they are continually failing to meet any deadlines and make promises of work timeline that aren’t met. A concrete slab was finally laid March this year and to date they haven’t yet managed to complete the wall framing almost 3 months later. I drive past other builds regularly and see must faster progress. The speed of the build is causing me financial and emotional stress but the project manager and franchise owner don’t care and believe the speed of the build is reasonable and have heavily blamed covid. They have taken all access to timelines off me and when I ask for updated timelines and expected handover date either my e-mail is ignored, they tell me that timelines are just for booking contractors or give vague approximations of a handover date. The whole situation has left me feeling completely powerless and often in tears. I don’t want to name and shame the business yet but I wouldn’t want anyone to sign a build contract with them and have to go through what I am. They have all the power in this situation and can take as long as they want to build the house. I understand covid has caused material/trade problems but the delays I am seeing seem completely unreasonable. Is there anything I can do? Thanks
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Carol Wallington

Try searching the company name or builders name. I have had a similar experience before Covid, it turned out that there were about a dozen people in the same situation, all willing to talk
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Chris C

Hi LM, I suppose what you can do at this stage entirely depends on exactly what it says in your Contract, about progress and completion. Which is why I have said on this blog (many times) that the first thing you need to look at is the builders proposed Contract. And personally I would never sign a Contract that does not have a completion date. As I have said to builders, think of a pessimistic date, then add 3 months if that makes you feel better. But I’m not signing a Contract that potentially could go on forever. I’d suggest the first step is to compare your Contract with the minimum requirements set out in the NZ building regulations for Contracts for work over $30K. One of those is a requirement for it to contain ‘the expected completion date of the building work’, and a dispute resolution process. If you’re using something like the MB contract form, it probably contains at least some wording like ‘proceed to carry out the Works with all reasonable diligence’, and the various reasons a builder can use to justify extensions to the completion date. Under some of these provisions the builder can be in default of the Contract, and if he does not remedy the default you may be able to terminate the Contract. Even if you cannot get access to the Site itself, or the builders programmes, your can visit outside the Site as often as possible, and keep a detailed diary of progress, takes lots of photos of progress (or lack of), and things like the weather, especially rain that may genuinely affect progress. Possibly comparison, and photos of progress, on similar work on nearby Sites would be helpful. You are looking for evidence that he’s not proceeding with due diligence. A bit subjective of course, but at some stage it probably becomes undeniable. If you’re prepared to spend money it may help to have someone like a QS to do the above, and provide independent professional advice on whether progress is reasonable. I suspect that a letter from a lawyer with building contracts experience, possibly threatening initiation of the disputes process, may get more response than an email from you. A difficult situation. But I hope that at least gives you something to do, so you feel more empowered.
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BH

I am also going thru a similar problem, but name and shame is the strategy i took . Next is going media all out. I want my builder to get out if my property. They threatened me with legal action, if they take legal action the onus is on them to prove they are on the right tract. You can approach Master Builder but of no use. What you can do is to approach fairgo or go legal way.
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