You can not be charged a variation for material or labour increases on a fixed price contract (required by lending institutions) end of.
The Home Building Contracts Act 1991 Part 2 s. 14 clearly states “A builder must not enter into a cost plus contract with an owner for the performance of home building work unless the contract is in writing and the written contract has a heading at the beginning that includes the words COST PLUS CONTRACT.”
The Building Commission (BC) of WA and the SAT would serve the Consumer and the Building Industry better by adhering to the Rule of Law and accepting times have changed. The law is no longer in the 1890’s and the building industry is no longer in the 1980’s. Technology is here to stay, get used to it!
The whole legal system is founded on the Australian Constitution. The Building Commission and the SAT are bound by this constitution. They can’t “do their own thing” just because they don’t agree with some of it. This usually arises when someone was brought up in a culture where they were sheltered from reality and can’t accept it.
The BC by law, are at liberty to determine their own policies. Policies are not law.
The SAT are not bound by evidence like a court but can make decisions on what they think is likely. This can lead to a prejudicial decision where they think their opinion is better than the evidence before them. (like a journalist not letting the facts spoil a good story) There are no actuaries employed by the SAT.
The BC’s senior inspector (who had never done the job) gave evidence that a nominated supervisor as well as the daily job supervisor should attend every site every day irrespective of what is / or is not happening in a one ton ute carrying a 4 foot level. (He knew I sometimes rode a motor bike) so the SAT decided a bike was an an inappropriate vehicle. The fact that there was no complaint from the customers and there was no faulty or unsatisfactory workmanship was beside the point. The BC alleged there was a breach of the Building Commissioner’s Code. (a breach of the Commissioner’s code is not a punishable offence which is just as well as there isn’t one) The SAT are required to give “reasons for decision”, this is the process of how facts not opinions led to their decision.
The Australian Constitution applies. You cannot be convicted of stealing if a theft has not occured, even if someone overheard someone saying something in a pub and reported it. That is gossip, not evidence.
A “Commission Only” sales person gave evidence at the SAT that he thought he overheard someone saying something about me? The SAT found this statement compelling?
Everyone on building sites for the last 15 years have accessed plans from a phone or a tablet. Most builders collaborate with their clients and subbies this way so that all the information is accessible to everyone at all times.
The BC’s senior inspector gave evidence the nominated supervisor should carry a box of hard copy plans so the SAT determined a nominated supervisor should not be reliant on technology for this information.
Clients can make a selection in a shop, a variation is OK’d and the goods are ordered. The selection is then on everyone’s phone.
Truth and Justice matter, the system must move with the times. Technology won’t go back.
The right wing Authoritarian regime where everyone is a suspect does not work in Western Democracies. The building industry works in collaboration with and harmony for their their clients.. There is no heirarchy on site, all the trades are equal and even bosses respect this. Everyone alike sees their job as achieving the best possible outcome for the customer. That way their clients will recommend them to their friends.
Australians fought two world wars for peace and democracy so let’s not live in fear of authority and discipline!
Respect is earned.
The Australian way of life. Giving it a go. Getting a fair deal. Standing by your mate. Giving it your best shot. Giving and getting the benefit of the doubt.
A fair and independant view of the system can be viewed here:
A society that supports the rule of law is not one composed of uncritical and obedient citizens; rather it is one whose citizens understand and respect just laws, are aware of their function and know how to engage with them constructively and how to challenge them as needed, within the appropriate mechanisms and institutions.
United Nations Office on Drugs and Crime
Don’t think because it’s the Government that’s it. They get it wrong too but at the expense of the tax payer.
The Building Industry is results driven, you get paid for the result of your labour irrespective of the time taken. The BC get paid a salary based on time irrespective of the result.
Working for a fixed price creates urgency in the work. The result is never compromised by this as payment is also dependent on the result.
In 50 years I have never met a subby who did a lesser job because it is cheaper and quicker to do so.
It doesn’t cost any more or take any longer to do the job right the first time.
READ ON click here