Any electricians / builder's here?

[Wrexter]

Hi all,

Hoping someone here can assist as getting no help from Western Power.

We Signed Contract with Builder in Feb 2016, the Build is now Complete & Final Invoice issued for payment


The builder has requested $2500 for a variation, as they had to install a DMM (Distribution Master Meter) between the house & the power dome as the distance is more than the allowable 30m.

The variation is dated April 2016 but they never sent it to me and i never signed and they went ahead with it.

They claim this DMM requirement is a new requirement that was made legislation after we signed contract in Feb 2016 (the document it is stated in is dated Dec 2015 - see here clause 11.5)

https://www.westernpower.com.au/media/1482/wa-distribution-connections-manual.pdf


My argument is that they should of been aware of this cost when we signed a 'LUMP SUM' contract and also the line item in the contract for electrical connection was not 'PROVISIONAL' and as such i shouldn't be liable for this expense.

Anyone aware of this regulation and when it was made regulation. Should my builder of been aware of this when we signed Contracts?


Cheers

[Dom]

I had something similar where the builder proceeded with works without my consent, after a trip to the building commission we split the difference. In the meeting the commission were more interested with coming to a resolution to suit both parties as the work was required.

I would argue if i was you, have you called the building commission? It may come down to when the plans were sent tp WP??

[dmanvan]

Pretty sure they can't go ahead with a variation (even if it is needed) without your consent and signing. Having worked with similar before they def would have known about the regs which is why their stated is only 30m so they can hit client up for the difference. If it wasnt, then you (client ) could argue that it is part of their contracted works. Their will always be something that they can argue is outside of scope of contract hence variation.

although if it is the case they have acted on an unsigned variation this is a big no-no and I would say this could be your get out of poo card if that was pointed out to a third party ie building commission.

[Barrett]

Hi all,

Hoping someone here can assist as getting no help from Western Power.

We Signed Contract with Builder in Feb 2016, the Build is now Complete & Final Invoice issued for payment


The builder has requested $2500 for a variation, as they had to install a DMM (Distribution Master Meter) between the house & the power dome as the distance is more than the allowable 30m.

The variation is dated April 2016 but they never sent it to me and i never signed and they went ahead with it.

They claim this DMM requirement is a new requirement that was made legislation after we signed contract in Feb 2016 (the document it is stated in is dated Dec 2015 - see here clause 11.5)

https://www.westernpower.com.au/media/1482/wa-distribution-connections-manual.pdf


My argument is that they should of been aware of this cost when we signed a 'LUMP SUM' contract and also the line item in the contract for electrical connection was not 'PROVISIONAL' and as such i shouldn't be liable for this expense.

Anyone aware of this regulation and when it was made regulation. Should my builder of been aware of this when we signed Contracts?


Cheers

Being a electrician and having worked in the industry for a few years now i know for a fact that the 30M Rule came into play july 30th 2015 but Western Power didn't start inforcing the rule to us(being me the electrical contractor) till the 1st November
therefore YES the Builder would have known about the Regulation on this,but the Contractor Admin in the office would have missed it when putting your Lump Sum Contract together and they will be out of pocket.

Now working in the Building industry and having to deal with this sort of thing all the time. You as a builder cannot go ahead with a variation and expect the client to pay, especially after the work has been completed.
the client(being yourself) need to know the complete cost of any works that will be taking place onsite and can also require to get another cost for the completion of works.

[Wrexter]

Thanks guys, much appreciated.

Working in the engineering industry, well aware that you don't go back to a client on a lump sum contract and ask for a variation at the end of a job.

[strubaru]

variations need to be approved and signed off by the client prior to the works taking place

[dmanvan]

variations need to be approved and signed off by the client AS the works ARE taking place

edited for real world accuracy,,,,,, lol...:D

[Dom]

any complaints must be lodged to the building commission within 10 working days otherwise you accept the variation.