January 1999
Good Afternoon
9 steps everyone should take to enjoy plain
(building) sailing
1. How to avoid building disputes
2. What is mole mapping
9 steps you should take to enjoy plain (building)
sailing
In the last third of 1998 I was approached through the Wairarapa
Registered Master Builders Association to arbitrate a case between
a local Masterton builder and his client. Of course I can't comment
on the particulars of this case but I thought it was a great opportunity
to share the experience and knowledge I gained so that you might
avoid, or at least minimise your chances of going through this
stressful and expensive experience.
Building disputes are the third biggest reason that people either
need mediation, arbitration or end up in court. The first being
marriage break-down, and the second is neighbour disputes. I'm
not going to comment on marriage or neighbours, the reasons for
those disputes are fairly obvious (or are they?). So why, then,
do so many building projects end up in such a mess? The answer
is quite simple, really. And that is, a lack of written or recorded
information, agreement and discussion, a lack of interpretation
and finally, a lack of or break-down in communication between
parties. It's as simple as that, but it's not always easy to do.
So why is it that we don't put enough detail in writing. One of
the worst possible scenarios must be - I'm having the work done
by a friend or a cousin or another family member and nothing is
in writing, it's all left up to verbal discussion and agreement.
Mind you, I have heard of strangers being this bad. It's just
a recipe for disaster. I suppose you could be thinking to yourself
- where has all the honesty, faith, trust and goodwill gone these
days that we have to go to such written extent just to keep the
peace. I think that what you must realise is that unless there
is a clear set of written direction, standards and perceptions,
much will be left to the interpretations of the builder. If his
budgeting or pricing has been a bit on the light side or he thinks
he can cut corners or he doesn't know his job properly, things
can may be compromised.
Further to this, you can't (in most cases) just go up to a building
company to buy your new home or renovation off the shelf and then
exchange it or have it replaced because you find it faulty. With
building, you are having something manufactured from a pre-arranged
set of text and lines on paper (called the plans and specifications).
No one can actually physically see what it looks like until it's
complete, and that includes its faults and defects and the likes
and dislikes you may have for it. Therefore the more detailed
the plans and specifications, the less room there is for dispute
and misinterpretation.
One of the advantages of creating something new is the excitement
of being involved with and watching the development of your new
project right in front of you. Of course, through the construction
process many people discover that they are better able to visualise
the big picture, and therefore see things they were unable to
see before and wish to make fine tuning adjustments. And adjustments
are fine, but all extras, deletions, variations or substitutions
must be very carefully documented and signed by all parties. I
know in my business I'm very aware of having all variations recorded
and signed, sometimes the paper work becomes quite involved but
it minimises any future problem. Because there are literally thousands
of small parts that go into a new home which need to be sized,
quantified and specified not to mention a hole host of other trades
and skills, I can't emphasise enough a phrase I use and repeat
again in this letter - Proper Planning Prevents a Pretty Poor
Performance.
One of the biggest problems is that most often when people are
having extensions, renovations done or having a new home built,
we are dealing with very small firms, sometimes only one person.
And generally they are very good at what they do, ie; building
and construction - but tend to be very slack on administration
and professionalism. This is because they say they don't have
the time.
Here's my list of the 9 must-do steps you should take to achieve
the best possible dispute free result and make the experience
pleasurable. Always follow the 6 P system - Proper Planning Prevents
a Pretty Poor Performance.
-
Spend money on having a good set of plans and specification
drawn. Most people who are not in the building industry have
little or no appreciation for a good set of working plans. All
they appear to see is an organised arrangement of words, lines
and shapes, and then saying to the architect or the designer
- they are going to cost how much? I think the way you should
look at it is, if you pay for and get a really good set of plans
and specifications the money you pay should be seen as an investment
and not a cost. The more accurate and detailed the plans and
specifications are, the more cost effective the building project
will be. In my next newsletter I'll suggest the best way on
how you might go about employing a good architect or architectural
draughts person who will give you value for money by designing
in such a way as to make the building project itself more cost
effective.
-
Select a builder by asking for at least 4 or 5 of their last
clients that you could ring to find out how well they performed.
One question that will help you is, ask if they would employ
the builder again. The time spent in research could be the best
investment you could make. If you must call for more than one
tender don't make it more that three and don't judge the tenders
on the bottom figure. Tendering is a minefield so unless you
are very competent in understanding a returned tender (and without
disrespect, most people are not) don't be embarrassed about
asking for help.
-
There are two main parts to contract documentation. 1) the
construction obligations and 2) the legal obligations. As for
your construction obligations, read all of your contract documentation
(including plans and specifications) carefully so that once
you've done this you have a reasonable understanding of what
the finer points are. If you are having difficulty in understanding
some of these technical points you should seek the advice or
services from an independent (even retired) architect or builder.
Sure, it may cost you a couple hours of their time, but what
a great investment. As for the legal obligations, take your
contract documents along to you solicitor or lawyer for them
to check. Some contract documents may have clauses that may
need to be deleted (or others added) for your protection. The
contract documentation should be structured in such a way that
the obligations of both or all parties must be clearly spelt
out so that if one of the parties doesn't meet their obligations,
a course of action including penalties can be applied.
-
Employ a Registered Master Builder. They are the only builders
in the industry that offer a guarantee that covers workmanship,
materials and completion. Even if the builder goes out of business
for any reason, you are covered. The Registered Master Builders
Federation backs the guarantee scheme and they will have the
project completed by another Registered Master Builders to the
standard required on the plans and specifications.
-
All extras, deletions, variations or substitutions to the original
plans, specifications or contract documents must be very carefully
documented and signed by all parties regardless of how insignificant
the adjustment may seem. Nothing should be left to verbal agreement.
So many things are happening all at once during a contract that
you could never be expected to remember everything you say or
agree too. You can never have too much in writing.
-
If you wish to make changes, try to get the builder to price
it before you agree to start. Sometimes accurate pricing of
extras, deletions, variations and substitutions is not possible
or too time consuming during the construction event. When this
happens, ask for an estimate within 10% but allow for 20% so
that you can fund further changes or adjustments.
-
If you suspect something is not right, always make an effort
to communicate and openly discuss your concerns immediately.
The lack of communication will lead to misunderstanding and
you could digging yourself into a bigger hole.
-
If you're unsure or unhappy about a particular issue and feel
your communication attempts have been fobbed off, you should
always seek an independent opinion from someone experienced
in the field. The local building inspector could be a good person
to speak to. Having your concerns either confirmed or dismissed
before an all-out assault on the contractor could save time,
stress and money.
-
Enjoy your experience and see it as a fun and challenging experience.
Don't take a building project too lightly and don't bury your
head in the sand thinking the technical and legal issues are too
much to comprehend. You may possibly have spent years generating
hard earned cash to fund this exercise. It can be a very pleasurable,
rewarding and a financially beneficial experience if it's treated
with the respect it deserves. I'm amazed at how often I see some
people rush into a project just to get it out the way as soon
as possible. I believe that the reason for this is that they are
so nervous about their lack of knowledge and understanding in
this area that they think they may be ripped off, or they don't
wish to appear to look stupid or don't wish to admit they don't
understand, so they end up being sucked in to the cheapest price
because that's the only way they know how to compare. So unless
you wish to employ an architect or project manager to oversee
your building project, I suggest you treat your new home project
like a business exercise and make sure you're aware of what's
going on around you.
What is mole mapping
This small section has absolutely nothing to do with building but if you're
a bit like me it could be a life saver. During my youth as an
apprentice carpenter and later throughout my twenties I spent
an enormous amount of time out in the sun. That's just an occupational
hazard for carpenters and builders working on site. Back then
we didn't mind, in fact we loved it and tried to get as brown
as we could. But for me it was always a bit of a challenge to
tan the way I wanted because of fair complexion and ginger hair.
Not to mention I had a lot of freckles or moles.
During my late thirties with the awareness of high UV, melanomas
and skin cancer I began to realise that I could be a candidate
for some of these diseases because of the prolonged exposure to
sun in earlier years combined with my fair skin. 250 people die
every year from skin cancer and thousands more are affected in
some way. So I began to have regular checkups with my local GP
usually just after summer to look for anything that may look a
bit suspect. On average I had something cut out every year and
to date everything is fine. Obviously having this done can be
expensive and very uncomfortable, until finally the GP said that
I really had too many moles or freckles that might be suspect
and he didn't want to keep cutting bits out when he to wasn't
very sure of exactly what to look for himself.
He then suggested that I try this new procedure called mole mapping
which is carried out at present only in Christchurch and Auckland.
So I had it done early this year while I was passing through Auckland.
What it consists of is an hour session with a skin specialist
who checks your whole body except your genitals and then photographs
and plots by computer anything they think they would like to keep
an eye on. What they do is analyse the photograph once you've
gone and notify you if they think there is anything worth further
investigation. The process is a bit like a dental appointment
but not as painful. You have a check-up once a year and where
this is so effective is that the results are compared with what
was taken 12 months ago, to see if there are any changes in shape
or colour. The changes in shape and colour of a mole or freckle
are the two main early warning signs. If you think you may be
a candidate or are concerned about what you did in younger years,
this could be a cheap insurance policy for a healthier future.
It cost me $175.00 and you can contact the clinic by phoning 0800-molemap.
Regards
Julian Moss
Oh PS: More and more inquires and sales are from beyond the toll
free area of our office. Because of this, for your convenience I
have installed an 0800 Free-Help phone line to our office. So if
you have any questions or queries you can contact me (that's Julian
Moss) on:
0800 MOSS BROS (6677-2767)
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