Unfair Contracts

Did you know that there is legislation in Australia that protects you from unfair contracts?

Fair Contracts

The two most common house building contracts are:

  • The HIA Standard Contract.
  • The Master Builders Association Standard Contract.

Both these contracts are considered to be fair, and over the years many of the clauses will have been tested in Court.

Some people say both ‘Standard Contracts’ protect the builder too much; but I have managed construction contracts for much of my working life and feel they are both reasonable to Builder and Client.

Changes, or Additions to a ‘Standard Contract’

Any changes to a standard contract have the potential to be unfair; however the Builder has a duty to identify any changes to a ‘Standard Contract’.

One of the first things you should check before signing your build contract is whether there has been any changes to the ‘Standard Contract’ and if you are happy with the changes.

You can usually buy a copy of your State’s version of a blank ‘Standard Contract’ for less than $20 dollars to compare your contract against.

What makes a Contract Unfair

A contract term is unfair if:

  • It would cause a significant imbalance in the parties’ rights and obligations arising under the contract; and
  • It is not reasonably necessary to protect the legitimate interests of the party who would be advantaged by the term; and
  • It would cause detriment (whether financial or otherwise) to a party if it were to be applied or relied on.

Examples of unfair conditions would be:

  • The builder unreasonably making it difficult to have an independent inspector visit the site and/or charging a fee to accommodate independent inspections.
  • Giving the builder the final right to determine the quality of their work.
  • Allowing the builder to make variations without getting client approval.

What happens when a Contract is Unfair

If you have signed a contract not realising is was unfair all is not lost.

The first step is to Contact the Australian Competition and Consumer Commission.

A finding that a contract term is unfair, and therefore void, means that the term is treated as if it never existed.

However the original contract will continue to bind the affected parties to the extent that the contract is capable of operating without the unfair term.For more information click on the ACCC link above.

The House With A Hole

Not only is this house elevated but part of the house has a void running through it!

It’s another of those unusual Japanese houses, this time in Hiroshima.

Can’t say I like it as corridors aren’t my favourite space and it just seems to be one big corridor.

All those windows without any shading makes me think that it would be baking hot in summer and freezing cold in winter.

Found the picture on :   humble-homes.com, where you will find more photo and information.

 

For more Fails and unusual houses go to What the………….?

Fast is Slow!

When doing a DIY project for your new home, or even building your own house, you will often be doing a task you are not practised at.

At times like this I use a mantra “Fast is Slow, Careful is Fast.”

The faster you go the more mistakes you make

The more mistakes you make the longer it will take. . . and the more expensive materials will be wasted.

Plan the job.

Make sure you have got all the materials and tools you need.

Allow yourself more time than you think you will need.

Measure twice, cut once.

Be careful

Try not to make mistakes.

Don’t take risks! (Injure yourself and you could add weeks to the time)

Concentrate your thoughts on the job in front of you.

Don’t get distracted by the next job.

Keep your site tidy.

Put your tools down so you don’t have to search next time you need them.i

Make sure each part of the job is finished before you start something else.

 

Inspired by US Navy Seals – Close Combat Training:
“Fast is slow. Smooth is fast. Watch your fields of fire, pick your targets, aim center mass, squeeze the trigger. The faster you go, the more mistakes you make. The more mistakes you make the deeper in the s**t you will be. Be smooth. Try not to make mistakes. Be one with the battle yet transcend it. Float above the action, survey the scene, target immediate threats, and dispatch them with ruthless efficiency!”

Forever House, or For Now House?

One of the phrases I frequently hear is this is our “Forever House”, but how realistic is this?

We have been married for 38 years. . . and the longest we have lived in any house is 10 years. (and I was working away from home for the last two years)

During the 1950’s and 60’s it was expected that once you started work you would probably work for the same company for all your working life, so there was no need to move.

In the 24 years that we have been in Australia I have had 9 jobs, with a change of job meaning some new work locations were over 150km from the previous job.

This means I firmly believe that its worth considering the “For Now House”:

Starting Off

Something small will help you get a start in property ownership.

When you are a couple, or even with toddlers, you don’t need lots of bedrooms and lounges, retreats etc.

It can be better to have a smaller mortgage and the smaller heating and cooling bills that a smaller house brings.

The lower financial burden means you will be able to spend more time with the pre-school children, rather than both working long hours.

The Middle Years

As children get older a larger house can have benefits with space to separate noisy areas from quiet areas.

It can be a mistake to go too big with the house though as you don’t want to be isolated from them.

I would be very careful about making the bedrooms too big as I would rather know what the children are doing, than have them shut away in their room.

Another issue with going to big is that the home becomes too comfortable for your grown up kids.

Empty Nesters

For 6 years we lived with just the dogs in a 200sq m home.

We were living in less than half the area and travelling for almost an hour to get to work!

Downsizing to a 80sq m place closer to work has been great for us. . . so we wouldn’t want to go back to a big house again.

Creating a Traditional Timber Frame Home Plan

Guest post by Tyler Linden

Traditional timber frame home plans can be a wonderful way to build while being environmentally conscious, because they’re efficient, long-lasting, and strong.

Many timber frame houses standing today in Europe date back to the 12th century, and some date back to the 17th century in North America.

This is a testament to the longevity of timber frame homes and their solidity throughout the ages – what this really does, is help reduce waste throughout time.

However, even a solid timber frame left neglected and exposed to the elements over centuries can start to deteriorate.

If you find a century-old timber frame home (or even an old barn) here is how to restore it to make a new home.

First, you need to assess if you have a structural problem or a superficial one.

If the structure is a little rotten or if the bones of your home have been shredded by termites, you’ll need a timber frame home plan, whether it’s a full or partial, to help you renovate or build a new, while being respectful of the environment.

Superficial Damage

If the problems with your home are largely superficial—for instance, if the siding is ripped up or the doors are eaten through—than your solution is fairly simple.

Peel off the layers of the house to get it down to the bones.

Then salvage the wood that you can, replace the wood that you can’t, and reconstruct the parts that are damaged with new, clean wood and siding.

Structural Damage

If your problems are structural—if, for instance, your house has been eaten through by termites—then your solution will need to be more complex.

First, identify any wood that can be salvaged, because you’ll be reducing your construction-based foot print.

New structural timber frame pieces are expensive for two reasons.

  • First, they are large: a small structural piece is 150mm by 150mm, while larger timbers can be 300mm x 400mm with lengths of up to 9m.
  • Second, timber frame homes aren’t kept together by nails. They are put together using wooden joinery crafted to exacting standards by skilled craftsman.

When deciding what to keep and what to discard, it is recommended that you first hire a qualified firm or engineer to assess what can be repaired or what needs replacing.

Although it’s better to err on the side of caution, you don’t necessarily have to scrap every piece of wood that has damage.

Structural epoxy can sometimes be used to rebuild pockets of rotten wood in the timber, as long as these pockets aren’t too large. . . . they should be, at a maximum, as large as a softball.

You can also use steel straps to strengthen joins, rather than ordering a new piece of wood. , , ,not ideal, but can be an option.

When it comes to replacing the timber, you need a qualified supplier.

Many companies can replace damaged timber in old homes by using new structural-graded timbers that are shaped and distressed to match the timeless look of the timbers in the rest of house.

Carefully Plan Your Method Of Attack.

One element that’s overlooked when beginning a project like this is the importance of having a well-organized site.

Mark out a large, flat site next to your house to work.

If there’s not one, you may even consider clearing one in order to be more efficient.

Number every piece of wood, so your pieces don’t get confused with others. . . Timber frame homes make this easy, because even in the 19th century they tended to be built along similar lines; so you can easily mark, for instance, all the right front corner posts.

Numbering every piece will make your life a lot easier when it comes time to replace damaged wood with new pieces.

Before you start removing timbers it’s important to make the building stable.

Your house is already damaged, and you’ll be ripping out siding and even structural pieces, so you need to take precautions to ensure that the entire thing doesn’t collapse on top of you.

Cribbing is an excellent idea, but as with everything else, you need to have an organized timber frame house plan.

You need to lay out a plan pre-emptively for your cribbing so that it supports the areas that need support, without impeding your ability to maneuver.

Building a stack of cribbing right in front of the chimney that needs to be ripped out, for instance, may not be the best idea.

Finally, you’ll need to deconstruct the structure, ripping off the old and worn wood to replace it.

What that involves will depend on the scope of your problem.

Preserving Your Timber Frame Home

The last step is to strengthen the wood so that weathering is less damaging in the future.

SANSIN water-based sealers, for instance, are an environmentally friendly option that can toughen the outside of the wood.

Textured finishes can also strengthen the wood while giving your timber frame home a rustic appearance.

Finally

A timber frame house plan isn’t easy, but it can be much better than losing your treasured 17th or 18th century timber home to damage.

If you decide to tackle this project yourself, these tips should get you started.

If you’d like to hire someone to help, there are many excellent firms out there that have plans that are adaptable to any type of needed renovations.

Regardless of whether you hire help or renovate your house yourself, you’ll end up with a structure that’s beautiful, historic, pays tribute to the environment, and as strong as anything built today.

Tyler Linden is a blogger for Hamill Creek. He has a background of structural engineering and he loves to spend most of his time playing in the great outdoors. You can find him on Google+ and on Twitter.

New Property Investment Blog

Guest Post from Russ Egan of www.russegan.com.au

Learn from My Mistakes

I purchased my first property when I was 24 years old. I did huge amounts of DIY renovations and was able to increase the value of that property by 17%.

This enabled me to purchase my second property at 25 years old. This property made absolutely zero in terms of market growth but did teach me a lot about property economics.

I scrimped and saved and purchased my third property at 26 years old, leading the way to a successful real estate portfolio.

Along this path I made a lot of mistakes – all of which taught me very important lessons.

Hopefully I will be able to share two of these mistakes with you so that you can avoid them all completely.

Hiring Tradesmen

As a practical kind of person I decided for my first renovation that I wanted to do everything myself.

After spending all of my free evenings and weekends on gardening, paving, cleaning, and demolition I finally arrived at painting.

It took me two days of sanding, preparation, cutting in, rolling, and waiting to dry just to paint the master bedroom.

After that I went after the professionals and hired a painter – who completed the rest of the house in half the time, and at a much better quality.

The most valuable lesson out of this experience was the different in quality between an enthusiastic DIY’er and a professional tradesman.

Yes, it can be much cheaper to complete the job yourself but at the end of the renovation if there is a distinct lack of quality then the outcome in terms of market value and profit may be at risk.

Investigate The Whole Market Not Just The Property

When looking to purchase my second property I did not do sufficient investigation into the market.

I saw the yearly growth values looked good and checked locally for shops, schools, etc.

I also wanted the property to be close enough that I could conduct any repairs or renovations myself if required, which significantly limited my options.

Unfortunately for me there has been an enormous amount of construction of new developments nearby.

I figured that these were far enough away that they wouldn’t have a significant impact on my new investment, but I was very wrong.

The impact on values of supply and demand cannot be ignored, and a lot more investigation and analysis should be conducted if you want to be successful as an investor.

Real estate is a great investment tool and it is remarkable fun as well, but it can be very complicated with a lot to learn. Thankfully there is a lot of information available to help you avoid making the same mistakes that others have already made.

 

Russ Egan is an enthusiastic property investor. Born in country Queensland and an engineer by profession he has been successful in building wealth through real estate investment, cosmetic renovations, and small scale developments.

Roof Ventilation – Are Whirlybirds The Best Solution?

If you have ever been in the roof space of your house on a sunny day you will know that you very quickly start sweating!

Why it gets hot

Well the average roof size these days is probably around 200m2.

On a clear sunny day that means around a kilowatt of heat per m2 being radiated onto the roof surface.

So 200 x 1 kilowatt = 200 kilowatts of heat . . . That is a lot of heat coming into a small volume!

Even with a light coloured roof that reflects up to 50% of the heat the roof space is still going to get really hot . . . which means the inside of the house will be harder to cool.

Is a whirlybird going to help?

Go round your local DIY shop and you will see plenty of whirlybirds for sale . . . some for less than $100.

Seems cheap, not too difficult, and  no running costs, so why not fit one?

Well they may not be as effective as you hope for of several reasons:

  • Without an adequate source of incoming air, such as eaves vents or gable vents, the whirlybird will struggle to remove much air from the roof.
  • A typical whirlybird will only extract around 100-200 cubic m per hour, not enough to make a large impact when there is 200 kilowatts of heat falling on the roof.
  • On a hot still day the effectiveness of the whirlybird will be much reduced.  It needs a wind speed of upwards of 5m/sec to be effective.

Typically manufacturers of whirlybirds suggest that at least 3 will be required for a typical domestic roof. . .  so do you want your roof to be more like a factory

So what should you do?

  1. If you are still building choose a light coloured material of even plain galvanised tin to maximise the reflected heat.
  2. Make sure you have enough incoming air, such as unobstructed eaves vents, or gable vents.
  3. Consider alternatives such as

Thermostatically controlled mains powered fans (Has low running costs and will remove large volumes of air when you want it removed)

Solar Powered Fans (No running costs and most effective on sunny still days)

A final though is . . . . Installing solar power panels will provide shade for a large portion of your roof reducing the area subject to solar radiation.

 

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