Forums / Property Investing / Help Needed! / Land Dispute with Developer

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  • Profile photo of LewisLewis
    Participant
    @lewis062
    Join Date: 2015
    Post Count: 14

    Hey Guys,

    Unfortunately this is still going,

    where we are up to now is that i believe the height of drop should be 640mm based on the height on the footpath 103.84 and the height after the drop, 103.20
    however I am now being told that those are Estimates based on a standard slab

    email states
    “Advice from the engineering consultant is that ‘the pad levels noted were based on an expected Floor level of a slab that would match in the with FS levels of the lot less a standard waffle slab. This additional information was added so that the bulk excavation for the slabs could be done by the civil contractor rather than the builders to save costs. Once the slab is complete we would expect that the levels would be representative of the lot form.’

    Are they allowed to just put measurements in based on expected slab levels? When i look at this i see a difference of 640mm not 640mm after an expected waffle slab. then i called and asked who will fill around the slab? he said on well once you get garden beds etc i said stop assuming what I am going to build. He is clueless and if he needed help from engineering consultants then its a bit unfair on myself to see a contract and need to go find my own engineering consultants based on a benching report.

    I have attached the cut out of my block and would love any advice on what you see.

    Please note that this isnt about whether I am going to build on it, sell it or what ever. Once i get the land to what I want, then I will decided.
    Benching plan

    Profile photo of LewisLewis
    Participant
    @lewis062
    Join Date: 2015
    Post Count: 14

    CLick benching plan on the end of my above post to see block

    Profile photo of Ethan TimorEthan Timor
    Participant
    @ethantimor
    Join Date: 2016
    Post Count: 216

    What does your solicitor advise?

    Ethan Timor | Aligned Finance Pty Ltd
    http://www.alignedfinance.com.au/
    Email Me | Phone Me

    Active Investor & Broker; Based in Northern NSW, servicing Australia wide; Author of '34 Proven Ways to Maximise Your Borrowing Power' (download free from our website)

    Profile photo of LewisLewis
    Participant
    @lewis062
    Join Date: 2015
    Post Count: 14

    This has finally been sorted.

    Basically the engineers who Cut the block, cut it so that when we build a house we dont need the builders to do it. they actually cut it too much so having a drive way would be difficult and future problems such as retaining walls and irrigation. Our property developer has agreed with me that they have made a mistake, that they shouldnt have done what they did and agreed to fill the land to the specified heights on the plan. they will fill it to 640mm from the height of footpath, once a slab is built there will only be a small drop.

    a new contract is getting written up now outlining what they are doing, compaction reports, testing etc.

    Profile photo of hiphuzzardhiphuzzard
    Participant
    @hiphuzzard
    Join Date: 2014
    Post Count: 3

    Hi

    Thank you for posting this Lewis. An interesting ordeal.
    I am not clear. Have you sort legal advice and is your legal representative across this new contact to be?
    Some thoughts – Given the error by the developers engineer, is it worth getting a view from an independent civil engineer. Instead of slab would piers work? Extra storage underneath the house
    The developer can compensate and pay for the extra cost.

    Profile photo of LewisLewis
    Participant
    @lewis062
    Join Date: 2015
    Post Count: 14

    It has been very frustrating. As a first time buyer it wasnt something that I would of wanted to face but i feel that i have learnt so much from this and as a future investor it was very helpful.

    I saw a friend who is a lawyer, he couldnt give me too much advice with out me having to pay and he said they were quite expensive. and he made a few good points saying if you keep pursuing legal action the fees and time will outweigh the benefit I will receive.

    I did see an external draftsman/engineer who gave me the advice that the drop in land would be difficult to get a drive way on. as in he wants 8 metres of length for every 1 metre decline. I havent considered piers, i think now that they have agreed to fill i can get a “normal” looking house.

    Profile photo of BennyBenny
    Moderator
    @benny
    Join Date: 2002
    Post Count: 1,213

    Hi Lewis,
    Good to hear you mentioned a “compaction report” as this would be one thing that would be mandatory after such a “fill in”. e.g. if you are building on land that has been untouched for generations, the weather has compacted things to the point where footings or a slab would remain in situ for many years without concerns. But, as soon as you dig up, and then re-fill, compaction becomes necessary and (in the past) it also needed a time delay prior to building on it again.

    Ask any engineer who is handling that side of things “How soon can we build once compaction is completed?” and see what the answer is. Maybe even check with any friends who might be builders. btw, I am NOT a builder – I am only speaking from “general knowledge”, and things may have changed over the years. But I think it is one to watch closely, and to ask lots of questions about.

    Benny

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