April 22, 2020 at 9:34 am #212666QuaxMember
SC would like to start issuing “Certificate of completion” after magnesite remediation to the lot owners. I’m not sure if this is a good idea.
Long time ago several units was remediated and structural engineer project managed the remediation (checked works, obtained quotes, …). At the end of remediation engineer issued a letter covering all remediated units: two pages stating that work has been done (where and if unit is complete or partial) and letter included bunch of waivers.
Same engineer project managed additional unit but no letter was issued (missing unit)
Then we switched to SC managed model and changed contractors and remediated additional units.
Our meeting minutes contain comprehensive progress report:
– stating cost between builder, engineer, and owner reimbursements
– SQM remediated, and quantities of material used (from invoices, quotes)
– if remediation is complete or partial (and which part)
Is there any downside / risk for SC to ask involved engineer to issue “letter of completion”?
For the “missing unit” should we go back to original engineer or SC can issue simple statement stating that work has been done?
Thanks,April 22, 2020 at 10:32 am #212847ts1904Expert
I can’t immediately think of any downsides and I think this is actually a good idea so there is record of which units have had their magnesite removed (so you know not to waste time/costs on re-investigating in future).
You could go back to the engineer for the missing unit, though they might want to be paid to issue the certificate and may not have sufficient records (hopefully they do) to issue an accurate one. I suppose the purpose of the exercise is to know which units had, and where, so a note on the records would suffice there.
Good idea!April 22, 2020 at 10:49 am #212907QuaxMember
We need to pay, there is no question about it. The cost is minimal. I agree with the record keeping point of view.
I do not see how “additional” certificate can improve current state – each unit has record in strata meeting minutes: We have a table with detailed expenses and status (completed, partial (which parts), in queue, not started) for each unit in the building.
Thanks,April 25, 2020 at 9:56 am #221935Amanda FarmerExpert
From a legal perspective, what I’d be relying on to work out whether or not work was properly completed is the terms of the contract.
The contract should provide for what happens on completion: usually, it’s written notice by the contractor that the work is complete, followed by the OC’s final payment, required within a particular time frame.
If you’re using standard-form contract (like the NSW Fair Trading Home Building Contract) it will have provisions like this and – assuming those provisions are complied with – you will then have a consistent record to rely on, without the need for additional certificates.
So: for the ‘missing unit’ – what did the contract say? Was there any obligation to provide written notice of completion? If so, you can rely on that to request the notice without an additional charge.
Now, I hope you’re not going to tell me you don’t have a written contract for this work….!
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