complaining to VCAT

Hi Guys

I have been reading this forum for sometime now. Moved to Aurora 7 months back.

Just wanted to know if any of the residents lodge official complain to VCAT against their builder and does it really help??

We are getting ignored by our builder(TH) for last 7 months. From the day we moved in. He promised to finish little bit of remaining work after we move in and after our numerous calls and emails, we are finally thinking about complaining.

Enough is enough.

They are legally bound by VCAT - go for it... but I would warn them first...

Ed

Thanks Ed for your reply.

Yes we have informed them in writing about our decision to go to VCAT and gave them one month notice to act. But they chose to ignore again.

Its been one month since our email, nothing yet. They are not even coming to fix our unstable water heater. Thats how much careless they are..

Time for VCAT... cheap too... easy win...

Ed

We built with Beechwood homes in the 90's, it was a terrible build, we were also promised to have things rectified after handover after 9 months of getting nowhere we took them to the BSC(building services corp in NSW at the time), they turned up with their big lawyers, we were by ourselves they tried to intimidate us, it didnt work, We had some things that needed to fixed like our gutter that was seriously damaged when installed, our front porch was leaning causing damage to our driveway whenever it rained, and a lot of minor thigs from our 3 month maintenance.
It turned out they were embarrassed, after realising that we were only requesting things that should have be done along time ago, they had them repaired immediately. The lawyers apologised, they could not believe that things got to the stage. We never recieved a formal apology but the work was rectified quickly
(It helped that they were ordered to do the work within a week )

I say go for it, builders just think you will just go away, you are entitled to have the repairs done. It's just a shame it gets to this point to start with
Good luck!

I would recommend a phone call to consumer affairs/building commission. They will let you know if they can help.

thanks a lot Gogo65. That's all wanted to hear some positive experiences.

Ruby5250, we already call building commission and they said go ahead you have enough reasons to lodge the complain.

But heard from so many people, that they complained and nothing happened. Was bit confused.

Anyways we are going ahead with the complain. All paper work done now hoping for best

We know a few people that involved consumer affairs and have had good results. well wishing you all the luck. keep us posted on any updates.

thanks a lot guys!! will keep you posted

http://www.theage.com.au/victoria/commi ... 1qpox.html

I suggest you look carefully at the VCAT site

Look up Domestic building List/decisions and read some of the findings. Find a complaint similar to yours and see if you are happy with the result.
remember that builders are well rehearsed in these tribunal proceedings and some of them have the knack to drag you out for YEARS
The only way they are forced to pay anything is through the Supreme Court not VCAT
The article I posted basically says that the system in Victoria 'FAIL'

Sorry but I disagree 100%... VCAT is good and fair, only avoid it if your complaint is not just and fair... At EcoClassic,we have won our cases - true, but that is because we have always done the right thing.. if I think we are at fault, we do our damnedest to make the customer happy. We even won at VCAT when the customer took up a case, and then we still gave the customer what they wanted afterwards. I was even a witness for a homeowner against a builder, the builder took the case to VCAT, just to be able to draw a line and end the complaint, knowing he was in the wrong. He expected to pay and he paid...

Use VCAT if you are right... it is quick, fair and low cost. Never mind other results, the builders may be better rehearsed, but the tribunal is balanced.

Ed

Oh Really
http://www.heraldsun.com.au/news/more-n ... 6064770878

Yes really, that is my personal experience over many cases, not a journalist's beat up of the odd case.

Supreme Court you say? A friend won a $2 million judgment, never got paid, ended up with $1.5 million legal bill as well... there are no legal costs to VCAT - if the other side brings a lawyer they can't get awarded costs.

It is fair and it is easy.

Ed

Here's another odd case of how the building commission has failed the consumer


http://moorabbin-leader.whereilive.com. ... ield-home/

My advice is:
1. For me, you should call and independent building inspector, tell him your problem.
2. You have 2 choices, First hire the inspector, and he probably will find some other issues.
3. He will give you a report and pictures of the things that are not finished, and thing that are not complaid
with Australian Building Standars.
4. So before go to VCAT, send the builders a copy of the inspector report with a warning about you are
going to make a formal complain to the Building Comission in the Department of Commerce, if they do not
repair thos issues in 5 days. See also this link http://www.commerce.wa.gov.au/consumerp ... laint.html
5. Please if you email them send a copy of everything to you and whoever is involved, print everything.
6. Then if in 5 days they do not do the repairs, you will have to fill a form that is in that link, and fallow the
procedure that is explain in that link.
7. But you will have to pay a fee so after 14 days the Building comission will send a inspection and they will
proced to resolve this matter.
8. Second choice, go direct to the building comission, but first you have to do part of step 4, the warning part.

I am building rigght now, and doing the same thin and believe me it works.