Metricon, Building Surveyor and building progress issues

Currently building with Metricon Victoria, between official Frame Stage and Lockup Stage. Throughout the process, I've observed issues and addressed them on the day. None have been addressed, and the build continues on (contrary to contract).

Currently have CheckPoint Building Surveyors as the preferred Metrion Surveyor, and additional Inspectors of Landmark Inspections.

Metricon haven't supplied full stage reports from Checkpoint, and Checkpoint single line reports identify zero issues during the first stages. Landmark identify dozens of Building Standards defects. But the last inspection wasn't timed to allow checking from frame to plastering stage, with a rushed inspection on the day identifying a number of frame issues. Metricon have proceed to complete plastering and ignore any issues found.

My question is, how do I get a more detailed report from Checkpoint? The last report they even removed the last 2 pages which gave the full details of the inspector used (but was able to find via their license #). They've marked the frame as okay, when I have photographs of issues at the frame, amongst one being frame sitting greater than 10mm over slab.

Can I remove Metricon as authorized representatives for me with Checkpoint? Can I remove them, or put a specific complaint against those that have passed clear violations of Building Act Standards? I looked at VBA for inspector removal, and the most direct one is shift to a Municipal Building Surveyor.

My biggest concern is that all these things will be hidden, and the contract only allows defects and payments to be withheld at handover stage. Which will be too late to fix. They have zero desire to address any of this and refuse to actively communicate with me.

You are in Victoria, the Building Surveyor must be appointed by you. It is in Victorian legislation that the builder must not act as their client's agent (unless the builder has dispensation from the ACCC).

Your Landmark "inspectors" will be performing the role of building consultants who do inspections, that role is different from the role the Building Surveyor and the Building Inspector he works with (if applicable) perform.

I hope that you have plenty of photos and a paper trail.

What about Landmark, what advice have they given you?.

You need to send a written statement to the VBA.

The contract requires Metricon to build your home to the applicable building standards. The works should be completed to these standards at the appropriate time, ie now before being covered up or they are defective and Metricon is in breach of the contract. If the frame works are defective they should reasonably be fixed now, not when the house is at PCI stage or later when it’s not practical and efficient. In addition to the VBA process you should withhold payment for the next fixing stage invoice based on this principle. Check the contract carefully and get legal advice on how to correctly communicate the issues to Metricon and safely dispute such payment is due. I had to do this in very similar circumstances last year. Based on my experience Metricon will probably now try to squeeze you by slowing down because the cost of significant delays to them is minimal compared to your costs. What’s your liquidated damages per working day versus your rent and other costs?

Thanks for the reply.


Yes, volume builders have found a way to get around that (and I have a major issue with the VBA, HIA and Inspection industry regarding this). So they have a preferred Building Surveyor (Checkpoint, which seems to do everyone) and only if you designate them as your authorized contact will they pay of them and deal directly with them. If you choose to not use them, you have to pay for the Building Surveyor and organize all processes involving them. Which in hindsight, I should have done anyways. As paid for an additional person that has no real power over the project.

Yes, only the assigned Building Surveyor can convey the builder to direct action, and they've not timed it well to allow my additional the time and access to identify issues before they can be covered over and moved on.

I have lots of photos of the issues.

Landmark have been very responsive to questions, but have really offered any proactive communications regarding the issues. A lot of "they should do this..". But once again Metricon seem to be able to gloss over repair recommendations and I have no definitive way of know if they've been addressed.

I notice I can start a complaint against a Building Surveyor via VBA, but the first two reports from Checkpoint were performed by a Civil Engineer and the by a Building Inspector. I'm in the process of getting a better report, as for the Frame stage report supplied by Metricon, from Checkpoint. It's a single page, with a single photo of the build from outside the lot, saying frame passed. Where Landmark found a number of issues, some missed that I've found 10mm+ overhang.



Thanks for your reply.


This is why I'm seeking legal advice and how much of the Metricon contract is legally enforceable. As there are explicate clauses on progress payment (must be within x days of issuing a stage notification) and only payment that can be held up is the final handover payment where defects must be fixed (of which insulation issues, powerpoints and structural issues are too late or very costly in $$$ & time!) I'm trying my best to help them, help me. By being on top of issues in real time

Consumer affairs progress payment information indicates that payment shouldn't be made if there it doesn't meet contract, but I'm not sure which one is the legally enforceable condition. As they have conditions that you can't go on site, but HIA rules override that as they cannot reasonable deny you access to your site.

As for squeezing for time, they've allowed 308 days for the build. So I'm in no rush and it's been 3+ years wait for land. So I've only got time, but prefer to be in sooner than later, of course!

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Follow up, after a number of points of trying to get traction and a progress payment I've said I'd not be paying, I've got some forward movement. Got calls from the Building Support Coordinator (that acted surprised that things weren't being addressed). I got a call from the SS who was apologetic and went through the issue and committed to getting them addressed. There will be a challenge to get some of them fixed due to plastering covering a lot of issue points, but he's committed to getting them fixed.

See how it goes.

I delayed payment of the fixing invoice until a week before the final 10% payment based on the legal advice I received. Because the frame was not straight I got Metricon to remove about 30% of the wall and ceiling panels, straighten the frame, and refit them. Some panels had to be replaced a number of times by their fixit contractor here to get it right. I checked everything myself with the assistance of the building manager. Even after they said things were corrected. I requested the assistance of Mario via email to support Metricons NSW team here. Many other customers I know waited until After handover to address crooked gyprock issues and experienced frustration, most just giving up. I strongly suggest get everything in writing that the SS and coordinators say. If they won’t do it transcribe what they say for them and confirm back requesting their acknowledgment. In my experience if it’s not in writing it’s meaningless. Make sure Metricon know that you are not in hurry and will insist they do things properly. If they realise they can’t squeeze you timewise to accept poor workmanship this may change their attitude, particularly given the rectification will cost them more later and you are helping them to avoid this cost.

Ah, I guess I can delay the lockup stage (35%) as I've just put through the Frame. Who did you go to for Legal Advice? I guess they were NSW based? But yes, frame straightness is one of the things my Inspector flagged.

Who is Mario? Yes, I don't want to wait until after handover and that's not going to result in any action. I've only paid 30% of the build so far.

Yes, I try to ensure all is in writing (yes if it's not in writing, it never happened) and I have a call recording app for phone conversations I have with Metricon. I tell them all the time, I don't want to have to rip out all the walls to ensure insulation and/or wiring is up to code at handover .. and I will.

Mario is the owner and a Metricon director, his email used the same format as everyone else at Metricon. I am sure he would want to know about the issues and help you. Suggest you need a Victoria based solicitor with building expertise and experience.

Oh, straight to the top Yes, I'm trying to seek local assistance, but some solicitors just aren't responsive. How did you find yours?

To find our solicitor we asked some friends who lost a district court case against a builder. They recommended the opposing solicitor who we then sought advice from. All communications to Metricon came from us via fax, post and email to their nominated person per the exact contract dispute procedure. Our solicitor just checked these before we sent them to ensure they were effective and we didn’t make any mistakes.

rum_home Mario Biasin
https://www.metricon.com.au/home-truths ... rded-build