Hi all,
I am in the middle of a new home build in Templestowe, Victoria which has been a horror show and has dragged on for close to 2.5 years.
The build is now stalled at lockup stage (paid till lockup) with some items done for fixing stage like the painting, tiles, and plastering. No progress has been made for 3 months and the builder always makes an excuse not to make progress.
Upon reading up on DBA/DBCA/VBA disciplinary register I have noted that the builder has committed the following offences that are grounds for disciplinary action (ref. DBA sec 179)
1. Demanded and received deposit money ($27,000) before taking out DBI (contravenes DBCA Sec 43B)
2. Claimed and received progress payments in 2 occasions before works was actually complete (contravenes DBCA Sec 40 (3))
a. Got paid for the frame stage 5 months before RBS passed the frame stage. Frame was visibly complete so he got paid. didn't realise RBS had failed the stage inspection multiple times.
3. Site cut done 2 weeks before building permit was issued (contravenes DBA Sec 16B (1))
4. Refusing to fix defects that are violating AS/NCC. List is 45 items long.
5. Refusing access to the building site. (contravenes DBCA sec 19)
6. Being a general nuisance to surrounding neighbours (when he’s around). Yelling matches with them for the smallest things.
Listed above are only some of the transgressions.
We haven't gone anywhere with the dbdrv process.
The builder has made it his mission to make our lives a living hell just because we went to dbdrv and pressed him to fix defects that were discovered (report by Darbecca).
1. Showing incompetence by not understanding what the defects reports are saying. Me as someone with no experience in building a house is having to explain to him what certain defects mean.
2. Threatening to suspend works for not signing up on defects that he claims are fixed but I can see they clearly are not.
3. Threatening to not progress any further if we don't bend to his word, bullying is quite constant.
Taking someone's livelihood away is never my first/second/third option but this individual has proven time and again that he doesn't possess the intellectual acumen or the common sense to even build something minor as a dog kennel.
I have since discovered another client of this builder who is almost living the same nightmare as I am. They are willing to come forward with their story as well.
Terminating the contract is now not viable for us as the cost of finishing off the project is now more than what's unpaid to the builder.
My thinking is to collectively complain to VBA of this builder's antiques or get a lawyer involved to get his licence stripped away so that I get access to DBI to finish off the project with another builder.
Can I get some advice/opinions on this matter please. Do we have strong grounds to get some disciplinary actions taken against him? Is there anything else I need to consider? What are timeframes involved with VBA complains?
Appreciate any help.
Thank you.