Browse Forums General Discussion 1 Jun 17, 2011 9:48 pm Hi guys OK.....as some of you may know or have a brief inkling of from my many rantings and questions in here... we are having issues with our ensuite. Water is leaking up through the tile grouting OUTSIDE of the shower base after we have a shower. It has also left a residue/staining that makes it hard to ignore and confirms we aren't imagining it. We have black tiles and black grouting and you can see discolouration in the grouting spreading outwards from the shower base (grouting has turned white) so water is definitely getting out where it shouldn't. After seeking advice from anywhere and everywhere, the first port of call is that we are going to write to the owner builder to give him the opportunity to rectify it before we take it to either BCV (? Builders Concilliation Victoria) or on to VCAT, if necessary. But not only do we want him to rectify the primary problem - we want him to address any secondary issues that have arisen due to this. For eg, we discovered under the house - along the line where this water is running in the bathroom - there is mould growing on the beams. We want him to do whatever it takes to eradicate the mould and tend to any water damage on the beams (if any serious damage done). But... we also are concerned that the rooms adjacent to the ensuite and directly adjacent to where the water is leaking (namely our WIR and our bedroom - and potentially our son's bedroom) may have some damage under the carpet and potential wet/damaged/rotting floorboards. Hubby swears he can smell must/mould in our WIR and I often think my son's room has a 'smell' to it (he's a baby, not a smelly teenager ) Question/dilemma is.... we are not sure whether to attempt to pull the carpet up ourselves and determine if there is any water damage so that we have firm proof before we write our letter and can therefore disclose everything that needs fixing. Or, whether to just advise the OB that we expect him to check for any further damage and let the OB tend to it how he sees fit and pull up the carpet himself? Who knows, maybe once he lifts the tiles it will be evident there is no damage to the floor underneath and therefore we can rest assured no damage extending beyond the bathroom. But on the other hand, if we don't investigate ourselves, I am worried the OB will say something along the lines of 'bad luck' unless you tell us there is a problem in the WIR or the bedroom, we're not fixing it (kind of thing). We know for a fact he's not going to be easy to deal with so we need to tackle this best we can from the start. I am worried about attempting to pull the carpet back ourselves and not being able to put it back properly (It would be the area in the doorway between our ensuite and bedroom - and along one of the walls in our WIR. So... any tips/advice/2c worth. I'm sure I'll get differing opinions but all thoughts welcome and then we'll piece together what we think is the best thing. I want to get this letter off to him next week latest so want to ensure we include what we need to include in the one hit (but whether we leave the investigating to him or do it ourselves is the question). Thanks guys... much appreciated if you have any thoughts. HHCIB Re: Really could do with some help/advice/input - thanks 2Jun 18, 2011 7:43 am I'd be getting a building inspection done - a written report by an expert would give you a solid basis for a claim against the OB. Plus you'll have peace of mind, knowing that all issues have been identified, including those that may not be showing any symptoms as yet. Re: Really could do with some help/advice/input - thanks 3Jun 18, 2011 8:05 am Hi Kek We thought about this, but I rang one place and they said they would charge $1300-$1400 for such an inspection and report. We just couldn't afford this. I might try Archicentre and see what they say. Thing is.... will they pull up carpet and/or go under the house to detail the extent of the damage, or will they only identify that there is an issue? Thanks for your input. I will get a second quote next week for an inspection and report.cdc HHCIB Re: Really could do with some help/advice/input - thanks 4Jun 18, 2011 8:59 am When you say 'owner builder', I'm confused? If it's your house, you would be the owner builder? Do you mean a small builder who has built the house for you? I agree with what Kek has suggested. For peace of mind it would be worth paying for an independent building inspection, if you're worried about costs, and your builder is in the wrong, you may be able to claim those costs back from him afterwards. If you have access to under the house and those rooms, in addition to checking the beams (which you said you have) check the actual floor for mould (rather than taking up the carpet.) Re: Really could do with some help/advice/input - thanks 5Jun 18, 2011 9:37 am Hi Just Erin Sorry for the confusion. We bought our existing - but renovated and extended house - off an owner builder last year. Basically, he bought the house, as far as we can tell he didn't live in it (he only owned it for about 6 months for the duration of the renovations/extensions) and renovated/extended then sold it - to us. I didn't (still don't fully) understand all the legal implications of being an owner builder, but from what I am beginning to gather, as an Owner Builder, he takes on the responsibility of a builder, and his work has to be guaranteed for 6.5yrs or something along those lines. I'm still piecing together what it all means, but suffice to say, we can make claims against him. What the boundaries of those claims are, we are yet to find out but the 'official' people that we speak to, seem to think we have a case in this matter. I am just trying to determine how best to handle the approach. Thanks again.... HHCIB Re: Really could do with some help/advice/input - thanks 6Jun 18, 2011 9:56 am ah ok, makes sense now Not sure this'll help, but it sounds like a similar situation, but my husband who's a plumber worked on a townhouse recently where a couple purchased it from a builder (who built two townhouses, and lives in the one next door). The problem was that the sewer wasn't installed properly and it was blocking up. It was pretty urgent, and they needed it fixed asap. They called my husband and paid him directly to fix it, they are now trying to recoup the costs back from the builder (guy next door). Re: Really could do with some help/advice/input - thanks 7Jun 18, 2011 10:47 am Hi again..... Thanks for that. Actually you reminded me. Although I don't think we would go ahead and get the job fixed without permission from the owner builder first (we don't want him disputing it is too much or he could have fixed it himself or whatever), but we were going to try to get some quotes to have it fixed and include in the letter. He can then decide if he wants to bother working it out for himself, or just having us go ahead and get it fixed. Mind you, we would want to make sure he officially 'engages' the contractor and is billed directly - we don't want to get caught out holding the bill. We've heard a little bit about how he 'operates' and we can't afford to be left with a $2/$3k bill (or more) and be out of pocket that much for any length of time. But thanks again, your suggestion reminded me to do that (if we can get someone who will give us written quotes knowing they may not end up with the job ). HHCIB Re: Really could do with some help/advice/input - thanks 8Jun 18, 2011 3:42 pm HHCIB. I'm not sure where you live, but I know here in WA (and I think other states) OB's have some very stringent conditions placed on their OB licences. The basic reason is to stop people doing exactly what it sounds like your OB has done. As an OB you cant sell the house you have the licence for in the first 3 years unless you can prove that you have a genuine reason. Then if you sell it before 7 years you need to supply building indemnity insurance through to the 7 years. This is to prevent OB's becoming pseudo builders without having to provide the necessary protection to those that buy the finished projects. An OB licence is meant to be so people can build a house for themselves, not so they can build or renovate investment properties. I'd ring the Builders registration board (they handle OB licences) and they should be able to inform you about the legal requirements your OB has to meet. I'd be interested to know how they managed to sell an obvious investment property they had an OB licence on in only 6 months and if they have in fact provided you with the required housing indemnity insurance. It is quite possible they have left themselves open to some serious legal implications. This is an extract from the BRB in WA relating to OB's (I think most states have similar requirements): Owner-Builders > Restrictions Some restrictions apply to building and selling owner-built homes. Restrictions on the sale of owner-built homes Owner-builders must wait 3 years from the date the building licence was issued before they can sell their home. Before the house is sold, a policy of home indemnity insurance must also be taken out to cover all future owners for a period of 7 years from the date the building licence was issued. Restrictions on building as an owner-builder Owner-builders can only be issued with a building licence once every 6 years. If you have been issued with a building licence by the local government within the last 6 years, it is an offence to declare that you have not. Variation to the restrictions The Commissioner for Consumer Protection has discretion to vary the restrictions relating to the building and selling of owner built homes. Approval is granted only in circumstances where significant hardship would be suffered if the request was refused. To apply for a variation to the above restrictions, you must submit a written application to the Commissioner for Consumer Protection. Accessible Carpentry & Cabinets accessiblecarpentry@gmail.com accessiblecarpentry.com.au https://www.facebook.com/pages/Accessible-Carpentry-Cabinets/583314911709039 Re: Really could do with some help/advice/input - thanks 9Jun 18, 2011 4:25 pm Interesting!! Thanks for that Chippy. Yes, I must admit, it was something that I had fleetingly read (or read tiny bits and pieces) and had wondered if they are able to buy and sell so quickly but never looked any further into it. We might just do some further investigating on that matter. When we bought the house - without having a clue what the guidelines are or whatever, we asked him how many houses he had renovated/built/done (can't remember the term we used) - but he said 'four'. We have since found out from the original plumber, he is pretty certain this was their first. So, they either * to us to make us feel confident that they knew what they were doing and hoped we didn't have a clue about what being an owner builder means. Or, he is breaching his contract or licence or whatever it is, by constantly buying/selling. He is a rat - we know that much. So I wouldn't be surprised if he is up to no good from every angle. But I will look into this buying/selling within 6 months because it had occurred to me something might not be right with this..... Thanks Chippy, really appreciate the 'heads up'. HHCIB Re: Really could do with some help/advice/input - thanks 10Jun 18, 2011 4:50 pm This sounds very similar to my sister-in-law's problem. Bought off an owner builder 6 months ago and the house has some very bad problems. Renderer went over the breathe holes so under the house has become mouldy, leaking bits which have warped the floorboards, Garage leaks during torrential rain just to name a few. They had a building inspector come and write everything up in a report which they they sent to the OB. Apparently he has the right of reply so he organised tradies to come and fix a couple of things but they are proceeding to VCAT to recoup money as he is disputing some of the claims. Definitely worth investing in a building inspector to find all the problems - he found some they hadn't. Hope this helps do not pay until you are satisfied with workmanship windows require flashing over the head archithrave and up under weatherboards 3 28256 Thank you so much for the effort. We will use it to talk with builder. We also had idea of building duplex instead and seeking suggest ions. viewtopic.php?f=31&t=106744 11 13817 Hi VK, I am now retired however I have stood beside over 300 owner builders in the past 18 years that have successfully built their own homes. First of all a building… 10 22562 |