Browse Forums General Discussion 1 Nov 13, 2018 6:47 am Hi l had a new home built 8 years ago, past couple years a slight bounce appeared in one small section of the floor and a slight slope in the floor where the floor meets the wall and a couple of slight hairline cracks in the wall , all are hardly noticeable and you probably would'nt notice it unless pointed out to it. A builder had a quick look and he said its just settlement issues and most likely nothing to worry about unless gets worse. Hopefully the house has settled now and it will be OK But l was wondering what would happen if l did develop serious foundation problems over time , would most house company warranties cover it or would l have any sort of legal claim or for compensation against either the company that built the house or the company that did the soil test saying its OK to build there? or would that be unlikely to be successful? l take it its not something covered by insurance Re: settlement, foundation problems legal rights 2Nov 13, 2018 10:21 am Jimbo73 You would need to check your contract, but i would say you have gone past the structural warranty period (Generally 6 years, but it does vary). Do you have the Geotech report, engineering drawings, Structural inspection reports and did you take photos during construction? Building Non compliance is an issue on most builds and it's not covered by your insurance More info required hth Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs Re: settlement, foundation problems legal rights 3Nov 13, 2018 10:37 am l think the warranty is 7 years, what if the problem started in the warranty period but dont make a warranty claim until after the warranty period? But do l need to be worried ,? the builder who had a quick look said its just normal settling issues and no need to worry ? whats the difference between normal settling issues and real problems? should l get a second opinion now or only if it gets worse
Re: settlement, foundation problems legal rights 4Nov 13, 2018 10:42 am It may be worth having an independent inspection carried out on your home, with a detailed report provided. We can assist you with this or offer further advice if needed. Re: settlement, foundation problems legal rights 5Nov 13, 2018 10:49 am jimbo73 l think the warranty is 7 years, When asking about regulatory advice, you need to post your location. jimbo73 the builder who had a quick look said its just normal settling issues and no need to worry ? As they do but regardless, you need to have a paper trail. Was it a 'builder' from the company that built the house? 3in1 Supadiverta. Rainwater Harvesting Best Practice using syphonic drainage. Cleaner Neater Smarter Cheaper Supa Gutter Pumper. A low cost syphonic eaves gutter overflow solution. Re: settlement, foundation problems legal rights 6Nov 13, 2018 11:17 am "When asking about regulatory advice, you need to post your location." l'm in western Victoria l think l will get a building inspector to have a look early next , hopefully it will be OK, l cant see anything seriously wrong like big cracks or anything,or the doors or windows not being able to close which they say are the serious signs, if there is something wrong l hope l have some sort of legal or warranty claim , insurance don't cover it Re: settlement, foundation problems legal rights 7Nov 13, 2018 12:21 pm Victoria is 10 years for structural but I don't know how long this has been in place. Cosmetic warranty has well and truly gone by now. Building consultants who do inspections do not need any qualifications in Victoria. If you suspect a possible structural issue, you need someone who has the right qualifications. It does sound like settling though but only an onsite inspection by someone qualified will tell. Good luck. 3in1 Supadiverta. Rainwater Harvesting Best Practice using syphonic drainage. Cleaner Neater Smarter Cheaper Supa Gutter Pumper. A low cost syphonic eaves gutter overflow solution. Re: settlement, foundation problems legal rights 8Nov 13, 2018 12:44 pm thats good ten years cover as house built 2011 , l think the house company said 7 year structural warranty but am al covered for 10 years under victorian law? thanks can you recommend a good quailified inspector in the warrnambool area western victoria Re: settlement, foundation problems legal rights 9Nov 13, 2018 5:34 pm Forum member Building Expert is highly qualified and will know when the Victorian 10 year warranty came in. With luck, he may also know someone competent in your area or maybe advise on other action. If he doesn't see this post, just send him a PM. 3in1 Supadiverta. Rainwater Harvesting Best Practice using syphonic drainage. Cleaner Neater Smarter Cheaper Supa Gutter Pumper. A low cost syphonic eaves gutter overflow solution. Re: settlement, foundation problems legal rights 11Nov 13, 2018 11:38 pm https://www.consumer.vic.gov.au/housing ... -insurance Implied warranties apply to all building work. The Building Act 1993 allows action to be brought against a builder for up to 10 years from the date the work was completed. This right transfers to a new owner if the property is sold within this time. For more information, seek legal advice – including if the building work is older than 10 years. https://www.vcat.vic.gov.au/get-started ... nstruction Claims for defective building works must be made within 10 years of the date of the occupancy certificate, or – where there is no occupancy certificate – 10 years from the date of issue of the certificate of final inspection. Re: settlement, foundation problems legal rights 12Nov 17, 2018 5:15 pm The laminate floor is flat except about 80cm from the wall where a slight slope or slant starts to form up to where the floor meets the wall, its only slight , l got a 20cm level reading measurer from Bunnings with liquid ball between the two lines, when l put it on the slope the liquid ball in the middle only goes about 3 or 4 millimeters outside the line, maybe a slope that small is nothing to worry about? l cant see any cracks anywhere in the walls , exempt one tiny hairline crack. Re: settlement, foundation problems legal rights 13Nov 19, 2018 10:48 pm Maybe I am misunderstanding you- Were you using a very short- 20cm - length level check floor levels? And it was 4mm outside of line? If you were, a professional inspection sooner rather than later, may give you the information or reassurance you are wanting. Re: settlement, foundation problems legal rights 14Nov 20, 2018 1:20 pm yes l will get a builder to have a look next month, house is 7 years old , past year l have noticed a very slight slope on floors of the rooms on one side of the house, hardly noticeable, showed it to a couple of friends who visted and they all said its nothing to worry about and they could hardly see it , don't know if l am just being paranoid but l guess if there is a problem better to find it early., maybe the slight slope is just the way the house was built or the foundations on one side might have slightly moved , but theres no big cracks or anything Re: settlement, foundation problems legal rights 15Nov 20, 2018 5:03 pm Good on you. Information is power. You’ll get more clarity. Without pictures and lots more information I don’t believe anyone online will be able to tell you with confidence if they believe it’s ok. You may just want to check references of the builder/engineer you are getting. If you used a 20cm level that probably isn’t telling you much more than what you can visually see. The expert you hire can check if floors are level over 2m, over the room and/or the whole level to use towards their assessment. Vic consumer affairs can explain the 7/10 years warranty question. Re: settlement, foundation problems legal rights 16Nov 20, 2018 6:35 pm The company that build the house says it has a 7 year structural warranty but its been 7 years and 6 months so l am 6 months out, what if a builder says the actual problem started a year ago would it be inside the warranty ? Somone else said all houses have a 10 year warranty in Victoria
Re: settlement, foundation problems legal rights 17Nov 20, 2018 7:05 pm Did you read the links that Gaudi posted? 3in1 Supadiverta. Rainwater Harvesting Best Practice using syphonic drainage. Cleaner Neater Smarter Cheaper Supa Gutter Pumper. A low cost syphonic eaves gutter overflow solution. Re: settlement, foundation problems legal rights 18Nov 20, 2018 7:49 pm l read it quickly then, does it mean l am covered for ten years under the law even though the warranty from the house company said it was 7 years, so l am covered for ten years under the law even if the warranty says 7 years, l hope that correct Re: settlement, foundation problems legal rights 19Nov 21, 2018 8:19 pm https://www.maddocks.com.au/ten-year-li ... -victoria/ http://lclawyers.com.au/wp-content/uplo ... 5-9426.pdf Page 24 4.18 Read this second link page 24, 4.18 and then call consumer affairs to discuss your situation. Then you can understand your rights should a problem be identified... and causes of the defect are investigated. No point worrying when you may have no problem. Re: settlement, foundation problems legal rights 20Nov 22, 2018 7:27 am jimbo73 ............past year l have noticed a very slight slope on floors of the rooms on one side of the house, hardly noticeable, showed it to a couple of friends who visted and they all said its nothing to worry about and they could hardly see it , don't know if l am just being paranoid but l guess if there is a problem better to find it early., Because the slope is in rooms along one side of the house, it is best to have it investigated for your peace of mind. What is your soil classification? Degrees of foundation movement can be caused by having lawn or gardens against the house or a poor slope away from the house and these are issues that are first looked at for cause. Such issues are often on the side of the house opposite to where the perceived problem areas are. Do you have a tree on that side of the house? Prior to very recent times, parts of Victoria have had well below average rainfall. Maybe also check your local weather station's monthly rainfall figures over the last couple of years. This information is found on the BOM website. 3in1 Supadiverta. Rainwater Harvesting Best Practice using syphonic drainage. Cleaner Neater Smarter Cheaper Supa Gutter Pumper. A low cost syphonic eaves gutter overflow solution. The only thing to add to these comments is that where possible it's always good to try and work with people than just say "no" because you can. Having someone… 4 17215 I am not a brick expert, but rendering would be 1 option, it would be costly to do the entire house though.... 2 6711 Hi all, has anyone been ask to do the weeds in their property while in the middle of build? We are under the impression that they are in control of the site while they… 0 3206 |