Browse Forums General Discussion 1 Jan 12, 2016 12:08 pm We are at the point with our builder that we now need to take the next step in trying to get our home renovation completed. Short story - renovation is not finished yet, extensive list of defects are pending, we have some money outstanding to be paid to the builder (this amount is insignificant compared to the cost of the defects and also includes some monies paid for work that has not been completed). We have tried to work with the builder to resolve issues however they started new jobs before ours was finished and have been addressing the defects in dribs and drabs (and generally not fixed correctly nor supervised). The quality of workmanship has been below standard and the defects list has been pending for over 6mths with additional defects being added continuously. In order for our house to be finished we need to take further action and are now trying to decide whether we engage the services of a lawyer and take it through the courts or do we use the services of Dept of Fair Trading. Appreciate any advice or personal experience others may have had in a similar situation thanks in advance for the responses Re: Legal System or Department of Fair Trading 2Jan 12, 2016 8:17 pm Hi chica, A bit of advice from someone with a fair bit of knowledge on this topic... BUT in Victoria. Many clients who go to the Government departments for help (in VIC) end up suffering quite a bit, because I believe those authorities (BACV and Consumer Affairs) were not actually empowered to take an action against the builder, and those that were empowered to take an action ((VBA (previously called the Building Commission) and the BPB (building practitioners board)) chose not to take an action when they certainly should have. Recently the BPB has been removed (possibly because of corruption) by the VIC government... so that leaves just the single authority which generally chooses not to act for some unknown reason(s). Using an experienced building case solicitor / barrister is a good start, but you should also use a building consultant who is capable of finding virtually all of the defects, so one without a proper definition of what constitutes a defect or one with a large list of disclaimers (such as does not get on the roof, into the roof, under timber floors, not looking at metal products are 4 beauties I've come across regularly)... should not be used or he/she will be your weak link, and you only need one weak link and you will suffer financially at least. You also must have great resolve when the pressure is applied... and a good expert is a must to keep this resolve. Good luck! Re: Legal System or Department of Fair Trading 3Jan 12, 2016 8:31 pm As someone also with experience with building defects and disputes in Victoria I fully endorse Leonardo's advice. Your expert will be the biggest link in your chain but your chain will only be as strong as your weakest link. Foremost Building Expert in Australia,assisting with building problems/disputes, building stage inspections,pre-contract review advice for peace of mind 200 blogs http://www.buildingexpert.net.au/blog Re: Legal System or Department of Fair Trading 4Jan 12, 2016 10:06 pm Is this applicable in WA - Perth???? We are having major problems just like the original poster only ours is a new build. Ultimate Homes PERTH '13 Dec Council App '14 Jun Slab '15 Jun Lockup Dec PCI '16 Jan Feb PCI 9 wks ago - still NOT in viewtopic.php?f=31&t=80759 Re: Legal System or Department of Fair Trading 5Jan 13, 2016 8:03 am As per Leonardo_23s advice but as someone in NSW who has been in the building industry quite a while. 1) get a good building consultant to write a detailed list of all the defects 2) get a good solicitor that has experience in handling building industry conflicts. As for the Dept of FT, well they will be as much use as the proverbial mammary glands on a male bovine. Sounds similar to what the VBA is in Victoria. Take note of all contact with the builder through letters in the post. emails sent, date and time of conversations and his time on the job. The solicitor will probably advise you along these lines as would the Dept of FT... Unfortunately you have to go through the process of doing it right. First present the list to the builder. He has to be given a reasonable amount of time to fix the list and finish the job. Sad but true. However he is not allowed to keep you hanging indefinitely. Second, the solicitor should send a strongly worded letter advising him that unless a major component of this work is finished within a month then legal proceedings against him will begin. This is where you need a solicitor who is not necessarily a nice guy but more of a pitbull in a suit. Forget about a good working relationship with the builder. He has handled your job in a very unprofessional manner and treated you with disdain. Good luck Stewie Hi, we live in an area where the black soil is prone to a lot of movement. We have an old 50's house with masonite everywhere and nails popping out, warping, rusted etc.… 0 4510 Once you know the basics, the rest is easy. Read my post in the thread linked below. viewtopic.php?p=1919271#p1919271 2 19517 It's all about wireless, self install now. The cost/benefit of wired setups for the house are no longer what they used to be. Lots of wireless options. Eufy, Arlo and… 2 9793 |