Since 2012 I have had increasing structural problems, the only thing that is maintaining my sanity (or stupidity) is what I call 'The Blame Game. I'm sure everyone on this site has a story to tell about this!!
So the saga begins:
- The builder's insurance blames me because my neighbour planted trees (they were there when the builder owned the land).
- My structural engineer blames the builder, structural engineer and soil tester.
- The original Structural Engineer solicitor and insurer's Engineer blames the builder, and of course also me.
- The council also damages a pipe and guess what, I am to blame and also have to pay to fix it.
So, in all this blame game, what is the definition of a 'defect'? When 'experts' are involved, as a homeowner seeking justice for my 'lemon' home, it certainly does mean 'different things to different people' (article link below) and it costs tens of thousands of dollars in so-called 'expert reports' that make it difficult to make a claim. Insurance companies send out their 'experts', with their 'expert opinions' to redefine the word 'defect' and the cost to the homeowner to seek more reports and legal costs causes financial ruin as the insurance companies continue to fight to avoid a payout. This report was both deceptive and misleading. The word 'fr*ud' comes to mind. All involved in the building of my home, hide behind their lawyers and insurance companies. Integrity is lost over greed. The consumer has no protection. It's a national disgrace.
https://www.thefifthestate.com.au/columns/spinifex/building-crisis-we-need-an-injection-of-good-evidence/
So, I pay even more to gather my evidence to ensure when I do take this to VCAT, I have the evidence, hopefully have a good definition of 'defect' and get the outcome of having my home demolished and rebuilt. Who am I kidding?
Well I'm glad I didn't trust my lawyer and decided (against his advice) that I would get another complete plumbing investigation, as the first one didn't give me any information except talking about 'suspect joints' and star pickets in the top of the pipe that were 'faulty sealed' with silicon. Thursday was my breakthrough, thanks to Russell and David at Metropolis Solutions.
- The 'suspect' joint is actually non compliant to AS 2870, it is not flexible along with the other joints that enter/exit under the slab. The sewer pipe has come apart releasing water under the slab.
- Other pipes that are squashed from being placed on rubble, even a brick and this has broken causing stormwater to release water in another area of my home.
- There are dips and rises in the stormwater pipes, all causing its own water retaining system.
So my advice:
- Don't trust any person coming to your home, unless you have hired them, but even then be careful.
- Get everything in writing.
- Don't trust lawyers when they say, "only way forward is VCAT" and suggests to get a Structural Engineer before a CCTV plumbing expert. Look at the plumbing first to rule out that first (I wish I had done this). You can claim on plumbing insurance (I wasn't aware) for 6 yrs and no, they don't have to disappear, go bankrupt or die, not like the 'junk' builders insurance.
- Read posts on here and gather information from the experts on here who are looking after your interests. Listen to their advice. They are here helping you as they also in disbelief of the building industry and want to see change.
- Trust your instinct.
Are the following photos 'defects'? Happy to hear your opinion or expert advice.
The couple of photos show light coming through the bottom of the wall in the garage. I noticed this today. I will be calling my insurer and wait for the sequel The Blame Game - Part 2.
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