Advice needed - builder touching up powder coated windows.

Hi,

Looking for advice. My builder used a mobile bumper repair person to touch up my windows at our new house.

They were installed after sitting around for a month over Christmas. They resprayed the panels on site.

I contacted the supplier and they said I need to go to the builder. The builder got a letter from the supplier saying the method used won’t void the warranty. The letter was from an account manager.

The warranty states that it is voided if an u authorised person makes repairs. I’m also concerned about the fact the repair agent only offers a 2 year warranty.

In response to the letter I asked the supplier to put in the letter the name of the mobile bumper repair person and they said they won’t be discussing it further with me. The supplier never inspected the property to authorise the work. It’s not on the maintence report they sent me.

I’m concerned about the colour variation over time.

Question- are there any standards that cover the touching up of powder coated windows?

I researched that they can’t be done on site and need a electrostatic spray. I’m looking for standards as evidence.

Thanks

As far as I know a factory baked on colour coating cannot be replicated on site. Spray on solution is acrylic paint that is subject to sun fade and I have seen it many times on colorbond touch ups.

Thanks

I had the same issue with Metricon’s bricklayer damaging the window frames with mortar deposits. NSWDFT and Housepect both advised to just accept the touch ups as it’s unlikely i would succeed in getting them replaced in a tribunal. Not ideal, but realistic. All of the etched window glass was replaced, however.

Hello

Standards and Tolerances Guide (pdf available online). Clauses 3.1 & 12 applicable to your situation. Hope this helps. Take regular photos to show any change in appearance to touch-ups.

Thanks

Hi,

May be read the Colorbond repair guidelines and warranty details if over painted.

The builder does need to provide a specific warranty document for YOUR windows.

I have the warranty. It states the warranty is voided if they are repaired by an unauthorised repair person.

The builder got a letter from the supplier saying that the method they used does not void the warranty but it doesn’t mention using the mobile bumper repair person. When I asked the supplier to include the name of the person in the letter they refused and told me I need to take it up with the builder.

Been thinking about this one. The Australian Consumer Law specifies that goods (and services) have to be of merchantable quality. If not, the consumer has the option to select it be repaired, exchanged or opt for a refund. If I would you, i would contact your consumer rights in your State. I don't see why the builder has the right to select how to remedy the fault.

Compare what the warranty is for a normal frame and that to the warranty for the touch up job. In my view the powder coating should have been stripped or sanded back and then applying a powder coated a finish. Good luck.

Before you contact consumer rights (eg NSWDFT) you need to make make a reasonable effort to resolve the issue with your builder. Follow the procedure in your contract and request the builders response in writing. If it’s not satisfactory then make an application to consumer rights, after a waiting period they will probably convene a mediation and document the agreement, or make a rectification order. The builder will probably argue their fix is reasonable and it’s wasteful to re do the window frames. It’s likely you won’t get them to fix the windows properly and you will need to go to court (eg NSW NCAT) to pursue your rights under NCC and the ACL . If this process causes your builder to delay your build it will cost you your extra rent and other costs minus any contractual liquidated damages. Leveraging the provisions of the ACL sounds good in theory but could be time consuming and expensive, even if its effective. The reality is the consumer has very limited power in situations like yours with builders to get appropriate rectification work done. This was my recent experience with Metricon.

Before you contact consumer rights (eg NSWDFT) you need to make make a reasonable effort to resolve the issue with your builder. Follow the procedure in your contract and request the builders response in writing. If it’s not satisfactory then make an application to consumer rights, after a waiting period they will probably convene a mediation and document the agreement, or make a rectification order. The builder will probably argue their fix is reasonable and it’s wasteful to re do the window frames. It’s likely you won’t get them to fix the windows properly and you will need to go to court (eg NSW NCAT) to pursue your rights under NCC and the ACL . If this process causes your builder to delay your build it will cost you your extra rent and other costs minus any contractual liquidated damages. Leveraging the provisions of the ACL sounds good in theory but could be time consuming and expensive, even if its effective. The court will take a balanced approach, not necessarily in your favour. The reality is the consumer has very limited power in situations like yours with builders to get appropriate rectification work done. This was my recent experience with Metricon.

A well formulated letter to the Builder might work.

Assert your rights and what resolution you seek. Put the Builder on notice that you may seek costs be made against the Builder for any action you take for non compliance. Point out that you will seek your resolution at any time (regardless if the building construction is completed) & it will financially be more adventurous for the contractor to remedy the breach at the earliest time. Give them 14 days to affect the remedy you seek.Confirm that they haven't furnished you with details of the repairs that have taken place. In Victoria, it's CAV you would contact. At VCAT it could be decided in the Civil or Building List.

If your contract is for powdercoated windows then this is now breached.

Unless there is an exclusion in contract that states window can be repaired.

My window frames and glass panes were very scratched. Glass was replaced. Scratched Frames were repaired.

The spray painting guy who specialized in these kinds of job, did a brilliant job overall. 2 1/2 years on no fading, looks the same.

So do what you feel you need to, and best of luck.
But be reassured if you don’t succeed.
I had 2 well respected building consultants who both said it was not a repair to be concerned about as would hold up.

There may be other ‘battles’ to focus on.

[quote="Gaudi"]My window frames and glass panes were very scratched. Glass was replaced. Scratched Frames were repaired.

The spray painting guy who specialized in these kinds of job, did a brilliant job overall. 2 1/2 years on no fading, looks the same.

So do what you feel you need to, and best of luck.
But be reassured if you don’t succeed.
I had 2 well respected building consultants who both said it was not a repair to be concerned about as would hold up.

There may be other ‘battles’ .

The quality of goods and services has been on the decline for some period now. I don't blame pricing entirely as the cause of this. Consumers who just accept defective goods and substandard work are making matters worse. The more consumers who stand up for redress will inevitably change this cycle with improvements in quality.