Browse Forums Building Standards; Getting It Right! 1 Mar 21, 2014 9:51 am Hi All I have recently (2 years now) built my new "dream home" and find that the builder (Construct homes) will not accept that items i have brought to his attention are out of tolerance and classified as defects. My brickwork mortar joints are between 17mm and 25mm wide, the standard as outlined in the Building commissions "guide to standards and tolerances" states 10mm +-5mm. In the words of the builder (owner of Construct Homes) " the joints are consistent therefore it is not a defect" He is unwilling to make any repairs to numerous other defects I have highlighted as outlined in the building commissions guide to standards and tolerance, is there any way I can get him to see his errors and get him to make good all the defective work? I have already photographed the concerned areas and issued a report, he was not interested I have had consumer affairs review and confirm the defects, he is still not interested what else can I do? can anyone advise me as i cannot stand looking at the bad workmanship. Re: How do I get my builder to fix his defective work? 2Mar 21, 2014 1:25 pm I'd suggest an expert to do a report and then look at legal action. But - there are a few experts on here who might have a better view. (I use the word expert in the right way too - not cynically ...). Re: How do I get my builder to fix his defective work? 3Apr 02, 2014 11:15 am I am a registered building inspector with 30 years experience in these types of issues. Not knowing the full extent of the defects you are referring to I would suggest you have an independent defects report done. Following this give a copy to the builder and if still no luck I would suggest you involve the Victorian Building Commission to have this investigated by one of their inspectors following which a VCAT demand can be put in place. Cheers, GIO Re: How do I get my builder to fix his defective work? 4Jun 25, 2014 9:25 pm is this the builder in langwarrin working under premier builders group. if so, they also cant get weatherboards right. they put them up with a 5mm overlap, within 2 months, of course they shrunk and left gapping gaps. they came over and filled the gaps withs liquid nails and no more gaps. not even painted. I sent him a message and told him this is not good enough. not heard a thing since - 3months ago now. tiles inside out shocking-out of align- holes in the grout. the list goes on Re: How do I get my builder to fix his defective work? 5Jun 27, 2014 9:34 am blackdog is there any way I can get him to see his errors and get him to make good all the defective work? That would be a summons to appear in civil court. This is the only way to deal with a55holes. Re: How do I get my builder to fix his defective work? 7Sep 11, 2014 7:22 am what stage of the Building Works are you at? You need to read your contract very carefully and make sure you understand what rights you have, particularly about breaches of contract as for example if you ask the Builder to stop work it could be considered a breach by you as the client. Stopping payments may incur late payment charges. You may need to find a lawyer the specialises in domestic building disputes as if you go to VCAT you will probably need one - one employed could start the legal process running for cancelling of the contract, asking for defects to be fixed etc. If you get a building inspector make sure they give you a VCAT report - that is a report that can be used at VCAT. You need to start a paper trail now of all communications from now on. I think you need to write to the Builder (using registered post) to outline your concerns and the problems and what remedies you expect. even if you have done this verbally and in email. From now, record every conversation you have with the Builder. Make sure you have a site diary of all communications with photos of the work etc. If you go to VCAT you will need to have a proper and organised trail of communications with the Builder. You could try using the BACV to facilitate a mediation with the disputes but they cannot make the builder attend or do anything. The VBA (Victorian Building Authority) can investigate the builder and identify defects but that will not make the builder repair any work. The VBA can suspend the Builder's license and fine them. You will not get compensation through the VBA. VCAT can be an expensive hearing process to go through and takes about a year for the complaint to be heard in formal hearing settings. If you have plumbing concerns the Plumbing Industry Commission as part of the VBA can be helpful as they will help you get plumbing matters fixed through insurance as the plumber has to fulfill any compliance regulations and requirements of compliance certificates. Re: How do I get my builder to fix his defective work? 8Sep 12, 2014 11:52 pm Hi blackdog, If the builder will not attend to actual defects, VCAT is your best alternative in my opinion... AFTER you get a report together to PN2 standard presentation which you can download from the Victorian Building Authority site I believe (used to be The Building Commission site). There is a small claims section for amounts claimed less than $15 000 last time I enquired. For such amounts claimed you do not need legal representation either, but if they do , you might best do so too. Always make certain that the report states what is defective / how it should be fixed / how much it costs / photos and building science to back up your reasons such as manufacturer specifications also help considerably. If you take the advice of Building Conciliation and Advice Victoria, you will likely get their mediator or inspector (sometimes adjudicator) and I believe you can attempt to get the builder present via Consumer Affairs or get them give their opinion. I believe these to be easier paths and the results have been most unsatisfactory to all 6 clients of mine who took one of these paths. The reason is that they have hidden rules one being not to define defect. The word conciliate means act as mediator in a dispute and also means make someone calmer. All sound wonderful, but is of very little use if they have no definition of defect. Normally you get a building consultant to do this report. Make certain you first ask such a person if he/she gets on the roof, inside the roof and under the timber floor if applicable and if so on what conditions. Most do not get on the roof and many do not get inside, so they won't find much. Next make certain they have a definition of defect that includes the Guide to Standards and Tolerances you mentioned. The code for building inspections has a pathetic definition and Consumer Affairs has a different one liner definition. But the Contracts Guarantee Act 1995 tells you much more and states that a definition must contain at least all implied warranties... which include good workmanship, compliance with standards and manufacturer requirements and the building permit documents to name the main ones. There are sometimes more than that. Hope this helps you get off to the right track, Leonardo_23 Re: How do I get my builder to fix his defective work? 9Sep 13, 2014 8:14 am Leonardo, are you referring to the civil lists claims where you can lodge claims under $10,000 (no legal representation there)? Over $10,000 the Builder can bring a lawyer ("an agent"). Re: How do I get my builder to fix his defective work? 10Sep 13, 2014 10:52 am kats if I may call you by your first name, I believe the amount increased to $15 000 a solicitor informed me, but if it's still $10 000 it's nowhere near enough. The court used to be called Small Claims Tribunal, but may be now the generic name Civil (list claims) Court... it is certainly Civil and not criminal although what some builders chuff out is virtually "criminal". I have also seen lawyers used under $10 000 on one of my cases on abysmal roof tiling job. What cannot be charged against either side is the legal costs. Everyone bears their own costs. In VCAT where legal costs are heavy sometimes one side bears most of them based on 3 parameters including the amount awarded must be substantial... and there is a precedent... one of my clients went to Supreme Court to make that happen... stubborn man who defended what he saw as his rights... and good on him I say Leonardo23 Unless there were unforeseeable issues with the site, I dont think you should have to pay for contractors errors or poor planning. I'd probably try and be reasonable and… 5 4527 "Losers" "humanity" "off time" "your" "top notch" "love symbol" Sounds like ponzo is done using other people's toilets 36 23886 Hey guys, what’s everyone opinion on James Hardie linea direct fix to frame? Would this be the most common method and anybody ever had any problems down the track? 0 5143 |