Darbecca cannot and will not provide a legal opinion. However ,we can note that general industry standards are not reflected in the Carlisle contract and specifications.
If you are interested in building with this builder, ask for a copy of the Contract and Specifications before investing any time into the selection process.
If you don’t understand what you are reading, then you need to seek a legal opinion before you move forward. Don’t rely upon the builder to interpret its own contract, get an explanation in writing to avoid any misunderstanding.
Section 134 Building Act makes a builder liable for various building defects for 10 years. The Regulator being the Victorian Building Authority also publish a guide which specifies what it asserts are the periods in which items should perform failing which they will be considered a defect.
Some of the Carlisle Specifications are:
- The Homeowner must maintain the waterproofing membrane. This is behind the tiles and is impossible to see. The builder must warranty work for 10 years, not 3 months as per the Building Act 1993. Seek legal advice on this item. The Victorian Building Authority states 13.02: Waterproofing of wet areas is defective if it is not installed in accordance with the requirements of the Building Code of Australia AND AS 3740. Carlisle method is NOT to AS 3740. See part 19 (d) and (e).
- Home owner must have a shower mat in front of the shower to keep your warranty. The Victorian Building Authority states 13.02: Waterproofing of wet areas is defective if it is not installed in accordance with the requirements of the Building Code of Australia and AS 3740. Carlisle method is NOT to AS 3740. You must have a mat and it must be used. See 21.1.
- Homeowner must remove all water from the area immediately after showering. The Victorian Building Authority states 13.02: Waterproofing of wet areas is defective if it is not installed in accordance with the requirements of the Building Code of Australia and AS 3740. Carlisle method is NOT to AS 3740. You must remove water after showering.
- A person that has excessive weight is not recommended to use the shower. 21.1 Part (d) (iii).
- Homeowner must have a competent person inspect the wet areas shower every 12 months. This is a Cost of about $550.00. 21.1 The Victorian Building Authority states 13.02: Waterproofing of wet areas is defective if it is not installed in accordance with the requirements of the Building Code of Australia AND AS 3740. Carlisle method is NOT to AS 3740. The burden falls to the home owner.
- Any Two Storey home with Balcony. Homeowner must inspect the Balcony every 6 months. If you are not a builder or know what you are looking for the cost is about $550.00 per visit. The Victorian Building Authority states: 13.04 Waterproof decks and balconies that leak are defective. It does require you to have a competent person inspect and report every six months to maintain warranty.
- Any Two Storey home with rendered cladding to upper level. Homeowner must inspect the foam cladding if fitted every 12 months. If you are not a builder or know what you are looking for the cost is about $550.00 per visit. The Victorian Building Authority states: 5.01 Leaks in wall cladding and accessories are defective is they leak. It does not require you to have a competent person inspect and report every twelve months to maintain warranty.
- Carlisle can change the material to build the home at their sole discretion. 27.
- Slab heave is restricted to the first 3 months of ownership. The builder must warranties work for 10 years, not 3 months. See Building Act 1993. Seek legal advice on this item.
- Any timber floor level changes are only warrantied for 3 months. Most other builders 12 to 24 months. 6.3 d The builder must warranties work for 10 years, not 3 months. See building Act 1993. Seek legal advice on this item.
- Gaps in architraves and skirts only warrantied for 3 months. Most other builders 12 to 24 months. 10.1
- Leaks to roof restricted to 3 months. Most other builders 10 years. 13.1. The builder must warranties work for 10 years, not 3 months. See building Act 1993. Seek legal advice on this item.
- Plaster nail pops to ceilings not covered in warranties. Occurs to most houses as the timber settles. Carlisle not warrantied. Most other builders up to two years. 16.4 e The Victorian Building Authority states: 9.19 Nail popping in sheeting is defective if it exist at handover or occurs within the first 24 months.
- Grout failure warrantied for the first three months only. Australian Standard is 24 months and most other builders have 24 months. 19.1 g The Victorian Building Authority states: 11.06 Grout is defective if it comes loose within 24 months of handover.
- Australian Standard for wall and floor tiling has an allowance of +-4 mm over 2 m for out of level. Carlisle state 15 mm in a bathroom or ensuite is acceptable. Greater than this only warrantied for 3 months. 19.1 t The Victorian Building Authority states: 11.09 4 mm over 2 m is the allowance. The builder must warranties work for 10 years, not 3 months. See building Act 1993. Seek legal advice on this item.
- Cabinet draws and doors margins only warrantied 3 months. Other builders 12 months. 20 b
- The homeowner MUST install a paving around the dwelling within 3 months of taking the keys. If failed to do so voids warranty. 4.2.1 k. The builder must warranties work for 10 years regardless. See building Act 1993. Seek legal opinion.
- Paving should slope away 70 mm over the first meter. 70 mm would be very difficult for the sick, infirm or elderly to walk on. The Australian Standard is 25 mm. 4.2.2 b. The builder must warranties work for 10 years, not 3 months. See building Act 1993. Seek legal advice.
These conditions are unique to a Carlisle Contract. They do not appear in other major builder contracts.