Browse Forums Building A New House 1 Nov 20, 2009 9:57 pm Some people have found problems during their builds, raised the issue with the builder and got some kind of reply or even action. For those cases where the builder refuses (excuse my English) to fix, we eventually resort to thinking "Well, if the builder is not worried, why should I be! It's the builder who warrants the build and he also provides me with X years of structural warranty, so all will be fine, he knows what he's doing and wouldn't let something go if it wasn't good and sound enough." Is this good enough and what warranty is he really providing? And what is the value of X? Here are some questions that come to my mind ... What do you think your Builder's Structural Warranty is for your new house (how many years)? How do you know this? Do you have this written in your Contract? What do you know about your warranty? Do you know what exactly is covered with the warranty? What isn't covered? What makes you sure that you understand this area correctly (if you are sure)? Do you think there are any differences between Builder's Structural Warranty and the compulsory Home Warranty Insurance? If so, what are they? When did your compulsory Home Warranty Insurance start? For example, x days before you signed the contract and x days before the actual "commencement"? (This document is attached in your Contract.) Any other ideas/questions that you can add to this issue? My signature is distracting people from my wise posts ... Re: Builder's Structural Warranty - Do You Understand it? 2Nov 21, 2009 10:00 am A very good question! The builder we're talking to is advertising a 50 year warranty (!?!? a bit sus, really). Also, there is an asterisks saying "conditions apply" - when I asked what are the conditions, they were unable to answer!! So far, I haven't been able to establish if this is truly a 50 year structural warranty. I still think the most we'd get is the 6-year compulsory home warranty insurance, regardless of what the builder promises. Actually, they would be liable for any false advertising, and that's very easy to prove as some of them are widely promoting their too-good-to-be-true warranties. Re: Builder's Structural Warranty - Do You Understand it? 3Nov 21, 2009 11:06 am Maybe there are people on H1 who actually had some post-handover structural issues. It would be interesting to hear their stories first hand. Hopefully they'd be able to explain the timeframes, the issues and how their builder behaved, etc. Anyone?? My signature is distracting people from my wise posts ... Re: Builder's Structural Warranty - Do You Understand it? 4Nov 21, 2009 12:12 pm Hi all This is a good topic and one most people no nothing about. These are the questions people ask after the sales person has your signature and just before something goes wrong. To quote a forum member Nietzche. Quote: on a playing field that's heavily tilted against the ignorant, Sorry Nietzche, Im going to be quoting this one for a while as I could not have put it better myself. Because its so true. Warranties, garentees, implied, written or statutory its, how the hell are you going to enforce them that matters. The 50 year structural warranty, as I understand it comes from the life of the building (50 years). I think it comes from the Building Act. The builders warranty insurance if for 6 61/2 years. It only covers you if the builder goes bankrupt, dies or goes missing, and then the insurance company covers it. I have been told the builder must cover his work for 10 years as per some act. Also what is structural and what is not structural. Paint starts to fall of your ceiling, sorry not structural. Cabinet doors fall off, sorry not structural. The laws, standards & codes are open to interpritation and exploitation also. If the builders say no it’s not structural what do you do then? Get his *** in court ASAP. If the job is done right we would not need these warranties or need to enforce them. I also would like to hear from other members who have had problems with warranties etc. How they got sorted out and what went wrong. Remember we are all in it together as home owners and sharing is caring. Cheers to all Have a good weekend. KW…………….. “It's just as unpleasant to get more than you bargain for as to get less” George Bernard Shaw. Re: Builder's Structural Warranty - Do You Understand it? 5Nov 21, 2009 1:03 pm Love the quote, it's so true! You can never be too educated. Also glad to see that somebody else is actually thinking about this, and along the same lines (thought for a moment that this is a very simple field and I was the only one not getting it !). Isn't this a grey, unclear area to anyone else? No experiences in claiming against this warranty either?? My signature is distracting people from my wise posts ... Re: Builder's Structural Warranty - Do You Understand it? 7Nov 27, 2009 5:41 pm Hmmmm, we either don't know much or we know so much that we consider this trivial and not worth participating in ( again) ... On another note, found a great reference to guarantee / waranty : "We guarantee that warranty is *" (quote from Choice). My signature is distracting people from my wise posts ... Re: Builder's Structural Guarantee - Do You Understand it? 8Nov 28, 2009 9:41 am Looks like it's the builder's way or the highway ... errr, I mean court (in whatever shape or form). A friend of mine is having an issue with a few years old house (cracking) and the builder is saying it's OK (settlement etc.). Articulation joints are running a short distance from the cracking ... I suppose he'll have to get his own structural engineer to assess and then possibly take the builder to court. My signature is distracting people from my wise posts ... Re: Builder's Structural Guarantee - Do You Understand it? 9Nov 28, 2009 10:04 am Well on our last house they had a 25 year structural guarantee. For the longer guarantee's the main condition is that you still live in the house. (Well it was for ours). So if you sell it, you cant or the new owners can claim on the guarantee. I think I remember thinking, gee even fi you rent it out there it goes, so it might be as soon as you move out (but how would they know?!). Basically, a longer guarantee wouldnt be the only thing I would look for in a builder because your statutory rights are the ones that are going to be most beneficial to you and thats the 6.5 yr period. I think I still have the document at home somewhere... Might have to have a read through it again for a laugh Re: Builder's Structural Guarantee - Do You Understand it? 10Nov 28, 2009 9:51 pm Hmmmmm, that's really sad ... Ms Builder, how do you know there are conditions attached to the 25 yr G? How did you get that and from who? To me, it doesn't make any sense at all that the G is only valid for the original owner - ??? Isn't it the actual building that is guaranteed, so what does it matter who lives in it? It's like making the rule that the rego on the car ceases immediately if the car is sold to someone else? Just trying to get my head around this and these unfair, unnatural, illogical, decadent, dark ages rules and laws .... . My signature is distracting people from my wise posts ... Re: Builder's Structural Guarantee - Do You Understand it? 11Dec 01, 2009 2:09 pm Wondering if anyone else knows why the guarantee is only valid for the original owner and only while the original owner is living in the house? Any legal eagles out there? Or knowledgable people? My signature is distracting people from my wise posts ... Re: Builder's Structural Guarantee - Do You Understand it? 13Dec 03, 2009 9:25 pm I don't know but it's not the first time I've heard of such a thing, ie it only applies to the original purchaser. Perhaps because the contract is only between the builder and the first owner? Perhaps it is considered too difficult to administer otherwise? Re: Builder's Structural Guarantee - Do You Understand it? 14Dec 23, 2009 2:12 pm Found something interesting - quote from a publically available doco from Dept of FT NSW: "The subsequent buyers of any property where residential building work was carried out by a contract builder, a ‘spec’ builder, an owner-builder or a developer, are entitled to the benefit of the 7-year statutory warranties applicable to the work." Also: "Under home warranty insurance, a home owner must take action (eg. initiate dispute resolution by lodging a complaint with NSW Fair Trading) to try to have the builder finish any incomplete work and rectify any defective building work. Where a home owner does not take action to enforce a statutory warranty, an insurer may reduce its liability (or the amount paid under a claim) to the extent that the insurers interests have been prejudiced as a result of the home owner not trying to have the builder complete or repair the work." You can be the judge of the rights that home owners have and where the final responsibility ****** for building defects. Owners have the freedom to choose if they are willing to make a complaint to the DoFT. My signature is distracting people from my wise posts ... That drawing’s in the old units. 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