Browse Forums Building A New House 1 Jan 12, 2010 11:07 am Hi to all who read this! I am having a few issues with my builder. Now they have come to the party on some (which is a good thing). BUT.... I have requested (4 times over 3 weeks before they got back to me) a list of all the tradies details (names and licence numbers) that have worked on my house. The reason for this is because we refused hand-over (due to both our bathrooms having to be COMPLETELY re-done, amongst a few other things). Admin have just got back to me saying that my request has been denied due to privacy reasons. I would have thought its every persons right to be able to have access to this sort of information. Do you think you should be able to know that all the tradespersons that have helped build your house are appropriately licenced? My builder stated that their own licence number is the only one they will supply me with. What do you think???? Re: Information requested from builder and denied-any thoughts? 2Jan 12, 2010 11:17 am Privacy reasons????? That only applies if you're asking for their home address and home phone numbers!! I can't see why they can refuse it (but I will say I have NO legal experience) but I'm just going on my own personal experience and gut feeling here. Isn't it your right to ask for proof that whoever is working on your house is licensed to do such work??? I would ring up the building authority in which ever state your in, sorry I didn't look before I posted. If they want to throw that at you, through FOI (freedom of information) back at them. Re: Information requested from builder and denied-any thoughts? 3Jan 12, 2010 12:12 pm Thanks Frogger, FOI was going to be my next email header - then my next port of call after that will be the HIA. I'm wondering if anyone else has ever requested this information from their builder and, if so, how did they respond?????? Re: Information requested from builder and denied-any thoughts? 4Jan 12, 2010 12:37 pm I thought that only electricians and plumbers had to be licensed (and the builder). From what I understand anyone can call themselves a carpenter or bricklayer. Demolition August 2009, Construction Started September 2009, Completed December 2010 Re: Information requested from builder and denied-any thoughts? 5Jan 12, 2010 12:59 pm Hi issy, You may want to consider checking your contract in regards to exactly what it says in relation to the builder and their ability to sub-contract works. As well as if you have a clause (such as in the standard HIA) which to paraphrase 'you may not instruct, contact etc the sub contractors else you are in breach of the contract. Privacy reasons sounds a little suss, but that said for commerical reasons in all honesty they wouldn't be required to divulge the contact details for their sub-contractors as in terms of binding legal agreements, you only have one with the builder, then they have seperate individual agreements with their sub contractors, you have no legal agreement with the sub-contractors directly. Or at least that is my layman's understanding. If your having difficulties with the builder then really the buck stops with the builder and your recourse is only towards them, its their building licence which covers all the works along with there would be i expect a clause or document that says that the builder will provide works to building act 1983 compliance and they assume the burden that all sub-contractors are relevantly qualified and capable of adherring to the relevant standards. Again i'd personlly be checking the contract over before pushing things as the last thing you want to happen if your having difficulties is for the builder to pull you up on a technicality, eg Instructing a contractor when its specifically outlined as constituting a breach. Our Build - Places Fairhaven 23+ - https://forum.homeone.com.au/viewtopic.php?f=31&t=28045 Our Landscaping - Belial's Backyard - https://forum.homeone.com.au/viewtopic.php?f=19&t=45375 Re: Information requested from builder and denied-any thoughts? 6Jan 12, 2010 1:43 pm Would the BSA have a say in this? Give them a call, even just for information. They are on your side. Re: Information requested from builder and denied-any thoughts? 7Jan 12, 2010 1:58 pm Thanks for the insight Belial, I will check out my contract. Nathan SteelFab Would the BSA have a say in this? Give them a call, even just for information. They are on your side. What and who are the BSA? I haven't heard of this term. Re: Information requested from builder and denied-any thoughts? 8Jan 12, 2010 2:05 pm issy jo Thanks for the insight Belial, I will check out my contract. Nathan SteelFab Would the BSA have a say in this? Give them a call, even just for information. They are on your side. What and who are the BSA? I haven't heard of this term. http://www.bsa.qld.gov.au/Pages/default.aspx Quote: Building Services Authority (BSA) is a statutory authority established under the Queensland Building Services Authority Act 1991. BSA's charter is to regulate the building industry through the licensing of contractors, educate consumers about their rights and obligations, make contractors aware of their legal rights and responsibilities, handle disputes fairly and equitably, protect consumers against loss through statutory insurance, implement and enforce legislative reforms and where necessary prosecute persons not complying with the law. Re: Information requested from builder and denied-any thoughts? 9Jan 12, 2010 2:21 pm http://www.bsa.qld.gov.au/Pages/default.aspx Quote: Building Services Authority (BSA) is a statutory authority established under the Queensland Building Services Authority Act 1991. Would this be for Queensland only or are they Australia wide? Re: Information requested from builder and denied-any thoughts? 10Jan 12, 2010 2:35 pm Victorian equivalent is the Building Commission. http://www.buildingcommission.com.au/www/html/7-home-page.asp Our Build - Places Fairhaven 23+ - https://forum.homeone.com.au/viewtopic.php?f=31&t=28045 Our Landscaping - Belial's Backyard - https://forum.homeone.com.au/viewtopic.php?f=19&t=45375 Re: Information requested from builder and denied-any thoughts? 11Jan 12, 2010 2:55 pm Belial Victorian equivalent is the Building Commission. http://www.buildingcommission.com.au/www/html/7-home-page.asp Do you know who the south australian equivalent is? Issy is based near Adelaide according to the info section near poster names at the side of each post... Re: Information requested from builder and denied-any thoughts? 12Jan 12, 2010 3:37 pm Privacy and commercial confidentiality are absolutely correct: you have no right to know which tradies the builder uses as they are sub-contractors to the builder. Your contract is ONLY with the builder themselves. If you feel that the builder used unlicensed tradies, then that would be a breach of the standard HIA contract (AFAIK). Not sure how you'd go about proving that though. Also, FOI does not apply to private companies: it refers to the ability of a citizen to access information from government agencies. You could use it to get information from your local council, though. Re: Information requested from builder and denied-any thoughts? 13Jan 12, 2010 3:48 pm Hi Issy, Sorry to hear your're having such trouble from them. I've approached just about every tradie working on our house and asked them for there card. My parents are renovating and so are getting quotes from them, and getting them to do some of the work for them. I know we are using the same builder, and I have to say all the cards I have gotten so far have had Licence numbers on them. You have to remember that not only does the builder subcontract out some parts of the work, but that person also subcontracts out work. In respect to the tiling for example, it is done by North Adelaide tiling, but that is actually 1 guy who subcontracts out to other tilers. So the builder could tell you that the contract was given to North Adelaide tiling, but they then passed it on to someone else. Re: Information requested from builder and denied-any thoughts? 14Jan 12, 2010 4:41 pm Your contract is with the builder and they are responsible for making sure that all work complies with standards and government regulations. I doubt they're under any obligation to give you the information you want. In Vic, any electrical or plumbing work has to be done by a licenced tradesperson, and we get a certificate of compliance stating what was done, who did it and details of their licence number. If anything goes wrong though, it's the builder who has to sort it out under their warranty. I imagine the process is similar in most states. As far as I'm aware, FOI doesn't apply to private businesses. This is from the SA govt website: Quote: The FOI Act gives you a legally enforceable right of access (subject to certain restrictions) to documents held by government. The FOI Act allows you to: ■request access to documents in the possession of a State Government Agency, Local Council or University ■request the amendment of documents that relate to you which are incomplete, incorrect, out-of-date or misleading ■seek a review of a decision made by a State Government Agency, Local Council or University. It does not apply to private businesses or organisations in South Australia. http://www.archives.sa.gov.au/foi/index.html#What_is_Freedom_of_Information_ Edit: just spotted Djelibeybi's post...oops. If you have a dispute about the work or the contract, the Building Commission is a good place to start. They were helpful when we had some issues. http://www.buildingcommission.com.au/www/html/1767-who-can-i-contact.asp Re: Information requested from builder and denied-any thoughts? 15Jan 12, 2010 8:44 pm Thanks guys,this all makes sense now . I understand that it all ****** under the builders licence and I just hope that they do the right thing and check that their subbies and their subs subbies are appropriately licenced! I must admit they were excellent about their tiling company having to re-do the bathrooms so I shouldn't b!tchh too much, but then again how could two so-called experienced tilers bugger them up so badly! Re: Information requested from builder and denied-any thoughts? 16Jan 12, 2010 9:14 pm Sorry, not sure who commented but...what sort of 'cards' are you talking about? The only cards I know of that tradies have are their red cards (which are just to prove they have done their OHS training). As the others have mentioned, you will get your plumbing & electrical compliance certificate when you handover which will have their licencse numbers etc on there. Re: Information requested from builder and denied-any thoughts? 17Jan 12, 2010 9:29 pm I just thought all tradies had to be licenced (not just electricians and plumbers). I didnt think you would be able to 'brick' a house or 'frame' a house or 'concrete' a house if you weren't properly licenced. It looks like being "qualified" and being "licenced" are the same thing( but I wouldn't have thought so myself). I will try to have utmost faith in my builder! Re: Information requested from builder and denied-any thoughts? 18Jan 12, 2010 10:22 pm MBBN Sorry, not sure who commented but...what sort of 'cards' are you talking about? The only cards I know of that tradies have are their red cards (which are just to prove they have done their OHS training). As the others have mentioned, you will get your plumbing & electrical compliance certificate when you handover which will have their licencse numbers etc on there. I meant there business cards As title suggests, looking at using the interlocking Pentablock stacked stone products to replace failing timber retaining… 0 11126 0 2181 We are at the stage on our build in Kilcoy, Queensland where we need to get our fencing installed but we cant get any contact details for our neighbours to give them… 0 2794 |