Rain. Neighbour. Adelaide build. HELP

Cook2091 · May 23, 2016 1:37 pm

Good afternoon guys I have a quick question for you.

I got a call from our neighbour to be today claiming that his house has been flooded because of our build. Our build is at lock up stage and we haven't done stormwater as we are planning on doing this ourselves after the build (to save money of course). Our neighbour subsequently called our builder as the sign was out the front and the builder has told him to call us to sort it out.

Where do we stand with this? Is it out responsibility to pay for any water damage incurred to our neighbours property or is it the builders problem as the house is still under construction?

Any help would be greatly appreciated!!

Gunna · May 23, 2016 4:29 pm

Cook2091

Good afternoon guys I have a quick question for you.

I got a call from our neighbour to be today claiming that his house has been flooded because of our build. Our build is at lock up stage and we haven't done stormwater as we are planning on doing this ourselves after the build (to save money of course). Our neighbour subsequently called our builder as the sign was out the front and the builder has told him to call us to sort it out.

Where do we stand with this? Is it out responsibility to pay for any water damage incurred to our neighbours property or is it the builders problem as the house is still under construction?

Any help would be greatly appreciated!!

The builder is supposed to have temporary downpipes in place I though as part of AS2870

bashworth · May 23, 2016 7:43 pm

it sounds like you have accepted responsibility by saying in the contract with the builder, you will deal with the stormwater.
In my opinion this is something that should have been done before the building started.

shellby · May 23, 2016 9:43 pm

I think your going to have to pay, I'm surprised council allowed the build to happen without storm water provisions in place - I know here you are responsible for water that comes off your land and you must have drainage in place. On my estate each block has its own stormwater drain in the corner of the block with each lot running to it for run off - our council is fairly strict with water run off.

I think with having it removed from your building contract your going to find it will be your responsibly.

TomCat · May 23, 2016 10:50 pm

Here's how I'd manage this if I were in your situation ... The builder knows what he's doing / what could happen. They are responsible for the site until you accept. Take note of Gunna's post.

Our builder did not do our stormwater, told us to do it ourselves after the build. We knew no better. If we did, we would have made them. I now believe it's a basic, essential thing.

Not your problem/fault. So, tell them to call your builder (again). Pretty slack of your builder really

Frye · May 24, 2016 7:02 am

I completely disagree with the above post.
The OP said they're doing their own stormwater to save money - sounds like that was their choice, not a decision made by the builder.

This is exactly why builders won't let owners do any work themselves, the owner wants to save money by bypassing the builder but still wants the builder to take responsibility/have liability - can't have it both ways.

If the decision was made by the owner to take responsibility for stormwater, then surely that becomes their responsibility. How is it on the builder when there's an issue?

Marshall5858 · May 24, 2016 7:32 am

Ahh Cook, sorry to hear this. It's actually made me a little worried about our build too. Simonds flat out will not do our Stormwater unless we have them do concreting around the whole perimeter of house. The trouble it, we don't want concrete, therefore the Stormwater will be done afterwards, with the paving. Other than giving in and having concrete, what is the way round this?

Gunna · May 24, 2016 8:38 am

There is a difference between the homeowner doing stormwater after hand over and the builder putting in temp stormwater. The builder is still required to use temporary stormwater drainage, as an owner you aren't allowed onsite to install anything until after handover so the builder still needs to run the pipes to the required location underground and put in a temporary solution.

Saint Mike · May 24, 2016 9:37 am

How can you do it after - if nothing done. wouldn't this be a lot of work.

It must be cheaper for builder to do it ?

I feel Gunna's right - to a degree.

BUT - are you talking run-off from the roof and house ? Surely any rain is the same run off unless it has been directed to a certain spot - thus making the builder responsible to some degree.

oneJohn · May 24, 2016 10:55 am

South Australia seem different to other states in that it's normal that the builders don't include stormwater connections in their contracts. They just do the downpipes and expect stormwater to be connected to the street after handover, or as an extra cost option.

I would have thought that unless there was some special provision for you to do it in the contract, the builder would be responsible to not create runoff during the build process. Ultimately though, as a landowner you may be responsible to not engage a build process that is likely to create damaging runoff.

TomCat · May 24, 2016 1:15 pm

Frye

If the decision was made by the owner to take responsibility for stormwater, then surely that becomes their responsibility. How is it on the builder when there's an issue?

I respect your right to disagree, welcome it

I suggest it's builders problem because they are responsible for the site now until handover. They could have (and responsible builders do) installed temporary plastic sleeves. Bedides they KNOW what can happen, it's their profession to know. The OP is just thinking it's a matter of digging a few trenches after. They don't have the experience to project implications. Builder should have pointed that out and should have added a clause to contract absolving themselves from damage should any flooding occur on site because they relinquished that responsibility to owner. That's what professionals do - why you pay for their professional service and advice that goes with it. Any lawyer would find this an easy case but OP shouldn't have to go to those lengths.

My builder didn't ask me if I wanted to do my own stormwater. No I did not want to but I didn't know better / They conveniently left it out. My site was flooded around the foundation for weeks. Because someone noticed and said it was bad, I asked them to connect temporary sleeve pipes. How would I know this would be an issue? In fact I am beginning to think maybe some builders don't want the responsibility of SW because it can have major implications down the track. (Thinking of that 'slab heave thread).

If I were in OPs position I would stand my ground on this for sure. Based on the builder's experience and knowledge, it's wrong they pushed it back on him and IMHO negligent. If I had to I'd take this to court myself. But I'd start with a visit to local council. Yes do that Cookie - they are your local stormwater authority, I'm sure they will give you the facts you need to serve back to the builder.

Marsh MAKE them do it. We said no way would we ever have it left out if we build again. Something fishy here.

TomCat · May 24, 2016 1:24 pm

Oh yeah Marsh ... Could it be only if concrete goes down ... Because you can't see under concrete/not easy to investigate? Sounds wrong

Cook2091 · May 24, 2016 1:41 pm

Thanks guys the other half went to Bunnings and got some temporary cladding for the entire area and fitted it around the house. $45 dollars out of pocket but hey at least it seems to be ok at the moment.

I honestly thought that it was the builders requirement during the build to fit something temporary but for the cost of $45 it isn't even worth the war of words that could ensue (you all know what I mean).

The problem itself seems to be as our foundations and roof pitch is higher than that of neighbours a lot of water has crept into their property (apparently) because of our build. If that is the case then I am assuming there must be tinniest of slops on our block (our footings were fixed at 15k so the block is as level as a block can be).

Unfortunately we haven't seen the extent of damage done to the neighbours home and when my other half was there yesterday the neighbour wasn't home so hopefully it's not too bad and now with the cladding down it doesn't happen again.

I can see where the neighbour is coming from, if the excessive water is coming from our build, then they have a right to be peeved off and have done the right thing by contacting the builder ASAP. Having not received a call from them last night or this morning I am assuming (hoping) there is no major damage and all is good now.

PS. We were told stormwater would have to be done after the build as we couldn't have trades on site until the builder is finished. STORMWATER SHOULD BE LAW and we should not be charged excessive amounts ($2500) by the builder when it costs a fraction ($500) to do yourself!

Sorry for the rant!!!

Gunna · May 24, 2016 2:07 pm

Do you have it in writing that the stormwater could not be done until after handover?

If so the builder is responsible for the site until handover and this includes stormwater flow as a temporary solution.

I am assuming you are talking about the water coming off your roof, if not you'll need to explain further. If you are and you are responsible until AFTER handover then the builder is liable for damage done until then as per their requirement for you to handle it AFTER handover.

MJT · May 24, 2016 3:06 pm

Our broker actually required stormwater to be in the contract with the rest of the house build.

We also got told it couldn't be done until afterwards. So we get the builder to do it during the process.
edit: they actually dont do it until near the end of the build. we asked about it in the builders interview and they said that if water is a problem, we can call the stormwater guy and he will come and connect it up as a matter of priority.