Browse Forums General Discussion Re: re: taking delivery of a new home - defects rectificatio 14Jan 28, 2017 10:27 am Hi qebtel, I sent an 'important notice' to the builder to agree to remove the clause that limits defects liability to 13 weeks and one report. Last Friday the builder formally refused. So I guess this issue will end up in the NSW Civial & Adminstrative Tribunal. I send a note to HIA which clause the builder is relying on. I provided feedback that it appears to be at odds with statutory warranty obligations. So it looks like an industry wide issue they should be looking into. Jaya Re: re: taking delivery of a new home - defects rectificatio 15Feb 15, 2017 11:15 am Everyone should relize HIA and similar groups are there mainly for the builders, not the consumer, and the old line, it's a standard HIA contract really means, jackshiit for home owners. Re: re: taking delivery of a new home - defects rectificatio 16Mar 13, 2017 5:35 am Hi everyone,
I would like to share with this forum advice I received on defects rectification / maintenance and warranty periods that my builder appears to be misrepresenting. 1. The contract (in general) defines maintenance period and it relates to relatively minor cosmetic (as in not functional) defects that needs to be fixed by the end of the contractual relationship. This is usually stated as 13 weeks or 90 days defects rectification period in NSW Office of Fair Trading Contract or maintenance period in my builder's contract. 2. The law (in NSW, the Home Building Act 1989) defines warranty period as 6/2 years for major/other defects. My builder represented to me that anything other than structural defects must be provided in one list and at the end of the 90-day maintenance period. This cannot be true as under the warranty clause in the Act, any work that is not in accordance with the plans and specifications set out in the contract is covered by statutory warranty. For example, they did not install first flush diverters or non-return valves in my storm water detention system as required in the specifications set out in the contract. My builder is treating this as a maintenance issue. One of my air-conditioner ducts is coming from first floor roof to ground floor through 90mm gyp rock walls. Yes unbelievable you would say. Another outlet is in the middle of the living area when it is supposed to be near the entrance some three metres away. Again my builder is treating this as a maintenance issue. The list of defects that falls under the statutory warranty continues. I am assuming that anything that is functional (as in not cosmetic) is covered by statutory warranty and I am not restricted to raising it within the 90 day period and as one list. I am wondering if this is the right approach. Jaya Re: re: taking delivery of a new home - defects rectificatio 17Mar 13, 2017 3:25 pm Hi Jaya You are correct in relation to the statutory warranties under the Home Building Act. In NSW, the builder is responsible for minor defects for a period of 2 years after practical completion of the dwelling and for 6 years for major defects. Taking a note of any issues that may arise in the first weeks or months after handover then compiling a single list at or close to the end of the first 90 days makes it easier for the builder to keep track of the items that he is required to come back and fix (as opposed to receiving multiple notifications of issues as they arise). Also, it is likely that most of the minor issues will be noticed as you begin to live in the house. If this is the builder's preferred way of attending to the initial issues, it is usually a good idea to stick to that method, however you can raise minor defects (and expect to have them fixed in a timely manner) any time within the first two years after completion. In relation to major defects, I would suggest raising these with your builder as soon as you become aware of them. They are covered under statutory warranty for 6 years after completion. The Home Building Act defines a major defect as: (a) a defect in a major element of a building that is attributable to defective design, defective or faulty workmanship, defective materials, or a failure to comply with the structural performance requirements of the National Construction Code (or any combination of these), and that causes, or is likely to cause: (i) the inability to inhabit or use the building (or part of the building) for its intended purpose, or (ii) the destruction of the building or any part of the building, or (iii) a threat of collapse of the building or any part of the building, or (b) a defect of a kind that is prescribed by the regulations as a major defect. Hope this helps. GM. Re: re: taking delivery of a new home - defects rectificatio 18Mar 17, 2017 10:53 am jayasooriah For example, they did not install first flush diverters or non-return valves in my storm water detention system as required in the specifications set out in the contract. My builder is treating this as a maintenance issue. Jaya Hi Jaya So what did they submit to the council's engineering dept regarding stormwater compliance? Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs Re: re: taking delivery of a new home - defects rectificatio 19Mar 17, 2017 4:48 pm Hi StructuralBMGuy, In my case it is builder appointed private certifier. It appears the certifier was provided with the necessary certificates and was unaware the stormwater drainage system was not compliant. The builder handed keys to me on 19th December 2016 without an occupation certificate despite my insistence they provide one. On taking possession I noticed the detention pit did not have weep holes (4 x 90mm) at the bottom, no strainers, no hinged cover secured with childproof J-bolts and no outlet to the kerb. All of these are shown on the approved stormwater plans. I asked the builder for works as executed plans that I was charged for in the contract but not provided. The builder refused claiming the charge will be refunded. When my electrician hand digged the area where the infiltration pit is supposed to be he didn't not find any. I got the certifier involved. I have a letter from the certifier to the builder dated 31st January 2017 that states that hydraulics engineer must provide a certificate in respect of the drainage system prior to issue of interim Occupation Certificate. I authorised the builder to connect the drainage system to the street to prevent flooding, and expressly forbid any further works to the rain/storm water system until works as executed plan issued and an independent inspection carried out. In the pretext connecting the drainage system to the kerb, the builder fixed the storm water pit, and had his storm water consultant inspect and issue an interim certificate based on which an interim Occupation Certificate was issued on 9th February 2017. The builder is still refusing to provide works as executed plan. I believe this is because there are substantial omissions underground. I reported the matter to our Office of Fair Trading. A site inspection and meeting is scheduled for 10th April. In the meanwhile I don't have access to the rainwater tank and it is turned off at the mains. Jaya Re: re: taking delivery of a new home - defects rectificatio 20Mar 17, 2017 5:14 pm Hi GM, What you say concurs with the advice I got from a community legal center. However my builder has very different views. On practical completion date alone the builder claims there are multiple dates: for purposes of extension of time it is 19th September 2016; for purposes of the completion inspection it is 27th October 2016; for purposes of handover it is 19th December 2016; for purposes statutory warranty it is 31st January 2017; and I am waiting for another one to be declared as the practice completion advice to HCBF has since been reversed. Jaya Unless the room is for storage then it's non compliant BCA V2 2019 S3 P3.8 You have 2 options 1. The builder deconstructs the section and rebuilds as per plan /… 7 10610 The fastest thing a builder will do is bank your cheque, those systems work perfectly with lightning speed, everything else is slow burn. Just the way it is. 1 8678 Can someone please offer some advice? Im DESPERATE. Because I'm completely and utterly exhausted. How long are variations taking with other companies at the moment? We… 0 18249 |