Browse Forums General Discussion Re: Conflict of Interest 4Jul 09, 2019 7:13 pm Ozgarden Isn't there a conflict of interest when a builder owns the company that does the inspections and certifies his work? I hope that this is rhetorical, not factual. . 3in1 Supadiverta. Rainwater Harvesting Best Practice using syphonic drainage. Cleaner Neater Smarter Cheaper Supa Gutter Pumper. A low cost syphonic eaves gutter overflow solution. Re: Conflict of Interest 5Jul 09, 2019 7:16 pm Ozgarden I guess he's managed to get away with it, but oh so wrong. Finding that out today really answers a lot of questions about recent events for me though. Depending on where you live, private certification is an arrangement established by your Council or development authority. Ultimately, they are still responsible for the certification outcomes, so you should raise the issue with them. They may be aware, but it certainly shouldn’t be allowed. Re: Conflict of Interest 6Jul 09, 2019 7:18 pm In general, only plumbers and electricians are responsible for their own certification, and I guess they must be subject to some for of regulation or random checking. I've never heard of this being extended to builders. Re: Conflict of Interest 7Jul 09, 2019 7:59 pm My clients don't have a problem with me doing and certifying my own work... In Fact they prefer it that way Here society trust engineers Professions Survey 2017 Engineers certify their own work as others such as Building Surveyors, Architects, Builders aren't qualified. Basically, It's (Engineering) not covered in the woefully inadequate DIY NCC. Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs Re: Conflict of Interest 8Jul 09, 2019 8:27 pm SaveH2O Ozgarden Isn't there a conflict of interest when a builder owns the company that does the inspections and certifies his work? I hope that this is rhetorical, not factual. . No, factual. I looked up the ABN of the certification service who are supposed to have done the inspections, including the final one. Same address as the builder and he is listed as the 'organisational representative.' Re: Conflict of Interest 9Jul 09, 2019 9:45 pm Ozgarden No, factual. I looked up the ABN of the certification service who are supposed to have done the inspections, including the final one. Same address as the builder and he is listed as the 'organisational representative.' Ethically, this is so wrong! I'm just lost for words at the moment. 3in1 Supadiverta. Rainwater Harvesting Best Practice using syphonic drainage. Cleaner Neater Smarter Cheaper Supa Gutter Pumper. A low cost syphonic eaves gutter overflow solution. Re: Conflict of Interest 11Jul 10, 2019 7:42 am Building Act in Victoria specifically prevents Building Surveyors from having a pecuniary interest in the project, so in VIC it would be illegal. I think it would be reasonable to assume there are similar provisions in the other states. Ozgarden, you have not provided sufficient detail for a meaningful response. Foremost Building Expert in Australia,assisting with building problems/disputes, building stage inspections,pre-contract review advice for peace of mind 200 blogs http://www.buildingexpert.net.au/blog Re: Conflict of Interest 12Jul 10, 2019 7:53 am It is difficult to provide sufficient detail without providing names. I've had major issues with drainage around the waffle slab since moving in. Photos of construction show water around the slab then and it wasn't addressed. About a month after handover when I complained to the builder about a couple of matters he turned up with the 'certifier' who actually seemed to be visiting the block for the first time. This was a quick walk around and glancing into rooms. Then he asked the builder if he had any certificates with him. I've asked the builder for our Form 21 Final Inspection and the other certificates of inspection but am not getting a response. In Qld you are not legally supposed to inhabit a new dwelling without the Form 21 being completed. The whole interaction with the certifier made me suspicious and then an engineer inspecting my block told me the builder owns the certification company so the certificates wouldn't be valid even if I got them. So I did the ABN lookup for the certification company and discovered it is registered to the same address as the builder and he is listed as the 'organisational representative.' The civil engineer also suggested I contact QBCC and get an inspector he knows is very pedantic about his work to have a look around. Re: Conflict of Interest 13Jul 10, 2019 8:17 am Ozgarden The whole interaction with the certifier made me suspicious and then an engineer inspecting my block told me the builder owns the certification company so the certificates wouldn't be valid even if I got them. So I did the ABN lookup for the certification company and discovered it is registered to the same address as the builder and he is listed as the 'organisational representative.' The civil engineer also suggested I contact QBCC and get an inspector he knows is very pedantic about his work to have a look around. You would do best not to name individuals Engineers respect the term "Duty Of Care" unlike other building professionals? The irony is Queensland has strict engineering regulations, but poor building inspection licensing Regulations National Regulations can't come quick enough, the question arises who would you trust above all to check and monitor your House, engineers are the obvious choice Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs Re: Conflict of Interest 14Jul 10, 2019 8:51 am Ozgarden It is difficult to provide sufficient detail without providing names. I've had major issues with drainage around the waffle slab since moving in. Photos of construction show water around the slab then and it wasn't addressed. About a month after handover when I complained to the builder about a couple of matters he turned up with the 'certifier' who actually seemed to be visiting the block for the first time. This was a quick walk around and glancing into rooms. Then he asked the builder if he had any certificates with him. I've asked the builder for our Form 21 Final Inspection and the other certificates of inspection but am not getting a response. In Qld you are not legally supposed to inhabit a new dwelling without the Form 21 being completed. The whole interaction with the certifier made me suspicious and then an engineer inspecting my block told me the builder owns the certification company so the certificates wouldn't be valid even if I got them. So I did the ABN lookup for the certification company and discovered it is registered to the same address as the builder and he is listed as the 'organisational representative.' The civil engineer also suggested I contact QBCC and get an inspector he knows is very pedantic about his work to have a look around. There is enough in your synopsis to warrant investigation. I strongly suggest you contact your Council to discuss the matter (where you will be able to use actual details with impunity) so you can understand the facts. It might surprise them or not, and you can determine your next steps based on that reaction. I'm fairly certain you are not going to get much more here. Re: Conflict of Interest 15Jul 10, 2019 9:28 am arcadelt I'm fairly certain you are not going to get much more here. Nonsense, Make Sure you have full engineering documentation, photos and relevant data, measurements and proofs and ask questions Start monitoring your slab for movement..chances are your build has been compromised please post back as your posts also helps others.OT think of it as your "duty of care" to inform others Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs Re: Conflict of Interest 16Jul 10, 2019 9:37 am Ozgarden Ethically wrong. But is there actually any legal reason why it can't happen. There must be a loophole allowing this in Qld or surely it wouldn't be so? I am in Vic, you need to do your own investigation and also write to the QBCC with full details. Builders are very good at exploiting loopholes and one must ask the possible/probable motives as to why the builder owns the secondary company. It really doesn't say much for those employed in the secondary company and how many other builders would knowingly employ Building Surveyors and Building Inspectors from a rival company? Family and friends maybe? The whole thing raises many questions. If there ever is a Royal Commission into the building industry that primarily focuses on consumer protection in the terms of reference, examples like this should be presented. Will that ever happen? Most probably not with the current Australian political 'leadership' (cough) but calls for one are growing louder each passing day. 3in1 Supadiverta. Rainwater Harvesting Best Practice using syphonic drainage. Cleaner Neater Smarter Cheaper Supa Gutter Pumper. A low cost syphonic eaves gutter overflow solution. Re: Conflict of Interest 17Jul 10, 2019 4:35 pm StructuralBIMGuy Nonsense, Make Sure you have full engineering documentation, photos and relevant data, measurements and proofs and ask questions With all due respect, we are not going to solve this issue - only the duly appointed authorities have the power to do that. StructuralBIMGuy ...please post back as your posts also helps others.OT think of it as your "duty of care" to inform others However, OP, I do agree it would be helpful to post the outcome back here. Re: Conflict of Interest 18Jul 10, 2019 6:23 pm I have a hopefully independent building inspector coming in the morning. The civil engineer believes the water table has been contaminated by leaking septic tanks/trenches in the area and this is contaminating the water that backs up from the street and through my block. He advised me to contact the local member as little can be done to improve drainage from my block until the council does something about the street and provides somewhere for the water to go.. The local member replied within an hour of getting my email and said the photos were 'terrible' and he would be discussing it during a meeting he was having with the council CEO this afternoon. He told me to keep updating him on progress with the council. He also asked about who the builder is and I told him some of what I've experienced. Interestingly I got a ladder today and as I suspected there was nothing covering the downpipes to prevent debris, leaves and mozzies entering the rainwater system to the tank. I also noticed that probably 90% of the roof fixings have the washer squashed out to one side or it is completely broken so the hole isn't sealed at all. Others haven't even been screwed in enough for the washer to touch the Colorbond. Not good on a skillion roof with a low slope. I think I vacillate between despairing when each new defect is uncovered, to a glimmer of hope when I think someone is going to help. Funny how the small amount of our almost new furnishings being almost demolished by the removalist and our new lounge suite arriving filthy, wet and with grease over it has now become a non-issue and one battle that we aren't even going to bother fighting. It is almost nothing in comparison to what is going on with our new home. Re: Conflict of Interest 20Jul 10, 2019 7:37 pm Ozgarden Was just speaking to a relative who works for a real estate agent who is in this region. He said it is quite common for builders to own the companies who do their certification!!!! That is scandalous. I'll check this thread when I wake up in the morning to make sure it is real. 3in1 Supadiverta. Rainwater Harvesting Best Practice using syphonic drainage. Cleaner Neater Smarter Cheaper Supa Gutter Pumper. A low cost syphonic eaves gutter overflow solution. |