Browse Forums General Discussion 1 Jul 20, 2012 8:42 am Good morning all, Im just wondering what the best avenue is to resolve issues with a builder, is Consumer affairs my best option? The basic issue is that the rangehood wasnt installed properly, it fell out of the cavity and damaged the cook top. The builders are trying to wash their hands of it, (we have already brought it to their attention and discussed but they are now not returning phonecalls) we believe they should possibly give some sort of compensation for the damage caused. Any thoughts appreciated, cheers Re: Avenues for resolving issues with a builder (Victoria) 2Jul 20, 2012 10:15 am Cant help you much because Im in SA but Ive heard Vcat mentioned a lot so try Googling them Arfur Re: Avenues for resolving issues with a builder (Victoria) 3Jul 20, 2012 10:32 am After a bit of round and round i eventually got onto consumer affairs Vic, yes they are the authority in Vic to go through for issues. A letter to the builder initiatally stating a deadline for a response, then lodge application with consumer affairs. Cheers Re: Avenues for resolving issues with a builder (Victoria) 4Jul 20, 2012 10:44 am Good to know, I would have said vcat as well, they are more of tribunal (hence the t) and sit down with you and the other party talk about it and make rulings that so and so must do xyz by x. Vcat is the Victorian civil and administrative tribunal, they do deal with residential building, but not if you buy a product and it's faulty, that's more consumer affairs! 2 Re: Avenues for resolving issues with a builder (Victoria) 5Jul 21, 2012 8:06 am There are avenues to go through vcat, however, the Building comission is the best avenue. I was advised to lodge action through vcat...this was bad advice and was so glad we did not do it. Had we lost our claim, we would then have to find a way where the vcat judge had made a wrong claim under law, then it would be off to the courts... Re: Avenues for resolving issues with a builder (Victoria) 6Jul 21, 2012 9:01 am Consumer Affairs Victoria is a free dispute mediation service but has no power to enforce. Building Commission will do a defect report and recommend builder rectify defects but has no power to enforce. BC has the option to refer builder to Building Practitioners Board for disciplinary action but almost never does and when it does BPB is far too lenient. Builders know this and often ignore the process. I get calls from people who have tried the above and ended up in a dead end street. 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: Avenues for resolving issues with a builder (Victoria) 7Jul 21, 2012 10:37 am building-expert Consumer Affairs Victoria is a free dispute mediation service but has no power to enforce. Building Commission will do a defect report and recommend builder rectify defects but has no power to enforce. BC has the option to refer builder to Building Practitioners Board for disciplinary action but almost never does and when it does BPB is far too lenient. Builders know this and often ignore the process. I get calls from people who have tried the above and ended up in a dead end street. That should instill the OP with confidence as yet more of your doom and gloom and negativity is spread. Arfur Re: Avenues for resolving issues with a builder (Victoria) 8Jul 21, 2012 4:44 pm I don't know what fairyland Arfur lives in but i am at the coalface of building problems and have been so for at least last eight years. I just call it the way I see it and most of the time it's not pretty but not always. Just this week I inspected a beautiful home and the fix was the best I have seen (and I said so) and the home a credit to the builder. However I did frame and pre plaster inspection and there were dramas but because we did jump up and down early on builder actually pulled up his socks and did a good job. What also helped was that my client is a solicitor and the builder knew what was to come if the job wasn't right Perhaps you can call Arfur and get him to help you with your problems and you also will end up in a dead end street. Yes I do see terrible building problems and it is doom and gloom for people whose investment is ruined but it does not have to be that way. Your investment is far too important to rely on the builder in blind trust. You must control your build and the most cost effective way are independent stage inspections at critical points. If you don't then read my blogs and your home may be the next feature. 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 Avenues for resolving issues with a builder (Victoria) 9Jul 22, 2012 12:20 am Building Expert, you still haven't provided any help to the OP. It is unlikely that a building inspector is going to pick up on a rangehood that wasn't properly secured and thus, consequently fell down later on. Essentially my understanding of what you wrote is there's no point in taking legal action but if you got a building inspector during construction, the house would have been perfect. As a 'building expert' shouldn't you provide constructive advice or not even bother posting up what you have. To the OP good luck, hope you get it sorted. Re: Avenues for resolving issues with a builder (Victoria) 10Jul 22, 2012 2:38 pm JB1 makes some good points Firstly, yes it is unlikely that OP's problem would have been picked up at final inspection because it is a latent defect and there are no guarantees even if you are using competent inspector for stage inspections. This is so because it is critical point inspection and not monitoring all of construction all the time. Secondly, there is no guarantee even if you have independent inspector if your builder is incompetent, doesn't care or is simply a rogue. All it is, a best chance to control your build and reduce your risks, and most of the time it works well and most of the time builders respond well. JB1 is right I should have been more direct with advice as to what OP should do. By all means go with Consumer affairs and there is a good chance builder may respond better than it does now and you may come out of it with a satisfactory outcome. If you have exhausted your chances and there is no satisfactory answer you can lodge a small claim with VCAT and that can work well (inexpensively) with simple claims. OP should read all available information on respective agencies web site. Thank you for your comment JB1 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 For reference, this is the Austlii reference. My take on this is, that they would be breaking the law denying access to a homeowner in Victoria, or their agent from having… 1 9070 Hey everyone Not for me or anyone I know, just generally interested. For a single allotment house, are you allowed to take the fence on both sides of your house and… 0 20877 |