Building Standards; Getting It Right!
Mar 13, 2012 1:56 pm
I have been having a long standing dispute with our builder. He ceased all communications with us a little over a year ago, but it has taken me till now to have the strength to pursue it further - not to mention the fact the damage as a result of his defects is getting worse.
All this aside, what I am interested in is hearing of people experiences once they have lodged a complaint with fair trading. what happened? I've read the website, but I'm interested in hearing individual experiences in order to better prepare myself for the process I am about to face.
also, do you think it is in my interest to have another building conultant's report completed prior to lodging the complaint.
Re: building disputes - experiences with nsw fair trading.2
Mar 17, 2012 1:36 pm
also, do you think it is in my interest to have another building conultant's report completed prior to lodging the complaint.[/quote]
Absolutely, we have used a building consultant in Sydney who is also an Expert Witness. I would invest the money in getting a report done by an expert witness to support your case.
We used him to review each stage of the build
PM me if you need his details
Re: building disputes - experiences with nsw fair trading.3
Apr 12, 2012 9:54 am
We are in Vic and have lodged a complaint with our equivalent of Fair Trading, Consumer Affairs and have been quite disappointed.
As it turns out they claim to have no power to enforce deadlines or promises made by the builder. They also are unable to give legal advise.
I would be also interested to hear from others who have been down this path.
I started a thread under 'General discussions' before seeing this thread.
Re: building disputes - experiences with nsw fair trading.4
Apr 12, 2012 10:05 am
I have heard this too which is why I'd been so reluctant to put the effort into taking it further.
Apparently the next level - cttt has more power - especially if the builder is still operating, but from what I can gather you have to go through fair trading first.
Good luck to all in the same unfortunate position
Re: building disputes - experiences with nsw fair trading.5
Aug 12, 2012 8:39 pm
We went to OFT twice with our builder, I would definitely have as much evidence as you can including that of another external body, you don't necessarily need it prior to lodging the form but you'd need it for the meeting.
The actual process is reasonably straight forward, once the form is lodged they call to arrange an on-site meeting. At the meeting you go through each item that is in dispute, the assessor from OFT determines what are valid items for rectification and whose responsibility it is for fixing. They mark it down on their form and everyone has to sign it agreeing to what has been written down and they give you a copy. The builder then has to rectify items classed as their responsibility. There is no way for the OFT to enforce the 'how' it is rectified. If you are unhappy with the rectification work then it is another process and ultimately if you disagree with the OFT then you're off to the CTTT. In determining whose responsibility it is - this is where the evidence is important, emails, standards and tolerances etc
Aspects of dealing with the assessor were frustrating and they can come across as being more on the side of the builder. However as you have to go through it before the CTTT it is a necessary evil. My DH has been to the CTTT for a non-building related matter and come out successfully.
Feel free to pm me if you have specific questions,
Never argue with an idiot they drag you down to their level & then beat you with experience - Dilbert
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