building disputes - experiences with nsw fair trading.

Hi Mydreamhome.
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.

Hi MDH,

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,

Cheers