Builder issues in Canberra? Who do I turn to?

i rekkun you had the idea in the op – mafia.

MightyJoe said :

Portico I noted via correspondence that I was unhappy, but at the end for the day the certifer cleared it as being to be completed.

The certifier’s job is only to declare that the building work complies with the building code and substantially with the plans, and issue a compliance certificate. They don’t certify that it’s completed, nor beyond the scope above assess the quality of work or compliance with the contract.

That’s part of the Certificate of Occupancy, which is applied for by the property owner and the application for which carries a warning that professional advice should be sought to assess building and contractual compliance. That application asks the building owner to make a legal declaration that the work has been “completed.”

So that’s why it’s important to get some proper legal advice, see what options under the contract and the statutory warranty are available. That doesn’t mean you have to pursue legal action, but at the very least you’ll be armed with some language and some non-court options that you can go after this builder with.

Perhaps they can help:
http://www.actpla.act.gov.au/topics/hiring_licensing/disciplinary_actions/construction_occupations

•Garage door painted on, marked

I, for one, would be outraged if various elements of my house turned out to be murals.

johnboy said :

No names will be published.

Niknak you can defend your defo suit to prove truth on your own site. I’ll chip in $100 for your legal fees but you’ll need at least $100,000 up front to get that far.

I wasn’t advocating naming names, simply noting that if an assertion is true, it’s not slanderous.

That said, I recognise the legal standard, rather than the commonly accepted definition, generally decides these things.

Objection sustained 🙂

Portico I noted via correspondence that I was unhappy, but at the end for the day the certifer cleared it as being to be completed.

MightyJoe said :

As per contract it doesn’t affect the practical completion of the house.

c_c™ said :

Affirmative Action Man said :

Why on earth would you make the final payment unless you are completely happy with the final inspection !!!

It’s a tricky one, I wouldn’t have without first seeking legal advice. But important to note that if you don’t pay, you could put yourself in breach of the contract. You’d only want to do that upon legal advice.

As per contract it doesn’t affect the practical completion of the house.

c_c™ said :

Affirmative Action Man said :

Why on earth would you make the final payment unless you are completely happy with the final inspection !!!

It’s a tricky one, I wouldn’t have without first seeking legal advice. But important to note that if you don’t pay, you could put yourself in breach of the contract. You’d only want to do that upon legal advice.

MightyJoe said :

I won’t mention names as not really looking to slander (yet) without seeking some sort of advice, but don’t know who.

It’s not slander if it’s true.

Affirmative Action Man said :

Why on earth would you make the final payment unless you are completely happy with the final inspection !!!

It’s a tricky one, I wouldn’t have without first seeking legal advice. But important to note that if you don’t pay, you could put yourself in breach of the contract. You’d only want to do that upon legal advice.

Some of the things on the lists are defects (using the term in the common not the legal sense), but things like a missing water tank or intercom system are well beyond that. It’s a contract issue, assuming the contract requires the supply of those things, the builder has failed to perform their obligations. Shouldn’t have paid, shouldn’t have taken possession, should have gone to a lawyer.

Should definitely seek legal advice now. Once you pay up and take possession, it can make things more difficult, so they’ll be able to work through these issues and at least given you a better idea of where you stand now.

Why on earth would you make the final payment unless you are completely happy with the final inspection !!!

I know the builder you’re talking about. We’re currently having similar issues with them. Haven’t gone as far as ACAT (yet) though we are getting advice. Contact us at m8r-vei7e4@mailinator.com if you want to discuss further.

MightyJoe said :

I’ve been keeping all emails to the builder advising of issues and where things have been rectified, i cross them off the list and resubmit to him.

Problem is he doesn’t say that its not his problem, but the inaction is what getting to me. I can understand a few weeks, but honestly almost 4 mths.

All I want is the finished product I paid for.

yeah keep with it. they really have an obligation to fix issues within 90 days of settlement. it seems you have an agreed maintenance list so take the action into your own hands

as i mentioned with my own experience, you can’t be made 100% whole (or at least, it’s not likely), but you at least get the satisfaction of sticking it back to the builder for a moment

and share a surname with the crowded house fellas

MightyJoe said :

No final payment, no house.

I know that 3 other houses haven’t been paying him (since stage 2/3) as they refuse to move in with known defects.

He’s not a member of the MBA or HIA, does have a license, as does his brother and father.

I won’t mention names as not really looking to slander (yet) without seeking some sort of advice, but don’t know who.

i will mention that the family does pools, has a new crossfit gym in Mitchell and seem like general nice blokes.

Leo61 said :

Seek legal advice and also contact MBA to see if they can offer some help. Knowing the tradies haven’t been paid isn’t a good sign. I wouldn’t have made the final payment following the final inspection. Can you name the builder so that others don’t make the same mistake in using their services.

No final payment, no house.

I know that 3 other houses haven’t been paying him (since stage 2/3) as they refuse to move in with known defects.

He’s not a member of the MBA or HIA, does have a license, as does his brother and father.

I won’t mention names as not really looking to slander (yet) without seeking some sort of advice, but don’t know who.

i will mention that the family does pools, has a new crossfit gym in Mitchell and seem like general nice blokes.

Leo61 said :

Seek legal advice and also contact MBA to see if they can offer some help. Knowing the tradies haven’t been paid isn’t a good sign. I wouldn’t have made the final payment following the final inspection. Can you name the builder so that others don’t make the same mistake in using their services.

Leo61 said :

Seek legal advice and also contact MBA to see if they can offer some help. Knowing the tradies haven’t been paid isn’t a good sign. I wouldn’t have made the final payment following the final inspection. Can you name the builder so that others don’t make the same mistake in using their services.

Agreed, I’d have withheld the final payment until the property was up to MY standard.
Of course there is always going to be things which only become evident once you’ve moved in.

I’m with the others, get some quotes to fix up the problems and take the builder to the small claims court.

Seek legal advice and also contact MBA to see if they can offer some help. Knowing the tradies haven’t been paid isn’t a good sign. I wouldn’t have made the final payment following the final inspection. Can you name the builder so that others don’t make the same mistake in using their services.

I’ve been keeping all emails to the builder advising of issues and where things have been rectified, i cross them off the list and resubmit to him.

Problem is he doesn’t say that its not his problem, but the inaction is what getting to me. I can understand a few weeks, but honestly almost 4 mths.

All I want is the finished product I paid for.

^^ disagree

i had a similar issue with a builder when my house was built. i kept evidence of my attempts to get them to rectify issues within the defect period (and before) and kept all their “no” responses received both personally and through my solicitor

i got a number of things fixed myself and then got quotes for the other work. i then went to ACAT (approx $200 to pursue a case of up to $10k).

i did a lot of prep work for it and had to attend 3 times (each time the builder didn’t show up – the first times we called them and i waited around for hours for them to come – ridiculous hey?). the third time, the judge just made a ruling in their absence (he was a cool guy actually) and it was enforced

didn’t get everything i wanted but i got a good portion towards it

Speaking from previous experience, unless you’re prepared and able to pursue legal action you’re going to be on your own. And, sadly, you have to question, even if you are prepared to go down the legal route, what the chances are of achieving a positive outcome for yourself.