Skip to content Skip to main navigation

Ask RiotACT

Charity and fundraising auctions for the Canberra community

Builder issues in Canberra? Who do I turn to?

By MightyJoe - 12 November 2013 32

Hi all,

Thought i’d post up here to ascertain who i need to talk to.

Background:

Found builder in September 2012 selling a house and land package.  in November 2012 deposit paid and construction started (in earnest) in Feb 2013.

House was finished in late July 2013 with final inspection undertaken on 3 August 2013, with Cert of Occu issued 5 Aug 2013 and final payment paid.  Occupied house 7 August.

Now, issue is:  In final inspection a whole number of defects were identified and email to builder advising that wanted them fixed.  the issues are not major non-liveable defects but minor pesky (but still important).

Example

  • Portico was not finished and to this day isn’t.  (3.5 mths later)
  • large hole left in laundry ceiling and recently made bigger by builder as he removed the manhole, plus a numpty has cracked the ceiling too.
  • Painting defects (fixed)
  • Garage door painted on, marked
  • sumps not installed
  • water tank not installed
  • security / intercom not installed
  • marks on a sliding door (i.e. cleaners scratched the crap out of it)
  • Plumbing fit off items require attention i.e. the toilet seems to be the s***test quality and doesn’t work properly
  • site was not cleared as per contract
  • AC not working properly, i.e. cold spots and thermostat seems to live in its own world

and a few other things.  Now, every tradesman that has worked on my house, when I contact them state that they haven’t been paid by the builder and are refusing to work on any defects. I call the builder at least once a week and most times leave a message and don’t get a call back. Only get a call back after the third or fourth day after one more call.

Who can I turn to progress this?  lawyer – what type?  My conveyancer doesn’t want to hear from me as he invested too much time when buying the house (worst contract ever).

ACAT? Mafia?

The items above add up into the thousands (the ceiling i had quoted at 1k to fix and paint last week) and to be honest, we are finding it tough going with what we have at the moment let alone paying for all this crap out of my pocket (again).

What’s Your opinion?


Post a comment
Please login to post your comments, or connect with
32 Responses to
Builder issues in Canberra? Who do I turn to?
johnboy 7:39 pm 12 Nov 13

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.

MightyJoe 7:37 pm 12 Nov 13

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.

niknak 7:20 pm 12 Nov 13

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.

c_c™ 6:36 pm 12 Nov 13

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.

c_c™ 6:34 pm 12 Nov 13

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.

Affirmative Action M 5:55 pm 12 Nov 13

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

tiliqua 4:01 pm 12 Nov 13

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.

zorro29 1:57 pm 12 Nov 13

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

MightyJoe 1:44 pm 12 Nov 13

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.

MightyJoe 1:37 pm 12 Nov 13

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.

harvyk1 1:29 pm 12 Nov 13

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.

Leo61 12:49 pm 12 Nov 13

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.

MightyJoe 12:45 pm 12 Nov 13

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.

zorro29 12:22 pm 12 Nov 13

^^ 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

Holden Caulfield 12:02 pm 12 Nov 13

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.

1 2 3

Related Articles

CBR Tweets

Sign up to our newsletter

Top
Copyright © 2017 Riot ACT Holdings Pty Ltd. All rights reserved.
www.the-riotact.com | www.b2bmagazine.com.au | www.thisiscanberra.com

Search across the site