14 September 2012

What? Cry the Builders! Build what we put on the plan?

| johnboy
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The Canberra Times has an intriguing story on an appeal from ACAT by builders after buyers of the Empire Apartments were unhappy with what they got:

The Empire Apartments body corporate had complained to the ACT Planning and Land Authority that B & T Developments and B & T Constructions, substituted rendered finishes and painted fibre cement for the polished stone and aluminium facade shown on the approved plans.

It was also claimed B & T had substituted concrete panels for glass balustrades planned for the penthouse apartment balconies.

The body corporate argued the variations had “the consequence of reducing the value and quality of the building”.

ACTPLA agreed and, on October 18, 2011, more than two years after Empire Apartments was granted a certificate of occupancy, issued a rectification order calling for the facade and balustrades to be reworked at a cost of about $500,000.
B & T appealed the ruling to ACAT which upheld the ACTPLA orders on August 6.

B&T thinks ACAT has erred in taking up consumer protection.

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Comic_and_Gamer_Nerd3:39 pm 14 Sep 12

Not surprising. So any dodgy pos builders in this town that will literally do anything to save a dollar. This was pushing their luck pretty heavily though, how did they imagine they would get away with it?

http://www.hcourt.gov.au/about/operation

Here you go. Just so you know how it all works… rather than…just the vibes 🙂

johnboy said :

Pretty sure there’s no constitutional issue at play here Mezza.

You’re aware that High Court also deals with matters of law… not just the constitution…right?

RedDogInCan said :

johnboy said :

Pretty sure there’s no constitutional issue at play here Mezza.

It’s the vibe.

Mabo

I see what you did there.

Sounds like a pretty clear case of not delivering the promised product. Why has this taken two years?

johnboy said :

Pretty sure there’s no constitutional issue at play here Mezza.

It’s the vibe.

I was intrigued by this too. I can imagine that the owner who bought off the plan have a pretty clear case of deceptive conduct. For the others that bought after the building was finished – that’s a bit more unclear. No wonder they are fighting this though – from what I have heard of buying off the plan – this happens all over the country. I suspect in this regard that it might end up at the high court.

Pretty sure there’s no constitutional issue at play here Mezza.

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