How to Get Builder Comes Back to Fix Defective and Incomplete Jobs after Settlement?

LT-J on 12/04/2018 - 16:02
Last edited 12/04/2018 - 17:25

I bought a brand new townhouse and move in since Jan 2018. Found out the townhouse has heaps of incomplete and defective building works and got a building inspector to check it. Sent the report to builder afterwards and the builder keep saying they are arranging someone to fix it since Feb.

And obviously they are trying to avoid it as these jobs will not get paid for them.

Solicitor suggests me to lodge dispute through DBDRV, which I have done it.

Apart from that, what else can I do to make the builder do they jobs that they should do? Any suggestions?

(Please don't suggest bikie)

Link to photos as below

https://files.ozbargain.com.au/upload/179660/58016/img_20171…

https://files.ozbargain.com.au/upload/179660/58015/img_20171…

https://files.ozbargain.com.au/upload/179660/58014/img_20171…

There are heaps more, what showed below are what I think more serious.

Home & Garden

Comments

  • dcep on 12/04/2018 - 16:08

    VCAT

  • Scab on 12/04/2018 - 16:15
    +5

    Bikies.

  • Marcsie on 12/04/2018 - 16:34

    How come you didn’t get builder inspection before settlement ?

    • T-J on 12/04/2018 - 17:02

      I mentioned these to my solicitor and sent them a report made by myself. Solicitors said minor defect or unfinish building works can't delay the settlement.

      • Marcsie on 12/04/2018 - 19:48

        That is completely wrong, I think your solicitor must responsible for the mess that he created now !

        • djkelly69 on 12/04/2018 - 21:39

          Not sure about Vic, but is fairly standard for NSW off the plan contracts to say that you can't delay settlement for items that are covered by the maintainence/defects period.

        • T-J on 12/04/2018 - 22:04

          @djkelly69:
          I'm in VIC and I think VIC has the same standard as my solicitor told me. Unless it is a major defect, otherwise will get penalty charge as per contract if settlement is delayed.

        • s3n on 13/04/2018 - 23:08
          +1

          @jav87my: but you can withhold money from settlement for a valid reason such as this - eg. $10,000 for defects until the issues are rectified - your solicitor is useless

  • thord on 12/04/2018 - 16:36
    +2

    1st - do everything in writing
    2nd - lawyers are a last resort. Do everything else first.
    3rd - try NCAT, or VCAT if you're in VIC

    There's two things to remember - building defects have periods where warranties count, and when they expire. Building defects also have a "notification period" - generally six months. If you see a defect, and it's obvious, but don't tell the builder in writing within the 6 months, the builder can argue his way out of it and not repair it. Because you didn't inform him promptly.

    So make sure you put yourself in a good position first, everything in writing, comply with all the requirements you have as an owner.

    • T-J on 12/04/2018 - 17:03

      Yea. I've been collecting evidence since Jan. I even recorded calls from/to the builder and not sure am I allowed to do that?

      • iratepirate on 12/04/2018 - 21:59

        It's lawful to record any conversation you are a party to without the consent of the other party in Victoria and Queensland.

        • T-J on 12/04/2018 - 22:01

          Thanks. That's a great news.

  • PAOK11 on 12/04/2018 - 16:39

    Could you tell us some of the defects probably have a million of my own

  • garetz on 12/04/2018 - 16:50
    -1

    You have no chance, once settlement has gone through you have agreed to the condition being acceptable, and have no recourse unless you can prove it is defective works. The onus is no longer on them to fix what you dont agree to as being defect/incomplete works, but the onus is now on you to prove they are at fault. It will be a long and tedious process, good luck.

  • JimB on 12/04/2018 - 16:52

    Did you buy it off the plan or purchased it once it was completed?

    • T-J on 12/04/2018 - 17:07

      It was completed when I purchased it last Aug. But it was waiting for occupancy permit that's why settlement happened on this Jan.

      • JimB on 12/04/2018 - 17:12

        What is wrong with it?

        • T-J on 12/04/2018 - 17:27

          Please see the picture above that I just added.

        • JimB on 13/04/2018 - 04:50
          +1

          @jav87my:

          The garage slab is poor workmanship but doesn't seem non compliant.

          The exposed timber beams is clearly non compliant.

          I'll start lodging a claim with VCAT or equivalent. Send a photo to the building surveyor and tell them that you plan to lodge a comolaint against them with the VBA (or equivalent), they'll quickly contact the builder as the house clearly should have not been given a cert of occupancy.

  • [Deactivated] on 12/04/2018 - 17:58

    Don’t be silly mate
    It’s time to torch the place.

    [Deactivated] on 12/04/2018 - 17:58 (Collapsed - Offtopic. Show)
  • Zachary on 13/04/2018 - 10:06
    +1

    Fak, for a brand new house I wouldn't lay down my dough until EVERYTHING looks, feels, smells, tastes and hear pristine and clean! I would tell them to get their sweaty construction asses over here and fix it up if I were you…..

    • Deridas on 13/04/2018 - 20:33

      Yeah, if it's an already built house, always organise a building inspection before buying (even if it's brand new - or especially if it's brand new), and ensure you get a good conveyancer that protects you should stuff like this happen.

  • thord on 13/04/2018 - 10:11

    So just a quick thing, the pictures you've uploaded are super minor.

    If you got to a lawyer, you'll spend more money than it would cost to fix the problems yourself.

    Try going through NCAT/VCAT first.

  • s3n on 13/04/2018 - 23:04

    The garage wall looks like they f-ked up the working drawings/plan and really the stud wall is supposed to be on the lower level and covering up the slab - it looks and it is built sh-t but structurally it'll pass. This kind of stuff happens when they are trying to squeeze every centimeter for units and are using inexperienced planners.

    The exposed beam can be fixed by filling polystyrene or blueboard and rendering over it shouldn't be too expensive.

    Given you knew about these things earlier, your conveyancer/solicitor has given you wrong advice - your conveyancer can withhold money at settlement for defects and should have done so - in this case I would have withheld $10,000 until the issue is fixed.

    So all in all a whole series of horrible events has lead to the situation you are in now.

    I would keep visiting the builder's premises where clients visit and take photos and make a sh-t-storm of a fuss until he fixes it and your last resort is to go to court which you would win but it's a drawn out process.

    EDIT: good advice above about VBA plus building surveyor are all avenues to kick up a fuss

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