Brand new property - warranty?

[Cola]

Hi,

I have bought a newly constructed house.
Very unfortunately, there's a water leak from the shower area, through to the room next to it. Carpet is soak with water and the bottom of the wooden frame of the cabinet door has swelled a bit.
I am aware that there's a 7 year warranty on the structure of the building. But is this included in my case?
The builder has been so far very cooperative on sorting the problem out. I haven't mention any thing on replacing the wooden frame or architrave. Is this their responsibility?
Thanks for any info.

Cheers,
Jin.

 

[Kristine..]

Hi Cola

Builder's Warranty Insurance - a copy of which you have in your S.32, will show you the level of exess you have to pay to claim on the warranty insurance

If the Builder is actually rectifying the problem without you having to call on the warranty insurance, then yes, the whole of the damage must be rectified - timber, cabinets, carpets, painr, the whole shebang - at the builder's expense.

Your own Fire & General Insurance should also be notified. You can make a claim on them and they can then claim on the builder, or the Warranty Insurance if need be

But most definitely the property should be put back into the condition it was in ie brand new, before the leak occured.

Do not, under any circumstances, accept anything less

Cheers
Kristine

 

[Cola]

Thanks for the info.

Does anyone know if there's timber/wooden structure inside the wall say between the bathroom and the room next to it?
If there is, then I believe this had to be inspected too.
Thanks.

 

[Propertunity]

Does anyone know if there's timber/wooden structure inside the wall say between the bathroom and the room next to it?

Yes Cola, there is a timber/wooden structure inside the wall - it is called a wall frame. And yes the bottom plate will probably be damp because of the leak. But since it is a fairly new house it is unlikely to have suffered rot and can simply be dried out with a hot air blower.

It sounds like the waterproofing membrane in the bathroom has failed - your builder will be able to have it all rectified.

 

[Cola]

i think i found the leak.
there's a slight crack between the tiles
on the shower wall.
any thoughts on what should be done?
i just want to make sure the builder
doesnt take any shortcuts.
thanks.

 

[Propertunity]

i think i found the leak.
there's a slight crack between the tiles
on the shower wall.
any thoughts on what should be done?

No you haven't found the leak! The crack is only the grouting. The grouting is not waterproof. Behind the grouting and on the board underneath the tiles is supposed to be a waterproof membrane.

It is likely the leak is in the floor area.

Leave the investigative work to the builder

 

[Philip Thomas]

Leave the investigative work to the builder

I absolutely agree with this.

If it’s a new house, there maybe a "defects liability period" on top of home owners warranty.

It’s the builders responsibility. The builder will usually want to fix it so he doesn’t have to spend more money getting more trades to come to your new home.

Builders & their trades loose money on defects.

Philip

 

[Ausprop]

I suspect a builder's warranty issue re tiles etc in one of my IPs. they have said if they come out and it's not their problem they charge $110... thoughts?

 

[Propertunity]

If you have an "issue" with the tiles - how could it not be "their problem"? What's the 'issue'?

 

[Ausprop]

well I dont know, have heard thru the PM that there is a patch on the portico ceiling that looks like there could be a leak form the roof tiles above. but you never know, could be a blocked gutter, drug lab in the ceiling, dead rat, who knows.

think i will just call them out and take my chances

 

[Peter_Tersteeg]

Probably irrelevant to the original question...

I heard that builders don't have to provide a warranty if the building is over X stories high. Can anyone confirm this?

 

[Ausprop]

I believe that is true. also you can only claim on the policy if the buider dies, goes missing or is insolvent. there are also state by state limits e.g. WA is $100,000. if there was a dispute during building nad you buy the property and the policy has been paid out you may have no cover.

 

[Cola]

How do I find out if this "defects liability period" applies?

I wanted to find out only becaue they're not doing their job right.

Builder came in, thought was the plumber's problem, called the plumber in, plumber did something, but still leaking.

I told him about the leaking from the crack yesterday, I couldn't hear very clear on the phone, but he mention something about putting silicon in it. And that doesn't sound very convincing, it sounds like a patch up job.

I really want this done right and that's why I want to know where is the problem exactly and what are my rights.

 

[battler]

I believe that is true. also you can only claim on the policy if the buider dies, goes missing or is insolvent.

That's exactly what we have found in Vic, which leads us to believe the insurance is worthless, if the builder is solvent but says go jump. I would think it would require a court order to force the builder to fix anything ...but at what cost.

P T Bear, not sure about over Two stories but it seems that two stories is covered by insurance, assuming the builder has evaporated.

 

[Kristine..]

Hi Battler

PT Bear didn't mention how many storeys

I heard that builders don't have to provide a warranty if the building is over X stories high. Can anyone confirm this?


Two storeys would be Resi Class 1, but if a building was, say, more than 3 storeys high, it may be a block of flats and perhaps the usual Domestic Warranty Insurance may not apply

However, Cola has purchased a new dwelling, and the Warranty Insurance details will be in the S.32 (Vendor's Statement).

Warranty Insurance is not a free ride to the insurer. It is 'warranty' insurance, that is, provides a warrant that if one party (the builder) does not make good, that the insurer will make good and then seek reimbursement from the builder.

Warranty insurance, of any kind, 'warrants' that an agreed responsibility exists.

Fire & General, on the other hand, insures against a future event again, to make good.


Hope this helps
Kristine

 

[Cola]

How do I find out if this "defects liability period" applies?

I wanted to find out only becaue they're not doing their job right.

Builder came in, thought was the plumber's problem, called the plumber in, plumber did something, but still leaking.

I told him about the leaking from the crack yesterday, I couldn't hear very clear on the phone, but he mention something about putting silicon in it. And that doesn't sound very convincing, it sounds like a patch up job.

I really want this done right and that's why I want to know where is the problem exactly, what's the correct way of fixing it and what are my rights.

 

[battler]

Cola, you should have received a " certificate of compliance" from the plumber for his work, if he's not fixing it, you could contact the plumbing board named on the certificate asking for direction.

It's possible there is a nail through a pipe and these can leak intermitantly sometimes depending on pressure. I think the wall may have to be opened to find it and this will be the builders job to give the plumber access.


http://www.buildingcommission.com.au/www/html/1767-who-can-i-contact.asp


This site may help.

 

[Philip Thomas]

they have said if they come out and it's not their problem they charge $110... thoughts?

This sounds like a try on. If the building is new & still under defects liability & home owners warranty how could it not be the builders problem. Where is this guys head??????

The "I’ll charge you $110" is crap. The builder should be paying you $110 for missing work when he does his visit, then another $110 for the inconvenience of having a new home with a problem, then another $110 for the stress.

Philip

 

[Ausprop]

well it's no back yard boy... we're talking BGC here!

 

[The Y-man]

Probably irrelevant to the original question...

I heard that builders don't have to provide a warranty if the building is over X stories high. Can anyone confirm this?

Don't know, but when we bought our unit in a 27 story building, the builder fixed a whole stack of things under warranty (chipped tiles, damaged melamine, blown lights, electical work, hot water unit etc)

Cheers,

The Y-man