Brisbane, BSA and foundations

I am hoping you can assist me with some contacts or 'procedure' regarding an issue with my 5 year-old house in Brisbane.

There were issues with a crack across the slab, the slab moving, tiles sliding off the roof, water getting in, mould in the master bedroom, etc. I had a private Building Inspection report done, then a preliminary Engineering report. These were submitted to the Building Services Authority (BSA).

For the past year, I have been working towards the BSA investigation.
The BSA has decided that the (about 8cm) tilt and movement in the slab is within acceptable range for the 'H' soil type. The BSA Inspector will release his final report soon and close the BSA file.

One outstanding issue reported by the Engineers is that no piers were put under the rear 1/3 of the slab, despite there being 1m of fill across the whole block. This may have occurred as a result of the original soil test being done for the wrong block (a battleaxe on the other side of the street)!

However, the BSA advise me that they are only responsible for issues caused by the Builder. Since the 'build' has involved the land developer, soil testers, engineers, draughtsmen, council etc etc , there seems to be no one agency taking responsibility for the 'build' as a whole.

Is there an agency or ombudsman or Board or even solicitors you know of that will/can take up the issue of the missing piers, with a view to stabilising my retirement home foundations?
 
Hi Sy

We do deal with this sort of thing.

If the builder complied with the engineers drawings then it is probably a claim on the engineer's professional indemnity insurance. The engineer may then claim against or join the soil testing engineer if the engineer subcontracted the soil test. If you organised the soil test then it may be the soil testing company at fault. It may be that there is proportionate liability between the 2 or others.

It may only cost around $1000 in legal fees if it is pretty easy to identify who is at fault and then their PI insurer plays nice. If they don't it can be quite an expensive exercise but in your situation the underpinning required to fix will probably be very expensive anyway. Also you should get about 3/4 of your legal fees back from the other side if you win. They can hit you for 3/4 of their legal fees if you lose though.

Hope that helps

D
 
Hi there
is there building insurance taken out with the property? when it was constructed.

I note we had some issues with a property in Canberra which was still within the home building insurance warranty period.

When our personal insurer denied liability, we made a claim against the master builders insurance. We only had to pay the excess, then all repairs were covered by that insurance.

Did you get a certificate of insurance? when you commenced building?
thanks
 
Hi there
is there building insurance taken out with the property? when it was constructed.

I note we had some issues with a property in Canberra which was still within the home building insurance warranty period.

When our personal insurer denied liability, we made a claim against the master builders insurance. We only had to pay the excess, then all repairs were covered by that insurance.

Did you get a certificate of insurance? when you commenced building?
thanks
In QLD Building insurance is a compulsory one monopoly run by the Building Services Authority. Have to pay insurance to get Building Approval.

D
 
Thanks RPI
the fact that the matter has been raised with the BSA - does there also need to be a claim made with the insurer?
It is not clear from the above if the investigation also raises the issue with the building insurer.
thanks
 
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