builder destroyed my IPs backyard

I've had some structural issues with my IP recently as per some previous posts. The property is just within it's structural warranty period.

So it turns out that the structural problems were probably mostly due to a storm water blockage on council's side. However, since finding this the builder has still agreed to carry out some form of works to rectify the problem. I am guessing this is not out of the goodness of their hearts but that the structural warranty doesn't require the builder to be at fault, it just requires that the owner is not at fault.

So I have some sympathy for the builder but whilst they continue to accept some form of responsibility I can't also make the same claims against council I guess. So I have been trying to get the builder to rectify before making a claim against council.

Anyway - the main point of my post that has just happened. I consented to the builder cutting a channel in the rear outdoor area concrete which they said they would fill with gravel, they said this was to assist drainage and to also assist with the realignment of the downpipes with the drains (problem which had occurred due to excessive movement). I have this documented in emails. At no time did they mention any damage to the property or landscaping might occur other than the cutting of the channel in the concrete.

What actually happened - they removed an entire slab of concrete from rear area (several metres by several metres). They recklessly trashed surrounding landscaping completely unneccessarily. For example a gravelled area with a stepping stone path and garden beds adjacent to the removed slab is now just mud with a few remaining plants (stepping stones completely gone). The gravelled area was inbetween the carport slab and the removed slab so I think they just got the bobcat in and just shovelled it all out.

None of the area where the concrete was removed nor the area where the gravel was trashed has had gravel placed in it, even though the builder stated that the "channel" would be filled with gravel. The tenant is upset as they don't want to live with a backyard filled with mud for 12 months (as builder says no concrete can be re-laid until movement settles, regardless of who pays for this).

To top it off they of course splattered mud everywhere which they didn't clean up and then had the hide to say when I've complained that they "didn't charge me anything" for the work!!!! WTF? They think I should be grateful that they didn't charge me to trash the property? I can accept the fact that possibly the slab may need to have been removed altogether but doing it without my consent? And damaging the surrounding landscaping for no reason? I feel that what they have done is almost criminal?

The builder has never stated that they will rectify any damage caused by their works, despite me repeatedly asking them.
 
The builder has a duty of care to follow reasonable instructions and act as contracted. This is set down in a general sense in Australian Consumer Law, http://www.consumerlaw.gov.au/content/the_acl/downloads/ACL_guide_to_provisions_November_2010.pdf. If the builder has not so acted, then remedies at law exist.

Take some pictures of the area concerned. If you have older pictures then you can have a before and after set. A plan of the area may be indicated.

Speak to the builder and politely but firmly voice your concerns. It may help if before speaking you document what happened and what you want done. Take notes of the phone call. Then send an email to the builder detailing what was said, and stating what was agreed, including the date by which the remedial works will be started or completed. State that the builder is liable for costs associated with the remedial works.

Good contemporaneous notes and information are very useful as evidence. Emails are unarguable, and all Australian States and Territories have laws relating to receipt of emails. The ACT one is the Electronic Transactions Act 2001, available at http://www.legislation.act.gov.au/a/2001-10/default.asp. Most have a receipt reference at section 13 or 14.

If nothing happens by the agreed date then call the builder again. If the builder declines to act or prevaricates then you may need to go to a dispute resolution process.
 
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