Building Defects and Garbage Collection.

[Meisterin]

I bought a new property where the contract stated that I have 90 days to notify the builder of any defects.

I got a building report and served that together with other defects on the builder.

He wasn't happy when I served the building report and screamed at me over the phone for getting one and now every time I ask him to come and fix it, my garbage bin does not get collected and I have complained to Council about the non-collection.

I don't have concrete evidence, but I think it's the builder has something to do with it because the weeks when I did not ask him to come and fix it, the garbage did get collected. Each time it did not get collected, I told Council about it and they collected it within 48 hours. This has been going on for about 6 months.

Is there something I can do about getting the garbage collected? The total cost of building defects would probably amount to $1000-$10,000 depending on the finish I want. Basically, I would be happy with getting the missing bits installed mainly outside the house.

I don't mind calling the Council each time the garbage does not get collected and get it re-collected (it's a hassle and frustrating) but I am afraid what more the builder can do to our family- could he bring a shotgun and shoot the whole family or is he just playing mind games with me here and showing his disapproval?

 

[MRO]

Make sure you email the council each time it happens. That way you will have a record of how many times and when it happened. After 3 missed collections i think whoevere is managing collection would need to explain their actions.

This doesnt fix the issues with your builder but will keep the council employee from further harassing you.

 

[property_girl]

Have you spoken to the council about your bins not being picked up? I would do a bit more detective work before you blame the builder. Gather evidence if you can.

Getting builders to return to rectify defects can be nearly impossible. If they've been paid, you're unlikely to see them again. You could try a small claims tribunal. For a few thousand, I would pay for the rectification myself and consider myself lucky it wasn't more.

I personally do not think that he is likely to come around to your house with a shotgun. There's a huge difference between being a shonky con artist and a criminal. However, if he has ever acted in a threatening manner, I would go immediately to the court and file for a protection order. He may then give an undertaking not to come near you. If he actually threatens you, you will be granted a protection order immediately.

ps. I obtained a protection order against a builder but he continued to drive past my house. But at least the courts are aware of him.

 

[property_girl]

I... ) but I am afraid what more the builder can do to our family- could he bring a shotgun and shoot the whole family or is he just playing mind games with me here and showing his disapproval?

The builder is being a bully (as many can be). He is trying to scare you into backing down with your request that defects be rectified. You can also report him to either the MBA or the relevant building organisation-not that they will do anything as they are a member-paid organisation and so will support their members. Also approach Fair Trading. They may be able to help you. But my understanding is that they cannot compel him to rectify and they will not interfere in what they call 'contractual' issues. And the builder can feed them whatever BS he wants.

There is a huge gap in consumer legislation when it comes to building contracts, which are drafted firmly in favour of the builder. Victoria, as far as I am aware, is the only state with legislation protecting consumers in building contracts.

Can you write the builder a letter and tell him that unless defects are rectified you will be happy to let the community know? Your options are limited. You could take him to court, but that will cost you much more than $10,00, so it's not worth it.

Put some good locks on your doors and maybe install a fence out the front of your property if you are truly worried.

 

[miss green eyes]

Hi everyone
This sounds terrible!!!
So, should i aim never to build, but just buy existing?
Property girl (you're a girl)? How did your (presumably male) builder threaten you?

 

[S.T]

I don't get it, is the builder coming past and hiding your bin prior to the garbage truck arriving?

 

[Paul@PFI]

My bins often get missed. There are only a few council bin providers - Cleanaway, AJ Richards etc.... They use GPS to map the street and their super knows if they miss a street. I would think you have the same fool that does my street. Every second week the whole street gets missed and they do it the next day or two.

My Council (Hills Shire) has a direct number to the contractor. Every few months I call my Council and rant about the bad service. They go yeah we will check it out. It doesn't change.

My builder was a large firm and they just arranged a day and had a tradies do all defects in one hit. A few were major issues requiring other tradies (like the plumber cause the tap didn't reach the bath !!). Your builder may not be happy but he knows it must be fixed. Just be polite and ask when it will be done. Take photo's and keep proof of what you told him were defects.

After a reasonable time see a lawyer and let them enforce. And ask for costs.

 

[property_girl]

My builder was a large firm and they just arranged a day and had a tradies do all defects in one hit. A few were major issues requiring other tradies (like the plumber cause the tap didn't reach the bath !!). Your builder may not be happy but he knows it must be fixed. Just be polite and ask when it will be done. Take photo's and keep proof of what you told him were defects.

After a reasonable time see a lawyer and let them enforce. And ask for costs.

I am sure that there are some builders who do the right thing, but there are many who do not. Being polite and asking when it will be done does not work with these people. I have 12 months of emails from my builder saying that 'it will be done next week' and it is still not done.

Seeing a lawyer costs money. You are awarded costs only if the matter goes to court. Once you get started in the court process you are looking at tens of thousands (and then some) in legal fees.

This sounds terrible!!!
So, should i aim never to build, but just buy existing?
Property girl (you're a girl)? How did your (presumably male) builder threaten you?

Miss Green Eyes, yes, build just be careful. My mistake was that I trusted the builder. Do not trust anyone! Remember that any contract that the builder presents to you will be drafted in his favour. My builder had no intention of building the house for the price he quoted me. My friends now have a bit of a laugh because they say he thought he had come across a helpless female that he could easily walk all over.

Remember to include liquidated damages. Even if you don't, this does not preclude you from claiming an economic loss if he goes past practical completion date. Mine went more than eight months past practical completion, after which I took possession. He turned up at my house telling me to get off his site and began ringing the police. He would not leave when asked. A few weeks later his joiner turned up at my front door. I won't tell you what he said and did, suffice it to say that a 60 year old man should know better. I immediately went to the courts and had a protective order issued against him and the builder.

The building industry here in Canberra is a joke. Noone polices these thugs. Recently two large building companies have gone into liquidation having taken hundreds of thousands of dollars from their customers. Now their customers have no money and no house. The building industry here in the ACT is self-regulated. Consequently certifiers pass sub-standard building work because they don't want to get the builder offside. My builder then told all the trades that worked at my house that he would no longer do any business with them if they gave me any paperwork that allowed a certificate of occupancy.

I could go on, but I don't want to hijack the thread. pm me if you want more info.

 

[PHP]

I could go on, but I don't want to hijack the thread. pm me if you want more info.

Such a terrible experience property_girl. Im sure Meisterin wouldn't mind you sharing more stories from this builder. I enjoy learning from other people's experiences.

 

[miss green eyes]

Thanks Property Girl.
Caveat emptor!
Hope my dream of building my dream house someday to my specs doesn't turn into a complete nightmare.

 

[property_girl]

It will. But remember that because someone seems to be trustworthy, professional and honest does not mean that they are. I used to think I was a good judge of character. Not any more.

Being a member of a builder organisation such as the MBA means squat. The MBA would be happy to accept membership fees from a dog. And while they offer mediation, they will for the most part side with the builder. I dragged my builder to mediation at the MBA. All the decisions were made in his favour, but I didn't mind because they were better than what he was trying to foist upon me. And, even then, he refused to follow their advice or honour our mediation agreement.

Ensure that the building contract is executed properly. Sign two copies and initial on every page. Ensure that the builder brings for signing ALL pages of the contract (something my builder didn't do). Ensure that the plans and the inclusions list are ATTACHED to the contract and sign them as well. Then keep one copy and DO NOT let the builder take it anywhere with him. Mine did and added another $42,000+.

Be as detailed as possible in the inclusions list and do not let the builder generalise it or dumb it down.

Keep a diary of what goes on at the site. If it's not needed, great. But if it is needed, it will serve you well.

Do NOT pay any payment stage if the stage is not finished (whether it be framing, lock up or painting). This happens a lot.

If things start to go pear shaped, seek legal advice. My builder stopped work on the site so many times I can't count when he saw that he would have to build for the price he quoted and that he couldn't get away with charging me lots of 'extras' along the way. Getting him to do anything was like pulling teeth.

 

[miss green eyes]

It will. But remember that because someone seems to be trustworthy, professional and honest does not mean that they are. I used to think I was a good judge of character. Not any more.

There goes my dream....
Come on, let's think positive....how about if I find a good builder recommended by friends who have had a good experience?

PS I feel your pain. I am just as bitter and angry re: strata issues. However, I supposed I could sell my unit. Whereas with a built property you're stuck with it. You can't really sell it if it's defective, can you.

 

[property_girl]

There goes my dream....
Come on, let's think positive....how about if I find a good builder recommended by friends who have had a good experience?
.

I don't want to turn you off. Yes, that's the best way--a good builder recommended by friends who have had a good experience. You know his track record then.

 

[miss green eyes]

Thanks.
I'll keep that in mind.
I was totally sucked in by the 'home and land packages' ads.

 

[Melbournian]

1. just get the defects listed (email him)
2. keep notes
3. if nothing gets fixed - go to the tribunal (cost to repairs with quotes)
4. If he appears, and the order is to fix he is obliged to do so. If he doesn't appear, you can then use other trades to get it fixed at his expense (and bill it to him) or get the quotes and get the tribunal to award you the damages etc.

 

[Meisterin]

Thanks very much for all the replies.

The garbage was not collected again after I emailed him last week about getting the remainder of defects fixed. I got back the usual reply of "I will fix it but can you give me the list again?"

I live in a block of townhouses (4 dwellings), and the bin can't be missed. I went out to the street and my bin was the only bin that was not collected.

I did not build the place but bought it "new" which gave me 90 days to notify the builder of any "defects".

I may have to take him to Fair Trading, because the Building Insurance will not payout my claims until and unless I have a ruling from Fair Trading as they are the last resort to claim for any damages.