Today, Friday 26/04/2013 the builder has actually started the work to fix major defects!
However this didn't just come easy.
On 03/04/2013 it heavily rained and the water started leaking into the ground floor unit and damaged the floorboards. The owners of the unit contacted the builder and Fair Trading office, because the water leakage has been on the list of defects, but has never been properly addressed by the builder.
The builder and the person who installed the windows/doors came to inspect the issue. They decided to re-seal the windows/doors to improve the waterproofing.
On 17/04/2013 the Fair Trading Inspector and the builder came to mediate the defects situation. The builder looked like a student in front of the teacher trying to explain why the defects listed really appeared.
However the inspector was really good and pointed out that everything had to be built up to standards and that the builder though sent sub-contractors to do the work in good faith has never checked the quality of performed work apparently and therefore didn't complete it properly.
The owner was so happy to hear that and also the Fair Trading inspector put a certain time frame - 4 weeks - to fix most of the defects. In addition, some defects were uncovered by the Fair Trading inspector that were originally not on the list. Almost a year and a half to wait for this moment! Champagne now!
However one defect the builder didn't accept himself liable for - scratches on the windows. Originally they said it can be fixed or replaced (with one email stating that), but after some thought they decided to reject liability for this and now are saying that the Developer (in this case same entity as the Vendor) accepted the building 18 months ago without reporting this issue therefore the Builder doesn't think he is liable for this.
In any case the owners reported this defect to Vendor and the Builder within 6 months after settlement date and decide to proceed with this matter further until some party - either Builder or vendor will rectify this defect and compensate the owners for the costs of having this defect for such a long time without any action from their side.
In regard to the major problems with water leakage, the builder has actually started working on it with more attention to details and to the quality of work. Owners also put extra effort into checking the builder's work to avoid further conflicts and to ensure this time everything is done properly.
Stay tuned for further news on the Building Front in Sydney!
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