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WA Australian Consumer Law - Tiling Issues with New Home Builder?

Discussion in 'Australian Consumer Law Forum' started by Espen, 16 July 2015.

  1. Espen

    Espen Member

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    I am building a new home with a WA builder. I contacted the tiling company in November last year as I was considering changing my tile selection. I asked to see more tiles of my current selection. As I had chosen a marble look tile I wanted the individual tiles to look as different as possible.

    The tiling company emailed me photos of more tiles, and I decided I was happy sticking to my initial choice. The same day I called the builder and explained I wanted the tiles to be laid in a random pattern, and not with equal or very similar tiles next to one another with the same orientation. I was assured they would make note of that and inform the tiler, but not to worry as I would be contacted for a tiling meeting before tiling commenced.

    Next thing I know, I'm informed that tiling has been completed. When I get the chance, I send a friend over to take photos for me. When I see the photos, it becomes clear that the tiles that have been laid are not the same as those in the photo from the tiling company. Not only that, but numerous tiles with nearly, or completely, the same pattern have been laid in rows facing the same way. Furthermore, an elevated squared off structure (not on the plans) have been constructed between the bathtub and cupboards/vanity in the bathroom.

    I contact the tiling company asap and are informed that they provided me with photos of the wrong tiles back in November and that they are happy to supply new tiles of my choice. I then contact the builder and were told by the site manager (via his assistant) that the builder would relay the tiles.

    Very long story short. Now after a month since I first raised the issue, the builder has backtracked and decided not to fix the tiling, as in their opinion they have laid the tiles as per plan, agenda and selection sheet. They decided not to give me the opportunity for a tiling meeting a "this is given as a courtesy". A courtesy I apparently did not deserve after spending hundreds of thousands of dollars to have them build my house.

    I can't see what more I could have done to make sure the right tiles were laid as per my instructions, part from having the tiling meeting or standing next to the tiler while the tiles were laid. Now I am left with tiling in the wet areas which I am sure no one else would find acceptable in their own house. Is there anything else I can do under Australian Consumer Law?
     
  2. Ivy

    Ivy Well-Known Member

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    Hi Espen,
    I'm not sure that this is covered under Australian Consumer Law.

    Are you being invoiced separately for the tiling work or will it form part of the overall cost of the building project? And if you are being invoiced separately, it is less than $40,000 total?

    It sounds as though you may need to contact the Building Commission WA. However the building commission and consumer disputes are both handled through the Department of Commerce WA. So I suggest you give them a call as a starting point and to figure out where you need to direct your complaint. Contact information | Department of Commerce
     
  3. Espen

    Espen Member

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    Thanks for your reply Ivy.

    The tiling work is part of our contract with the Builder. Yes I might consider going through the Dep. of Commerce.

    Thanks for the tip.
     

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