NSW Builder allowed home owner (with no permit) to install pool

[Suej]

Hi there

We just purchased a near new home.

1. It was built by a builder who was the principal contractor.
2. 2 months after we moved in the pool suffered a major structural fault.
3. Went back to builder under the 6 year warranty and he says he didn’t install it.
4. Said that part was excluded from his building contract with the previous owners.
5. Seems no howi either given it was put in under 20k (still don’t know how council accepted that)
6. All council documents relate back to builder , his name is all over plans and da and even construction certificate for pool is in his name as licensed builder.
7. We are now in ncat and the old owner has reappeared ( his mate) said he did it and takes responsibility for it and he got confused with all the paperwork and made a mistake and put the wrong name on it. We still don’t know whose name should be on it.
8. Owner has no owner/builder license or permit and builder knew it.
9. Firstly we don’t believe it as the guy is an accountant.
10. Can a builder allow something like this on his site and secondly, as his name is on all council documents and he is the principal contractor, is he responsible at the end?
11. Our understanding is that principal contractors can send out work for subcontracting but need to ensure the appropriate licenses are in place .Otherwise it’s on him regardless, even if it’s in his own building contract? You cannot contract yourself out of any warranty is the law.
12. Would been most appreciative for your views.

 

[Rod]

Take the builder on. Forget about the previous owner as the builder can join him to the action if he wants. His problem not yours if the builder's name is on the paperwork.

Consider @Tim W for assistance.