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Builders Warranty Victoria - Structural Problems?

Discussion in 'Property Law Forum' started by Pamela Votava, 26 April 2014.

  1. Pamela Votava

    Pamela Votava Member

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    My husband and I built our home in Victoria in 1999 and received a 25year structural warranty ( builders warranty). We have had a couple of issues for which the builders sent a maintenance person out to repair. We now have another problem, which we have been advised by a professional tradesman, is a structural problem and one he won't touch.

    We contacted the original Builder who advised us in 2010 they sold their Contract Building Business to another Company and to contact them. We have done this and been advised by the new Company their purchase did not assume liability for any 25 year warranties. Because we still have another 10years left on this warranty, we would really like to know who is responsible. Preferably without having to incur legal fees as we don't feel it's all that difficult.

    Any assistance would be greatly appreciated, thank you.
     
  2. John R

    John R Well-Known Member

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    Hi Pam,
    1. Do you have a copy of the original 25 year Structural Warranty paperwork supplied by the builder? Despite what the builder may have advised, this paperwork should set out how to submit a claim (generally in writing via letter/email where the builder will then inspect the alleged structural failure and respond)
    2. Have you discussed the matter with Building Advice & Conciliation Victoria (they are part of Consumer Affairs Victoria and the Victorian Building Authority)? They are open during business hours and their phone number is 1300 557 559.
    Please keep us updated with your progress. Good luck!
     
  3. Pamela Votava

    Pamela Votava Member

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    Hi John,
    Yes, we have our original contract with our builder where the warranty is set out. When we needed maintenance previously, we would email them and send pictures of what was to be repaired and they would send someone out. Not knowing they had sold part of their Company off, this was the procedure we again followed. We have sent two letters to both companies and neither want to accept responsibility. We have also contacted Consumer Affairs Victoria who unfortunately weren't 100% sure as they had not come across this situation before and suggested we needed legal advice. The gentleman I spoke to there (I think his name was David???) handled all the building enquiries but I'm not sure if he was part of BACV.
    I shall give them a call first Monday morning.


    Thank you for your response John
     
  4. John R

    John R Well-Known Member

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    Thanks for the update Pam,
    Please let us know how you go with BACV. Good luck!
     

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