NSW Constant wet/flood in back yard - landscaper issue

[thunderlegs]

I hired a landscaper to excavate the land, build a retaining wall, install drains and lay some turf.

After the job was done I noticed that the back right hand corner was always wet and especially after it rained there was a large amount of water. Being so naive and inexperienced about this, I started asking questions to different people, like the plumber who has was responsible for my home when it was built, the council and also my next door neighbour. My neighbour behind me and the neighbour to the right of me are higher than me. My back retaining wall is about 2-3 metres tall (see photo). Backyard

I was led to believe that the water coming down was run off from both sides and natural ground water is running its course.

After a couple of months I had doubts of the situation, I couldn't see the pipes connected to the drains from opening the filter at the top. So I asked the landscaper where he put the drains and he said he ran a drain 2m from the back of retaining wall and another 2m away from the back of the house. He claimed that both drains were connected to a T piece and in the drain.

After talking to some people in the industry and also another landscaper, they advised that it's industry standard to put a arg pipe drain behind a retaining wall. After hearing this, I try to dig some more information, I call the australian building codes board and they gave me some advice, he told me to look at some documentation.

I didn't have money to buy a $330 publication, but I found some presentation that quoted from the book (AS4678).
www.shirley.net.au/file/2440/download?token=kHfOfcqy (Please see page 7)

Earthworks, retaining walls and structural support | NSW Planning Portal

What are yall thoughts about this situation? Do you think I have a case with the landscaper for him to fix the issue with no cost as the drains are put in the wrong place and it does not comply to standards?

 

[Alert]

Google fair trading toward consumers in your state, a contact would show up I believe. Don’t do any work yourself and take pictures.
Good luck.

 

[thunderlegs]

Just an update:

So I took the issue to fair trading. Apparently the company has no license trading under the company identity. Any company or trader needs a license that has works over $5k. They did say that a individual did have a licence to perform the work. He did not clarify if it was a contractor, employee, partner etc. This license issue does not work for me for this dispute, fair trading is going to deal with this as a separate manner they said. <--- I have a funny feeling about this, I tried searching for the license using the ABN, ACN and also the director's name and I couldn't find anything. Is there any legal consequences that the company will face due to the lack of licenses?

He argues that the drainage of the back corner wetness/flooding was not in the scope of works. This is different to what the quote says "2 AG lines put down the width of the backyard to drain water from the backyard due to hard shale. AG lines have to be trenched in with a excavator and rock breaker. AG lines will be plumber into the storm water and back filled with 20mm aggregate. So my argument is that this solution is not fit for purpose.

The fair trading rep is not sending a inspector to look at the defect because he claims that its not my best interest to get the company to come back and fix the issue knowing that they are not licensed. So if i am asking for monetary compensation then a inspector is not needed. <---this sounds not right. The fair trading dispute is closed and they told me to take it tribunal.

The company has lied twice about extra AG pipes being laid in the backyard. He told me that a pipe was laid 1-2m away from the front retaining wall, also he lied to council that he did put a AG pipe behind the front retaining wall. This was a lie as I got a shovel and dug behind the wall and all there was a puddle of water.

I called Western Sydney Community Legal Centre and they will give me some legal advice in the next 5-7 days. Man this is going to be two tribunal cases I need to go through now. I will def not build next time =)

 

[thunderlegs]

I'm the only one interested on how the situation went afterwards. You took quite a lot of work by yourself @thunderlegs but I assume you are a smart man, that is good. One thing I always knew if there will be a situation for me to purchase a new house, pipes and their condition must be checked before signing papers, even if it will be from my pocket. This is only one factor from many others that should be taken in consideration. I’m not necessarily saying your house is bought not long ago, or something like that. It’s just I don’t like to have issues like that, better to say I try my best not to experience them. One smart thing was done this year, house insurance DamageControl-911 in case of weather disasters and some other additional services.

Hey, just before the tribunal I got some free legal advice and they told me it was useless if I went ahead without an independent report. Anyways since then I hired another landscaper to make a trench along the retaining wall and also put a small pit where it was usually flooded. The original guys were quite dodgy and didnt make a trench, the pipes were way smaller and they just layed it on top of the shale. The reason why it flooded in the first place was because the rain water was sitting there and also there was run of water from behind and the side of the fence as my land was lower.

Now couple of months later, the issue is fixed and I dun have a swamp anymore. There is hope with all this stuff, really up to you if you can take the stress of doing all this law stuff.