I am an owner builder doing a granny flat development. I had a Complying Development Certificate issued by a private certifier. After my services were in place and excavations were complete, I booked a inspection certifier and I passed first inspection.
Few days later, he informed me he made a mistake and the plans didn't comply because the building is nearly 2 meters too tall on the plan to comply and he must have overlooked it, however, I had ordered the whole building made to measure to suit the plans he certified. Now we have started the process to fix the problem, re lodged plans as a DA the whole process started again.
Because of this error I have lost time and money, my pier holes caving in and I have 30k worth of building materials sitting in weather, lost potential rent, interest being paid on a project as it's borrowed money and worst of all, I have organised time of work without pay to the build under this CDC.
I have sent a letter of demand stating the ongoing costs caused by the faulty certificate and he has agreed to pay for all costs verbally but never responding directly to the letter of demand. Also he keeps trying to get me to sign a surrender letter he wrote on my behalf addressed to council surrendering the CDC formally. Because of this I assume he will not reimburse me without legal action.
The Environmental Planning Act 1979 section 109p says I am not liable. How can I make him cover these damages? Small Claims Court? Report him to The Building Board of Professionals? Land and Environment Court?
Please help. I need guidance. I am willing to represent myself and need a point in right direction.
Thanks
Few days later, he informed me he made a mistake and the plans didn't comply because the building is nearly 2 meters too tall on the plan to comply and he must have overlooked it, however, I had ordered the whole building made to measure to suit the plans he certified. Now we have started the process to fix the problem, re lodged plans as a DA the whole process started again.
Because of this error I have lost time and money, my pier holes caving in and I have 30k worth of building materials sitting in weather, lost potential rent, interest being paid on a project as it's borrowed money and worst of all, I have organised time of work without pay to the build under this CDC.
I have sent a letter of demand stating the ongoing costs caused by the faulty certificate and he has agreed to pay for all costs verbally but never responding directly to the letter of demand. Also he keeps trying to get me to sign a surrender letter he wrote on my behalf addressed to council surrendering the CDC formally. Because of this I assume he will not reimburse me without legal action.
The Environmental Planning Act 1979 section 109p says I am not liable. How can I make him cover these damages? Small Claims Court? Report him to The Building Board of Professionals? Land and Environment Court?
Please help. I need guidance. I am willing to represent myself and need a point in right direction.
Thanks