In 1999, we contracted with one builder to build a family home and let's call this builder Builder1. And for some strange reason, the project manager of Builder1 transferred the contract to another builder and let’s call this second builder Builder2.
In 2000, Builder2 started building our house and we started questioning him on many items on poor workmanship when the house was on stage 3. He then suddenly disappeared and stopped doing further work. When we failed to get any response from him then, we engaged a solicitor and a legal letter was sent to him but he again failed to respond to any of them and in the end, Builder2 was not allowed legally to do further work.
We went through his insurance and they agreed to pay but not to cover the full amount of the repair and completion. The estimated repair and completion cost was $174,000 but his insurance only paid $105,000. We then engaged another builder - let’s call this third builder builder3 who accepted to repair and complete the work for the amount of $174,000. Builder3 did a very good job except for the roof installation.
When our roof was installed by Builder2 they used Zincalume and was not installed properly and Builder3 had to rip it all off and replace it with ColorBond roof. Although the roof was replaced, we still have major issue with leaking because we had and still have an issue with water leak until this minute since we moved in to our home in 2003. Builder3 was back and forth several times to repair our walls and cornices caused by the leak.
To be frank, one of the issues with the roof leak was bird’s nests which was causing blockage of the opening between the gutter and the downpipe as a result of that the rainwater overflows to our ceiling through the space between the gutter and the roof itself. I had to climb up the roof almost every 6 weeks to clear bird’s nest.
Over a week ago, I climbed the roof again and to my surprise no bird’s nest but we have major leaks on 3 bedrooms, one in laundry and another one in the kitchen area which I believe the kitchen and laundry leak are linked. The water is now coming all the way down to the wall and onto the skirting every time it rains and the other day the safety switch was triggered and we did not have power all night and waited for the water to dry.
I once involved VCAT to meet with Builder3 to rectify our issues and he agreed to do so and he did some of it but the issue with the kitchen and laundry are still not done.
My questions are now:
What can I do under property law to fix my issues with the roof?
Do we have any structural warranty or guarantee?
Is there a thing called 25 structural guarantees?
Is it too late to go to VCAT for a pre-existing problem?
In 2000, Builder2 started building our house and we started questioning him on many items on poor workmanship when the house was on stage 3. He then suddenly disappeared and stopped doing further work. When we failed to get any response from him then, we engaged a solicitor and a legal letter was sent to him but he again failed to respond to any of them and in the end, Builder2 was not allowed legally to do further work.
We went through his insurance and they agreed to pay but not to cover the full amount of the repair and completion. The estimated repair and completion cost was $174,000 but his insurance only paid $105,000. We then engaged another builder - let’s call this third builder builder3 who accepted to repair and complete the work for the amount of $174,000. Builder3 did a very good job except for the roof installation.
When our roof was installed by Builder2 they used Zincalume and was not installed properly and Builder3 had to rip it all off and replace it with ColorBond roof. Although the roof was replaced, we still have major issue with leaking because we had and still have an issue with water leak until this minute since we moved in to our home in 2003. Builder3 was back and forth several times to repair our walls and cornices caused by the leak.
To be frank, one of the issues with the roof leak was bird’s nests which was causing blockage of the opening between the gutter and the downpipe as a result of that the rainwater overflows to our ceiling through the space between the gutter and the roof itself. I had to climb up the roof almost every 6 weeks to clear bird’s nest.
Over a week ago, I climbed the roof again and to my surprise no bird’s nest but we have major leaks on 3 bedrooms, one in laundry and another one in the kitchen area which I believe the kitchen and laundry leak are linked. The water is now coming all the way down to the wall and onto the skirting every time it rains and the other day the safety switch was triggered and we did not have power all night and waited for the water to dry.
I once involved VCAT to meet with Builder3 to rectify our issues and he agreed to do so and he did some of it but the issue with the kitchen and laundry are still not done.
My questions are now:
What can I do under property law to fix my issues with the roof?
Do we have any structural warranty or guarantee?
Is there a thing called 25 structural guarantees?
Is it too late to go to VCAT for a pre-existing problem?
