Builder/Certifier screwing me, time for lawyers..

I've done a very large renovation, through one of the one-stop-shop 'add-on' companies. Added second story, extending back, whole works. Major issue has blown up around associated landscaping. Here's what's happened:

* Some retaining walls and paths needed to be demolished and rebuilt to accommodate the build. At initial meetings with builder, they say I can get someone else (a landscaper) to rebuild those retaining walls and paths as they're finishing up, and then their certifier will sign off on the OC. They say these will be characterised as 'repairs' by the certifier.
* Building contract. I'm not completely stupid, so have them insert a clause saying the builder IS required to obtain the final OC.
* Building finishes. My landscaping isn't done yet (backyard is a hill of un-retained mud). No matter - certifier issues partial OC subject to completion of retaining and landscaping. Yes, it is fuzzy as to what this means exactly, but is discussed with ceritifier on phone.
* Landscaping done. Retaining done, paths done, all essentially just replacing old stuff that was destroyed.
* Certifier says landscaping was not addressed in the DA. Therefore, he cannot sign off on OC. He asks me to call council, to give him a written guarantee he is ok to sign off. I do, the assessment officer laughs, say it's a professional judgement call.
* Certifier says you will need to submit amended DA with landscaping on it.
* Builder submits amended DA (after I pay him some $) showing landscaping plans.
* Council (finally) approves, however, with a tonne of conditions $$$. Among them, lots of engineer studies, detailed stormwater plans, installation of a rainwater tank system, new stormwater piping.

Here's my take:
* Builder negligent for not addressing retaining etc in DA in the first place
* Certifier negligent for issuing partial OC without reading DA.
* I have complied with conditions in partial OC.
* Builder still responsible for OC.

At this point I am ready to engage solicitors. Any thoughts about this case? Any solicitor you'd recommend?

 

Is the above included in your contract with the builder ?

Sounds like to keep the quoted price low and win the job retaining walls/engineering wasn't included by the builder (to be done by third party LANDSCAPER).

All your rights and the builders responsibilities should be covered in the contract.

The conditions of occupancy certificate require all DA/ building permit conditions to be met, who is responsible for rebuilding the retaining walls (and ensuring they are engineered) should be detailed in your building contract, if there's no mention there then it wasn't included (leaving you liable for the additional cost).

Goodluck

 

Did you picture yourself dropping the mic as you said that?

Please don't respond if you haven't read the post. A) conditions of interim OC were indeed met. B) builder is responsible for FOC.

 

No, sorry, didn't see points listed as A, or B in the original post (only dot points)

Your question tries to make the assumption that the builder is responsible/liable for the OC, though they are likely only responsible to meet these conditions in regard to the work they were contracted to perform only, not ALL OC conditions.

My point was that if the retaining walls are not covered in your contract with the builder then you may be liable for these, the builder is only responsible for their works as per contract to meet the conditions of the OC (not necessarily ALL conditions req'd to obtain the OC).
Meetings and phone conversations are great, if you don't have agreement for works in writting then you have no proof of liabilty to complete.....

But regardless, going legal only benefits the lawyers !

So my comment stands, "goodluck".

*for the benefit of future PC people with a similar issue please reply and post the outcome to benefit/help them should they find themselves in similar circumstances.

Cheers

 

Indeed, as stated, someone else was to do the retaining. And did, to standard, and in accordance with the requirements as set out in the partial OC.

The problem was that the builder's certifier changed his mind post the partial OC issuance, evidently having never actually read the DA he was supposed to certify. And so the builder, knowing he is responsible for the delivery of a FOC, submits an amended DA, showing the replacement retaining.

Now council has come back with 50,000 new requirements. It's a mess.

No 'good luck' sought mate, just helpful advice.

Cheers.

 

The certifier is appointed by the building owner no point blaming the builder for stuff the owner had the responsibility of managing.

That must've taken months to prepare.

 

There's something missing then.....

Be it engineering or inspections of the works during construction of said retaining walls, both the responsibility of those engaged to build the retaining walls.

If I was the "certifier" engaged by the builder, I doubt they would be retrospectively signing off for anything they weren't previously consulted on or didn't inspect (footings or ties) during construction !

Certifying something makes you liable, and too many insurance claims for failurs can cause premiums to skyrocket or have your certification removed, it's just not worth it for most

 

Would need to read the contract to see. What sort of dollars you talking? Litigation is expensive and painful. Might be better route like complaint to regulatory body or QCAT or similiar

 

If it's not specifically specified in the DA then council is reaching.

Years back council changed their policy to some street kerb requirements with regards to stormwater. When they approved my DA they had forgotten to include these new requirements. The stormwater engineer when doing the inspection would not sign off on it until the I had done x y and z. Probably would have cost 30-50k.

I went over my DA with a fine tooth comb and found that these conditions were not included. I let the chief engineer at council know that I will be fighting this at court if they pursued this any further an urged them to review my case asap.

They eventually agreed ( though fuming) and signed off on it.

Council then had the cheek to tell me that if I would like to do these works (min 40k) they would appreciate it.

You gotta be ****ing kidding me.


From what you posted the cost looks great. I would get legal advice and fight it if council won't negotiate with you.

 

Yes. The original DA for the entire build was approved without any of this nonsense - stormwater tanks etc. Replace a path and a small retaining wall (literally impossible to do the build without doing this, and partial OC says simply do it no further council approval required), and now council have tried to tack on every regulation they can find.

 

How high are the retaining walls? Do they need to be certified? If so they I would have though the landscaper who build them would have needed to arrange this given they built them. If they don’t need to be certified then do they really need to be done before the OC is issued? I think I would have pushed for the OC to be signed off without the landscaping done and then arranged that later and kept it off the DA.