Is this IP issue covered by 6 year Building Warranty?

Hi All,

Quick question below to the brains trust if I may.

Issue: Free standing bath in a villa - Tenant advised last night that there is water draining out from “underneath” the bath.

Details:

• Location - WA
• Build complete/ handover December 2014
• Cannot confirm if bath has always been a problem - change of tenants in that time and don’t trust first tenants would have advised us.
• Same villa has had a lot of water issues (e.g. water coming up from shower and flooded bedroom/ water coming up from drains outside and flooding courtyard which Builder said not a structural issue but ended up fixing anyway.) Also the whole Laundry cupboard flooded out - Tenant mistake which we will “absorb” long term issue. Also ALL tap ware in all three villas have one by one split…... this place is the Aquarian of the IP world. many other non water issues too.
• Will not be able to look at issue myself until Monday which is all good with the tenants
  

I feel the best case scenario is probably a dodgy connection/ bath will have to be lifted out and issue sorted - which of course is going to cost a fair bit.

Question: Is this something that there is any recourse on the Builder or yet another “suck it and fix” ourselves? My thought is it is not “structural”, but damn I am tired of all the things they did dodge and we keep having to fix at our expense.

Thank you in advance

 

The Building Commission may be able to advise if this is covered by the structural warranty. If so, and the builder won't rectify the fault, you can lodge a complaint with the Building Commission. Their role is to sort out these issues. I have heard just threatening to take a builder to the Building Commission can prompt them to take action where they otherwise won't.

Building service and home building work contract complaints

 

Thanks heaps Perthguy. I was checking if I got an all out no from the forum and your reply helps support me in my "well just check it out anyway" thinking.

I will call the Building Commission after we have seen the problem with our own eyes next week if it is an appropriate way to go.

You are also correct - giving the Builder the notice can be enough to get action. We have had to do that previously with the same Builder. An issue he tried to tell me wasn't an issue he should cover (even after my enquires with the Commission pretty much indicated it was a clear case). It wasn't until he was given the notice he was prepared to act.

I truly wish to avoid any dealing with the Builder again, however we don't have the finances to continually fix expensive mistakes.

Cheers again for your reply and all your other posts

 

@Sasim, don't worry, it's not just you. My mate used one of the more expensive "boutique" builders and ended up with a bunch of problems. The builder refused to come out to site and remedy the faults so he issued notice he would take them to the building commission. He reckons on Monday there were 7 tradies fixing all the faults.

 

@Perthguy , Cheers for helping make it less personal - however it also winds me up more that there are so many Builders out there that do it

My Dad currently has a claim in with the B Commission - had a guy out to put composite decking down. Over years it started warping - we ripped some up and they hadn't used treated/ external timber for the frames!

The trade's 2 weeks to "find" paperwork is up on Friday so will see what happens. Tradie trying to claim Bunnings supplied the wrong timber...good luck with that one matey!

 

I hear you. I am not sure if you are very familiar with float and set but I heard about one the other day where the whiteset plaster didn't bond to the concrete render on a house. That means the whole house has to be taken back to bricks and start again.

I have been renovating a house for a year and I am obsessive about choosing the right timber for the right application and took a lot of time and care applying float and set to new brickwork. It seems like some trades don't take as much care and that is very upsetting for home owners.

 

@Perthguy .... well thats enough to stop me whining about a leaky bath! Also stop me complaining about the black "waterproofing" they splashed all over our white render!

As for your renovation - I believe taking the care will pay you back ten fold.

 

This is from BG Homes and lists what is covered under the structural & workmanship warranty - linky

Commerce WA

 

The warranty covers structural & workmanship

This may be a workmanship issue but may also have been caused through the bath having shifted and the waste no longer aligned with the drain.

 

Sounds like something the builder should cover, if it wasn't caused by tenant damage. Worth getting them out and inspecting etc.

 

@Scott No Mates @LifesGood Thanks so much for the links and information. Appreciated.

Hopefully I have attached the photo.

Lyndon - Im thinking and hoping it will be a struggle to put it down to tenant damage. Fingers crossed.

My thoughts are as Scott No Mates mentioned, the bath has probably shifted due to tenant use but in my mind, it is insufficient care in the installation that has facilitated it.

Points to anyone if you can see the build/ plans error and why we received an upgrade ( free greatfully) to this bath rather than a built in. @MTR and @Westminster you don't get to play this one

 

Hard to see how a tenant using a bath has caused it to move.
What did you expect the tenant to do? Stand at the doorway and admire it?
Marg

 

Hi Marg,

Not sure if your reply was to me or suggesting what I should be saying to the Builder, however we are on the exact same page.

The only way I can see tenant use being the cause of problems is if it wasn't installed properly. Add to that we have some pretty great tenants in there at the moment so don't believe they would be at fault at all even if it was possible.

Thanks for your post...will keep your quote in mind if it comes to calling the Builder....hopefully though it is something we can fix tomorrow.