Owner builder’s responsibilities

Hi
We would appreciate everyone’s input here with a warranty issue on an owner builder renovation please.
We carried out a reno as owner builder and subsequently sold the house. New owner explored issue with sewage connection (which was part of the reno) & hired a plumber to fix the connection. He now got in touch with us seeking reimbursement ($5k) & explained he had to call someone in i/o contacting us due to emergent situation (ie toilet couldn’t flush).
I understand that this sewage connection issue should have be under our plumbers warranty but I wasn’t sure if we would be able to claim the cost back from our plumber.
Q1: will our plumber be liable for reimbursing the $5k paid provided he didn’t perform his work up to standard?
Q2: is it our responsibility or is it new owners responsibility to claim warranty from the plumber who carried out the work in the first place?

Thx heaps

 

This is the legal issues area...care to share what ur lawyer said?

 

Did the purchaser rectify without advising of an issue and giving you/your Plumber the opportunity to rectify first? The description of the works could be anything bit in reality, the the purchaser put plumbing to a new ensuite instead?

 

Yes the new owner rectified the issue without giving us and plumber an opportunity to address the issue first.
Because of this I’m not sure if it means he forfeited his right to claim warranty

 

How can they expect you to pay for it if a) you/the plumber were not given the opportunity to repair? (unless it was an emergency repair - possibly) b) what proof do you have that the work was actually done & not some other work?

 

@Tinaandalex
Can you please keep us updated on this topic as I am working on our owner build reno atm.
Thanks

 

The new owner only has to contact you - since you are the builder.

You then contact the plumber to sort it out, since you engaged them.

Some domestic building insurance (the builders warranty insurance that owner builders have to take out if selling within 6 years of the build) covers non structural defects for a couple of years after the build - in addition to the period of structural defect cover.

 

Thanks Joynz. This is in line with our understanding. Does it mean the new owner is no longer qualified for warranty?
Re. domestic building insurance, I've just checked and it only covered when we - owner builders - dies or insolvent.

 

If the 1st Plumber was smart and has photo's of the entire set -up and lic's ,and had the council permits in place and signed off and the sewage connection's were set right in the first place as most would do then you do you blame,they would have that from the camera's going down in the first place..imho..

 

Check with your solicitor.

Non functioning toilet is classified an emergency issue.
Marg

 

Thanks Marg. Our solicitor pointed us to consumer affairs and/or plumbers :-(

 

Hi Willair,
We were provided with certificate by the 1st plumber that included the sewage connection. The building surveyor signed off relying on the certificate provided by plumber.
The new owner however said he's got photo to show how the pipe wasn't connected properly. However in terms of process, is the new owner allowed to engage his own plumber under emergent circumtance and subsequently seek reimbursement from 1st plumber/owner builder?

 

Sounds like a real mess,in term of the next step and by the sounds of this it would be time for the legal people you employ to sort it out .I have been through this a few times ,and why i gave away Plumbing ..

 

do you know who exactly can provide legal/professional advice on this please? Also appreciate if you can share a contact if you know anyone in the field.

 

If the home's in Victoria, you have a free government conciliation service, Domestic Building Dispute Resolution Victoria.

 

A solicitor in your state, one who knows building issues may be best as they will have encountered this. . They will advise on how the state laws on building warranty apply to your case. Jumping to conciliation without knowing liability would be impractical. The solicitor may find the law excludes the defect for a claim since you were not given opportunity to correct it etc. Or may initiate a demand for the defect by the plumber. There is always a process. Having a solictor to advise and defend the claim may save you.

Google - solicitor victoria building warranty ..

 

i've done a few owner builder (house and reno) before - not doing it again LOL. Currently waiting on one for the warranty period to expire before it goes

I would just ignore that 5K request it as long as you got the plumbing certificate you can say it was done to compliance - if the issue was wrong install it is OK (the plumber who originally did the work has to come back and fix it).

I had a similar issue like you - i had a plumber (who was really good) however he had his apprentices do some of the work and didn't check so the AG pipes coming from the house needed to be at least 1 meter in the ground. The apprentices just put into the ground and shoved some dirt on it. it didn't get picked up as mulch and rest were put on to hide it. It obviously was discovered when the new owner wanted to the re-do the landscaping. Reported it to VBA (well it was the building authority back then) - it got investigated and the plumber came back to redo the work. So what if the work needed to be done ?- the original plumber needs to be responsible for it and come back to fix it up and he needs to notify you. Logically, If this was the case, every builder would be footing random bills for warranty fixes - they won't have a leg to stand on even if they took you to VCAT. the trade always needs to be given the opportunity to fix up his work.

i had AC leaks before as well - which damaged my floorboards - the guy who installed it needed to be responsible to come back and fix and also pay my excess.