Who is reponsible? Defects?

Discussion in 'Legal Issues' started by Blackmores, 7th Oct, 2018.

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  1. Blackmores

    Blackmores Well-Known Member

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    Melbourne
    Hi guys, we employed a builder to take charge of the entire project (planning permit, building permit, demolishing, stormwater, construction etc...) of building 3 townhouses a year back. Now, one of the units have some water pooling issues under their deck and under the entire house due to inadequate drainage design on a sloped land. The land sort of slopes towards the house and when it rains, water pools under and has nowhere to go.

    The owners of the unit is asking me or the builder to take responsibility for it. The builder is arguing he built according to what the council approved, including the stormwater design so he shouldn't be responsible. Is this considered a defect?

    What do you guys think? If it is my responsibility as a former owner/developer, i won't run from it but shouldn't it be the builder that should be responsible as we have no experience in this field? What happens if the builder do not want to take responsibility?

    Thanks
     
    Last edited: 7th Oct, 2018
  2. Perthguy

    Perthguy Well-Known Member

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    In Perth I would call the building commission. Do you have an equivalent in your state?
     
  3. Scott No Mates

    Scott No Mates Well-Known Member

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    Who designed it? Did you commission the architect or did the builder?

    Builder is the first go-to.
    Second is the architect/stormwater design engineer who designed that section.
    You're on the contract of sale not on the construction contract as Principal Contractor (you can disappear if you want to).
    If there was no drainage designed to handle this discharge/overland flow, push back at the builder/designer.
     
  4. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Worth discussing with Vic Fair Trading or a solicitor. If is a defined warranty issue then state law covers it ie Fair Trading. If its an implied warranty then it falls under Australian Consumer Law.

    Warranties and guarantees on building
     
  5. Blackmores

    Blackmores Well-Known Member

    Joined:
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    Location:
    Melbourne
    Thanks guys. Very helpful. We are based in Victoria.

    The builder took care of everything from start to end, such as architects, structural and drainage engineers, landscape etc.. all were guys he hired. The only consultant i hired myself was the land surveyor really.

    Is it me or are builders getting more and more irresponsible. Was going to reccommend some large projects to me from my associates.
     

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