richie

Google 'builtforstrife' esnips.com/builtforstrife yahoo 'builtforstrife' Australia's building legends doing over good people, Adelaide South Australia.A HOME OWNERS NIGHTMARE or a SOCIAL DISGRACE?When is a philanthropist not a philanthropist? When he is doing over good people? When he builds your home in a poor shoddy manner? When he fraudulently certifies window glazing? When he fails to secure your roof iron? When he paints your house to resemble Jackson Pollocks 'Blue Poles'? When his plumber falls through your ceiling gyprock? Or is it when he says " you had in fact instigated the whole situation"?BUILTFORSTRIFE Adelaide South Australia Australia's building legends doing over good people.Built For xxxxxxxxxxxxxxxxxxxx Amid the glossy brochures, claims of built for xxxx and “long after price is forgotten the quality is remembered” I placed my faith and trust in an established Adelaide builder. The builder’s claims were endorsed by the company’s founder and managing director and I signed an HIA contract on 20-01-2003. (*App. 1)As construction slowly progressed I became increasingly alarmed at not only the lack of skill and proper workmanship, but also the inaction of the building supervisor.On 12.01.2004, almost twelve months later, I contacted OCBA and completed a request for assistance citing the problem as“Delayed completion in addition to poor, shoddy and substandard work. See letter/photos” (*App. 2)I also wrote to the building company’s managing director, via certified mail listing 21 faults and expressing “...my firm belief that the quality of workmanship in a -------- Home would normally exceed that carried out at the above property to date.”(*App. 3)OCBA responded to my complaint stating;“..At this stage of the building work you do not really have a complaint” (*App. 4)The letter to the builder remained unanswered and was returned unopened some weeks later.Issues such as veranda cement cracks 1.2m long and 4 inches deep, gaping hole in a sewage pipe, missing safety relief valve and fraudulent certification of glazing are just a few of over 31 items of concern. I even had a plumber fall through my ceiling gyprock after settlement date. I attempted to gain some redress from the builder with numerous letters via certified mail summarised in correspondence dated 14.09.2004 (* App. 5)I provided access 50 times over a period of 9 months for the builder to rectify issues.10 times the builder failed to attend or deferred.The new managing director of the building company (the former MD’s son) then attempted to apportion blame to me as a customer stating;“I find that you had in fact instigated the whole situation..”(*App. 6)I again consulted OCBA to be informed that OCBA’s powers were limited to “NEGOTIATION AND CONCILIATION”.I then sought engineering advice, legal aid and commenced a minor civil action no: AMCCI-05-XXXX (*App. 7)This action was subsequently discontinued following what I believe to be an intimidatory letter from the builder’s lawyer and a second engineer’s opinion.THE CASE In my case I have been the unwarranted recipient of poor shoddy and substandard work. (*App. & photos)I have been continuously treated with contempt and minimal, reluctant obligation by the builder.The pointless and needlessly drawn out time frame, combined with the disappointing outcome has had a significant impact on my money, as well as my personal well being.I find my attitudes and relationships negatively affected in a significant and detrimental way.It is understandable that poor workmanship will occur due to human factors.It is also understandable to a lesser degree that poor supervision may occur, for the same reasons.To receive poor work, poor supervision and ratified by the most senior company manager I find totally unsatisfactory.To seek redress through OCBA only to be told;“ at this stage you don’t have a problem” and then that OCBA’s powers are limited to “ Negotiation and Conciliation” is to further compound an already unsatisfactory situation.I have asked many people “Why do builder’s do this?” only to conclude “Because they can!”Builders are to a large degree UNACCOUNTABLE.THE CONTRACTAs outlined in the “Particulars of Claim” the HIA primarily represent builders and if consumers attempt to gain their advice it comes at a price.How can a body “independently” represent consumers and builders if they are in disagreement?This fact alone destroys the dispute resolution procedures of the HIA contract, how convenient for the builder!In the case of my veranda cement the builders engineering specification has two recommendations for control joint spacing depending on mesh size.As a layman I sought the opinion of an engineer, but they too are members of the HIA.Is the HIA an independent body?Is this fair for consumers?Without the support of an engineer my legal action could not be secured.How disappointing it was for me, not only to lack support, but also to see the builders ex display home with the same cement cracks.I now find out that after my fiasco the builder now inserts the control joint spacing as I contested.LEGAL ACTIONThe most common response to my complaints has been;“Why didn’t you withhold progress payments?”This option is of course “open to clients” however the advice I had was that I would be in breach of contract and the builder had the option to discontinue work.As I was paying $700 per month rent and financing home building you don’t have to be a Rhodes Scholar to figure out that for every month delayed I would be significantly worse off.What impediment was there on the builder?So the only avenue left is Minor Civil Action in the Magistrates Court.To most people this would be uncharted waters. In my case it was also after two years of stress, anger and sheer helplessness.Then I receive a prompt response – a letter from the builder’s lawyer succinctly enunciating what I perceived as intimidation.The best legal advice is available for those who can afford it, and there is legal aid for those who cannot.So what happens to all the everyday average income people like me? (*App. 9)CONSEQUENCESIn my introduction I stated that I was employed as a fire fighter and previously volunteered as an ambulance officer.I have too often witnessed the consequences of poor work practices resulting in injury. I have also witnessed the social impact of mental illness having had a brother die recently with schizophrenia.So why would a civilised society tolerate pointless contributory factors to both of these issues?Why would a civilised society allow a group of self interested unscrupulous builders to conduct business in such an exploitative manner?As climate change and terrorism pervade our surroundings our structures become increasingly exposed to wind, ground movement and shock impacts.How will roofing bear strong winds if it is not secured when built?How will residents be injured if glazing is fraudulently certified during construction?How will timber frame structures withstand wind or earth movement if they are not secured or nailed properly during construction? We know in South Australia that the consequences of poor building work and collapse HAVE BEEN FATAL.These factors exist today in our own backyard.All of us have heard stories of nightmare builders yet who among us has acted on this knowledge?My life has been tainted by a builder’s greed for money, a society that tolerates this greed and a system that has allowed this to occur.CONCLUSIONI believe there is a will to address the building industry deficiencies. Training as proposed could enhance skills within supervisors and tradesmen but how will this provide accountability for the consumer?Will senior managers continue to dictate profit outcomes before structural and business integrity, neglecting consumers and consumer rights? I believe that a Trust Fund to locate final progress payments could give consumers some security. This system works well for residential tenancy bonds despite most rental arrangements progressing amicably.While builders may complain of financial imposts of this proposal their complaints were deafeningly silent during the impost of a 10% GST on home building, and the builder’s complaints do not consider the social costs of poor or substandard building collapse.So who would administer the standards?The OTR has administered trade work, I believe to consumer benefit, and while Council’s may have relevant expertise to investigate building issues, I believe that OCBA should be the over riding authority AND have its own expertise. Yes that’s right OCBA as ‘judge and jury.’ Currently from my experience unscrupulous builders are the ‘judge and the jury’ and decent people are getting well and truly “done over” for the sake of a builder’s pleasure.I hope that people will take note of my building experience and benefit from my misfortune. Time may displace my disappointment of poor workmanship.Nothing will diminish the anger and demeaning disregard inflicted by callous building bastardry from the highest levels........... Built for xxxx.......I wish.www.esnips.com/builtforstrife