Issues with Canberra Builder

Issues with Canberra Builder
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User #34986 1489 posts
B.Thomson
Whirlpool Enthusiast
reference: whrl.pl/RdcF2d
posted 2012-May-31, 3:54 pm
O.P.
Hi all. I bought a house in 2007 already built and apparently just over
6 months old at the time.
By mid 2009 we started noticing cracks appearing everywhere, and the
roof leaked in a few places. I had the roof fixed under my insurance
thinking it was storm damage â€“ we'd just had some wild weather.
By October 2010, the problem had continued to worsen, the slab looks
like it's been shifting making the cracks larger, and the shower base on

the ground floor had separated from the wall causing water to leak into
the cavity. I had a plumber out to look into it and he recommended I not
get it fixed as the builder should have to make good.
I got my insurance agent out again to see if it was covered, however
they gave me a written report back saying they believed the issue to be
poor quality construction and as such not covered by my insurance, the
builder would have to cover it. This is because some of the cracks were
around 1-2 inches wide in some places, indicating major structural
damage. This is all over the house, front, back, doorways etc. Some
doors no longer close or open etc.
I started calling the company in Jan 2011. The very first time I got
through to a guy, left my name and number with him as he said he was
busy and would call me back. He never did. I called a few more times
into 2011 and always got voicemail, leaving my name and number each time.
In June 2011 I called a last time and this time wrote down the time and
date.
I then proceeded to get extremely ill (Crohn's disease, lymphoma etc
etc) and spent the rest of 2011 and into Jan of 2012 in and out of hospital.
In April this year I finally felt well enough to continue chasing this
up. I wrote a letter this time and attached the report from my insurance
agency saying it was the builders fault as well as my contact details.
To this date I still haven't heard back.
I'm getting fed up and want to know who I can contact in Canberra to
force this builder to send out their insurance agent to get the process
started to fix the house. In its current condition I would not be able
to sell it. I'm not ready to go to lawyers yet unless I have to, I'm

more hoping there is a government body or some agency responsible for
getting builders to honour their warranty's.
Anyone have any ideas?
Scoobth
reference: whrl.pl/RdcGqh
Sounds painful!
Have a look at the Master Builders Association, and have a talk to them
about the situation.
http://www.mba.org.au/
User #145082 1300 posts
Blue123
reference: whrl.pl/RdcGw6
Unfortunately, Canberra is a small place and so it is hard to get great
builders. It is sad to have something you call your own and then it
leads to a disaster. I do not know if naming and shaming this builder
will help because he probably has jumped states already.
Generally, builders gaurentees are for 7 years. If you are an
owner-builder then you must provide that gaurentee.
User #165231 1194 posts
flashback

reference: whrl.pl/RdcGG8
whim me the name of the builder if you do not mind
User #252823 1402 posts
plastererdan
reference: whrl.pl/RdcKhm
posted 2012-Jun-1, 3:35 pm
XBOX-360 writes...
Generally, builders gaurentees are for 7 years.
thats not for structure. structural warranty is 25 years. its the clay
that does it. to the op, see if you can track down a soil test that was
done. it will reveal what type of ground you have. there are minimum
requirements with slab thickness and design for different soils.
ring all the companies that do it in your city and see if they will
cough the report up.then get a building inspector to look at your slab
and report what hasn,t been done. then off you go to a solicitor. a
letter from them should get the builder moving.
User #145082 1300 posts
Blue123
reference: whrl.pl/RdcKBb
plastererdan writes...
see if you can track down a soil test that was done. it will reveal what
type of ground you have. there are minimum requirements with slab

thickness and design for different soils.
Yes, find that report which a soil engineer completed.
B.Thomson
reference: whrl.pl/Rdd59g
O.P.
well sent an email to the MBA on the 12/06/2012 and guess what, no response.
What the hell is it with Canberra?
Today I'm going to try Office of Fair Trading and ACCC.
If this goes on much longer it might be easier to just get hold of the
media and get them to do most of the legwork for me.
lj20272
I'm new here, please be nice
reference: whrl.pl/Rdd6lv
Hi,
I came across this thread whilst searching about a dodgy builder that
I'm dealing with myself.
Maybe you could contact Mike Welsh from 2CC. I have been keeping him
updated with my hassles. Maybe the more of us that whinge, the further
we might get.
Cheers
Amanda

Andrewdc
reference: whrl.pl/RdgFlm
posted 2012-Jul-31, 5:25 pm
Hi All,
I too made the mistake of buying a property from Empire Building Group.
The property was an off the plan purchase in the Mosaic Apartments. Once
I moved in I had issues with condensation beyond what is tolerable, and
in turn a mould problem.
The overall quality of the units themselves were also substandard at
best, being in the industry it is embarassing to see this quality of
work. I feel for the people who have worked themselves to the bone to
save enough money, firstly to secure a home loan, and secondly a home,
something which should be a wonderful event, a milestone, in your life.
I have spoken to the MBA who have mentioned that if the builder is not a
member then they have no real power to do anything. For matters relating
to structural problems I would highly recommend talking to ACTPLA. If
the matter is relating to defective work (which it sounds like it is)
they will send an inspector out to investigate. ACTPLA then have the
power to get the builder to rectify faulty work without the need for
litigation. ACTPLA's number is 6207 1923
Hope this helps,
Andrew
B.Thomson

reference: whrl.pl/RdloCn
posted 2012-Oct-12, 3:10 pm
O.P.
Well, to update this I was given the run around by ACCC and a few other
departments until finally the Office of Fair Trading was left as the
only one the others thought would assist.
I got hold of them in June. They needed copies of the letter and
insurance report before they could proceed, also I was hospitalised
again which added another two months to the time period.
I finally managed to get them all the documents and they wrote a letter
to Empire Building saying that they had 10 days to get back to them.
On what I believe was the 10th day, the Office of Fair trading heard
back from him. Tom (Empire Building) said he would have to review the
house and make his own assessment as my insurance company "would be
biased in my favour as I was paying them". I told Fair Trading that he
could take a look, but that until he sent out a third party from his
insurance or a building asseror it wouldn't be binding and for his
information only.
They got back to me and told me that Tom would call me to arrange a time
to come by.
That was a few days ago and as usual I have heard nothing from him. Then
today I got an email from Fair Trading saying that he had informed them
that he would be "interstate on business" and I could chase him up when
he got back.
This is the exact same thing he said back in January 2011 after which I

never heard from him again and was left leaving messages on his phone.
So I've replied back to Fair Trading saying this is unacceptable, the
whole point of their involvement was not for me to be chasing him up but
for them to enforce him sending someone out and progressing the issue.
Frankly I think I've done more than enough work chasing this up and I
imagine that a court would probaly see it my way as well. I shouldn't
need to be the one trying to get hold of him YET AGAIN when he has been
formally contacted by the Office of Fair Trading to say there is a dispute.
At this point I want to hit him so hard he doesn't have a business left.
Anyone know a good number to contact at Today Tonight or some such. I'm
going to start calling lawyers as well. Originally I would have been
happy to just get the damn house fixed but now I'm going to go for
damages as well.
I've fricken survived Lymphoma, having my intestines cut out and more
over this last 2 years and I just don't need the stress this whole thing
has caused. I've been 2 years without a main bathroom becuase of this
shitty building company and now they are going to pay through the nose
and never work in the industry again if I can help it.
Hopefully any lawyer I can find to take this on agrees. If anyone has a
good property lawyer in Canberra I'd love to hear about it, they have a
100% gauranteed win case here if they want to take it on.
Blitzkrieg Bob
reference: whrl.pl/Rdntk1
posted 2012-Nov-14, 12:07 am

edited 2013-Feb-24, 11:12 am
Seems like some people are not happy with Marburg Constructions
[img]http://www.flickr.com/photos/90009724@N03/8181918804/in/photostream/
[/img]
ColdRain
Whirlpool Forums Addict
reference: whrl.pl/RdnttK
posted 2012-Nov-14, 1:14 am
B.Thompson, good luck with this battle you have ahead. From experience,
Fair Traiding are toothless tigers. Rather useless even when we provided
clear cut specifications & tolerances by way of Australian Standards.
Anyway, good luck I hope it goes your way from here. Keep us informed,
as people love to see harsh justice served to those who deserve it.
20startlight
In the penalty box
reference: whrl.pl/RdA8AV
posted 2013-May-23, 12:10 pm
Hi Mate,
Have you had any progress / update ?
So far after reading this thread, There is one builder to stay away
"Empire Building Group " I did a google and could not find any link to
their website.
Cheers.

Peak Consulting
reference: whrl.pl/RdQOye
posted 2014-Feb-7, 5:06 pm
Disapointingly, this is an example of a situation which is becomming all
too commmon.
Our Consultancy specialises in dealing with the problem jobs and we
recieve enquiry like this very often.
Accountability is something that ACTPLA are working on but is it always
a struggle with companies readily choosing bankruptcy as a means of evasion.
For what it is worth, early detection, diagnosis and action is vital as
time often passes, predudicing possible claims.
As soon as you see a possible issue obtain professional advice, even if
the issue turns out to be benign, it is always best to have independent
advice to be sure.
CBR_pOOl
reference: whrl.pl/RdV7GW
posted 2014-Apr-3, 8:02 pm
edited 2014-Apr-3, 8:55 pm
There are powerful lobbyist groups like MBA or HIA who look after the
interests of the builders and their industry, however, to my knowledge
there is none for the owners. It seems the owners who are victimised by
unscrupulous builders have nowhere to go to seek assistance or advice.
If there is then I would like to know their contact, please.

@B. Thomson...
We had pretty similar experiences with our newly built house in Canberra
and our dream turned into nightmare within the first 3 months of
occupancy. Cracked walls, water pooling in the backyard, water leakage
in bedroom, mouldy ceiling, unfinished work/inclusion list items.... you
name it â€“ we had them all. During construction there were multiple
delays without any excuse putting us into financial pressure from
mortgage interest. We also received surprised bills despite it was fixed
price contract and were forced to come to a compromise or risk further
delays from disputes and legal costs. Lodged a written complaint with
MBA but had same experience as you. In the meantime, the building
company filed for insolvency as they ran into disputes with other owners
due to similar conduct. Note that there's nothing to stop the builder
from victimising someone else by forming a new company.
A320
Forum Regular
reference: whrl.pl/RdV7QR
Scoobth writes...
Have a look at the Master Builders Association, and have a talk to them
about the situation.
http://www.mba.org.au/
MBA always side with the builder ... waste of time.
CBR_pOOl

reference: whrl.pl/RdV7TQ
A320 writes...
MBA always side with the builder ... waste of time.
Exactly. We need owner's forum where people can share their experiences
and learn from other victims in similar situation.
CBR_pOOl
reference: whrl.pl/RdV7XB
Peak Consulting writes...
Accountability is something that ACTPLA are working on but is it always
a struggle with companies readily choosing bankruptcy as a means of evasion.
From my experience of dealing with ACTPLA for the past 3 years in
relation to the faulty works, they themselves do not have any
accountability.
As soon as you see a possible issue obtain professional advice
Seeking professional or legal advise is not free. Even after investing
on such advice there is not guarantee that the shonky builders will fix
their shonky works.
User #251995 8839 posts
Sir NoCashatAll
Whirlpool Forums Addict
reference: whrl.pl/RdV73G

CBR_pOOl writes...
It seems the owners who are victimised by unscrupulous builders have
nowhere to go to seek assistance or advice. If there is then I would
like to know their contact, please.
I was in the position to owner build and contract the work out and
supervise. I knew what I was doing and had honest tradies to deal with.
The good news for spec buyers is this
http://www.theage.com.au/victoria/290000-awarded-against-home-builder-metricon-for-faulty-slab-2
0140401-35wdo.html
The OPs original issue is slab heave and that's what happens on clay soil.
waterbaby61
reference: whrl.pl/RdWF4T
B.Thompson. I know that you posted nearly a couple of years ago, but how
have you gone with your building issue? Did you go to a lawyer? I have
also had a very bad experience building in Canberra. The matter is now
in the hands of my lawyer. The builders who do this are criminals, thugs
and bullies. I contacted everyone--ACTPLA, the minister, ACCC, Fair
Trading, the MBA. I fought for a long time. The problem in the ACT is
that there is no legislation protecting consumers. Builders continue
these practices because they have always got away with them and no one
has stopped them. The MBA protects them and does nothing to stop this
kind of behaviour. Did you call ACTPLA?

Spercepolnes
Participant
reference: whrl.pl/RdWICm
edited 2014-Apr-14, 6:08 pm
Perhaps Aus. needs to go to a building inspection regime, like NZ.
Perhaps a pre-pour concrete inspection may have picked it up........naah
â€“ everyone would scream about the cost!
As a qualified Carpenter, Quantity Surveyor and Building Surveyor, and
having worked in the Australian Construction industry for the last 10
yrs, I'm generally appalled by a lot of what passes for "quality home
construction" in Australia! I used to play a little game when I first
came over here â€“ failing new buildings from the street based on basic
building flaws, shoddy construction and breaches of building codes â€“ it
wasn't hard!
The building industry policing itself has ended up the same way as most
self policing regimes -looking after themselves and bugger the clients!
Mautje
reference: whrl.pl/Rd8gld
posted 2014-Nov-7, 11:17 am
Hi All,
Did anyone get any further with something similar to the issues?
I'm also having issues with a builder in Canberra: Stormer building

group http://stormerbuildinggroup.com.au/
They used to go under the name: Bonner Affordable Homes in the past.
We've purchased a property from them and needed to report any issues
within a month so that they could be fixed. Did so however: they went
into complete silent mode. Had my solicitor send the request to theirs..
that's a good 3 weeks ago (at the least) still nothing.
When still negotiating the price they were very fast with getting things
done but the moment the deal was completed nobody home anymore..
I've also send an inquiry to Master Builders to get an official
complaint in but no response yet. ACTPLA is looking what they can do for
me at the moment. But there should be something that can be done against
these practices? Is there already some sort of register or Website in
place that warns people against these rip off practices?
I'm still searching but might setup one myself just to save others the
headache they're causing

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