has any one had trouble with builders?bad workmanship?how do i find the standards for building wok. help?

Question

we brought a home & land package & have had nothing but trouble in the two years we've had it.Recently the fences collapsed again for the second time.The fence is built ontop of a retaining wall with brick piers & timber panels between.Builder claims it has been built to australian standards and will only repair it to the same standard and cannot guarentee that it will not collapse again.have not been able to find the standards on the net.Can anyone help me?Has anyone been thru a similar experience?

Answer 1

I live in the USA, but I imagine the laws and regulations covering this type of situation are similar. First order of business is to make sure that all evidence is preserved. Take lots of pictures and date them as conditions change. Preserve all correspondence, documents, etc.. Keep a phone log and diary of all conversations with the builder identifying date, time, and subject of conversation. All of these tasks may prove to be valuable to you if needed at a later date.

Any "austrailian standards" governing the physical construction of different types of fencing may be next to nonexistant. Building codes usually cover the structural elements of a building and do not usually cover fencing. However, all may not be lost.

An important element of contract law is something called "implied use" (or some similar phrase with the same meaning). In essence, it says that a thing should do what it was designed and sold to do. Consider a new refrigerator that does not maintain a cold temperature. It is still a refrigerator, but it does not serve the function for which it was intended. You have every right to demand that it be fixed free of charge, replaced, or your money back. The same thing applies to your fence. It is designed to create a barrier and if it falls down, it fails to serve it's purpose. You have a civil case against the builder if he does not fix it or replace it. Best advice is to see a local attorney who has experience with real estate and construction matters.

Good luck with your situation.

Answer 2

It depends on what state you live in. In my state no one needs a license to build anything. Builders in every state will promise anything but put you off and put you off until you give up. The only recourse is to take them to court, which is expensive since the amount is almost always more than small claims limits.

We've learned our lesson--the BBB and former customers are the best source to choose a reputable builder. Don't believe one word they tell you about themselves.