- This topic has 2 replies, 2 voices, and was last updated 13 years, 3 months ago by .
-
Topic
-
I live in a luxury, recently completed apartment building in Tweed Heads. There have been plenty of (not unexpected) defects emerge during the building's infancy, some identified by the owners and some by the builder or developer. They are gradually being dealt with satisfactorily by the builder who is one of the biggest in NSW.
We have a serious problem with the glass in the main “view facing” windows, completely ruining our beach & surf panorama. The outside surface appears to have been damaged (possibly by a corrosive liquid) during the build and we are left with ugly, extensive and unremoavble streaks the full length of all the windows (we thought it was just dirt when we purchased and did list it during initial inspection as needing fixing).
The problem exists in a couple of other apartments from a total of 200. The builder has made at least 4 visits with experts and attempted to rectify the problem but has admitted failure. 8 months later there has been absolutely no improvement. At this stage the builder has made no commitment to do anything to solve the problem other than “keep trying”. The building manager feels this glacial process is reasonable and is allowing the builder to set the pace. The BM (who is a rookie and probably about to lose his job) resents attempts by us to press for a speedier resolution.
We have had advice (from friends who are architects/engineers) that the glass will almost certainly need to be replaced, probably in all the affected apartments: no easy job on level 46.
Whose buttons do we push in an attempt to have the windows fixed/replaced without spending big money?
-
Replies
-
Hi Lyn
There are a couple of things to note.
Firstly, you should review your contract of sale to determine if there is any provision addressing windows specifically or the condition of the unit generally and giving you an action for breach of contract.
Secondly (and this is connected to the first point), there is usually a defects liability period under the building contract between the developer and the builder whereby the builder is required to come back to fix defects which are reported within the first 6 or 12 months following completion (the length of the defects liability period will depend upon the building contract). This enables a developer to force a builder to fix defects for free in the period and consequently, it is important to push the developer on this point as this is the quickest way of getting things fixed.
I would by-pass the building manager and deal directly with the developer to ensure the message is being passed properly.
In the event, neither of the above are available, you'll need to look to an action in the CTTT for breach of statutory warranties against both the builder and developer.
Please bear in mind the amendments to the Home Building Act which will come into force in or about February 2012 which may limit your right to sue for the windows (ie you need to commence court or CTTT proceedings within 2 years of completion).
Let me know if you have any questions.
Regards
Chris KerinPartner – Building Defects
TEYS Lawyers
The Strata Law Experts
02 9562 6500
1300 TEYSLAWYERS
Suite 73, Lower Deck
Jones Bay Wharf
26-32 Pirrama Rd
Pyrmont NSW 2009
- You must be logged in to reply to this topic.