Contract signedwith Shane Guymer, MD: 18 November 2013
Contractual date of completion:12 months from issue of building permit. Building permit was issued on 27 February 2014, therefore date of completion under the contract was 27 February 2015.
30 months over on 27 August 2016, and house not completed
It is now 30 August 2016. THIRTY months from the date from commencement of construction. The house is still not complete.
My details: Sanjeev Sabhlok, firstname.lastname@example.org.
ADDED ON 16 OCTOBER 2016 AFTER SHANE HAS NOT PROGRESSED ANY WORK FOR MANY MONTHS, DESPITE REPEATED REMINDERS:
DEFECTS IN CONSTRUCTION
Fix the aluminium sheet to the tiles on the upper balcony so that the repairs to the major leak in the roof are permanently fixed
Fix the water stagnation issue on the upper balcony roof, else the roof will rust and water will leak into the house in a big way
Fix the leak in the toilet seat in the powder room on first floor – photo has been provided.
Fix the wall that has been damaged due to absence of door stopper in the main entrance (and install door stopper)
Repair tile at the main entrance (near stairs) and trim the stair to avoid tripping.
Repair the storm water exit from the root in the back side of the house – water spills everywhere during rain, indicating either a blockage or damage.
Repair the damage to the door frames from nails from wooden blocks that prevented access – as requirement for the occupancy certificate.
INCOMPLETE ITEMS FROM THE MAIN CONTRACT
Laundry stairs: Either these are installed as per the contract or an offset for not installing it agreed, with only a permanent screen door installed, instead (a screen door is part of the original contract).
Clothesline: Install a Hills Large Double Folding Frame Clothesline Pebble Beach (https://www.masters.com.au/product/902486876), with steel posts. Location: Just outside the garden shed. Dimensions 2.2m x 1.2 m.
Screen door on main entrance: Install screen door on the main entrance door (near the main stair)
Linen cupboard: Fix shelf in the cupboard on the upper level of the house (just one shelf will do, instead of multiple shelves in the original contract)
Incomplete carpentry work: 1) external door for entrance to the area below the house; 2) Agreed defects identified in the the New Home Inspections report and signed by Shane Guymer as works requiring completion.
Incomplete rendering: There are large portions of the external area that have not been rendered. E.g. the entire side of the house with the main stairs, the front of the house with the electricity meter.
Incomplete painting: There are areas outside the house (e.g. stairs; areas of the walls) and inside the house (e.g. main doors) that have not been painted as per the contract.
Structural defects rectification: These are the agreed structural issues from the New Home Inspections report.
And anything else that was agreed as per contract but not listed here.
===ADDENDUM 4 JANUARY 2017===
Upon Shane Guymer not responding to repeated emails and SMSs, we lodged a complaint with Consumer Affairs Victoria. Today, CAV have closed the complaint on the ground that he refused to respond to them. Extract from CAV’s email below. And, of course, it is now more than 34 months since official commencement of construction of the house, and it is not yet complete.
=======EXTRACT FROM CAV’s EMAIL RECEIVED TODAY====
Consumer Affairs Victoria (CAV) emailed the following information to Shane Guymer and Guymer Lynnch Pty Ltd on 6 December 2016 (requesting a response by Tuesday 13 December 2016).
C2016/11/000691 – Ms Sabhlok
I spoke with Ms Sabhlok at length today and she will be sending me an email overnight setting out building defects and contractual issues that are still to be addressed which I will forward to you tomorrow. I remind you that Ms Sabhlok and her family took possession under a conditional OP which needs to be addressed.
Further I advised that ‘CAV cannot conciliate such domestic building disputes unless you engage in the process and are willing to work towards an agreed outcome’.
As the options available to progress are limited, I asked the builder to consider whether he was prepared to complete the building contract or make a commercial decision to settle. I also advised that I would be happy to meet with him at his business premises to try to develop ways to move forward. Unfortunately the builder has not responded to CAV. This means that CAV is unable to conciliate.
CAV aims for its conciliation process to be open and transparent, to be direct and clear in communication and for both parties to understand each other’s position and work towards a resolution. The builder has been afforded ample opportunity to address the issues raised in this complaint. CAV suggests that you obtain legal advice regarding your next steps that may include an application to the Victorian Civil and Administrative Tribunal (VCAT) for a determination.
CAV has also advised you to contact the RBS for advice on your next steps.