Académique Documents
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PO Box 835
Castle Hill NSW 1765
ABN: 97 094 165 563
Ph/Fax: (02) 8850 4408
Email: romeogpm@tpg.com.au
Solicitor/Conveyancer
Client:
30 October 2013
Report Number:
RG XXXX
Index
Section A
Page 3
Section B
Documents Reviewed
Page 3
Section C
Introduction
Page 4
Section D
Page 4
Section E
Method of Assessment
Page 5
Section F
Page 10
Section G
Executive Summary
Page 10
Section 1
Page 10
Section 2
Recommendations
Page 12
Page 2 of 19
A
A1.
A2.
Qualifications
A3.
I am a civil engineer, practising as a building consultant as well as being a
licensed building contractor with the qualifications set out in my annexed
curriculum vitae (Appendix A).
Matters upon which my opinions are based
A4.
In expressing my opinions in the following report, I have relied on:
(a) my experience as an engineer for nearly 20 years; and
(b) my experience as a builder for nearly 20 years involved in project
management and construction of several projects within the Sydney
Metropolitan area;
(c) my experience as a building consultant for more than 10 years; and
(d) my inspection of the premises at the following time(s):
26 October 2013; and
(e) documents provided to me, as identified at Section B, immediately below;
and
(f) reference to the Building Code of Australia, Australian Standards, and
other relevant documents that specify required performances in the
construction; and
(g) such assumptions of fact as I have been asked to make which I have
identified in the substance of my report.
B
Documents Reviewed
In the preparation of this report I have been provided with the following
documentation:
Page 3 of 19
C
C1.
Introduction
The building is a two (2) storey attached duplex residential dwelling of brick
veneer construction (hereinafter referred to as the Building).
C2.
The Building was constructed by XXXX Homes Pty Limited, ABN XX XXX
XXX XXX and Contractors Licence # XXXXXC (hereinafter referred to as the
Builder).
C3.
The Owners have advised that the hand over date was around November
2008.
C4.
C5.
C6.
D
D1.
D2.
D3.
The items noted in the report are observed and assessed as to whether the
construction is defective. In assessing whether a particular item is defective
or not I have made reference, where possible, to published and objective
performance requirements pertaining to the building industry, as available
and/or applicable.
Documents stating performance requirements exist for many specific types
of construction or installations; but not for all. Where possible, assessment
as to whether an issue/item is defective will be based on objective
performance criteria contained in published documentation. Where there is
no published performance requirement for a specific type of construction
Page 4 of 19
This report is prepared on the basis of the information made available at this
date and/or enquiries in respect of the report. I reserve the right to amend
this report and the opinions expressed in the light of additional information
being made available.
E
E1.
Method of Assessment
BCA now known as the National Construction Code (NCC) Series
The BCA is a statutory code given legal effect by the Environmental Planning
and Assessment Act in NSW. The BCA is law. Compliance with the BCA is
mandatory to the extent provided in the BCA. The BCA prescribes
performance requirements for each class of building.
E2.
BCA classification
The BCA classifies the Building as Class 1a: a single dwelling.
E3.
Page 5 of 19
(a) a warranty that the work will be performed in a proper and workmanlike
manner and in accordance with the plans and specifications set out in the
contract,
(b) a warranty that all materials supplied by the holder or person will be good
and suitable for the purpose for which they are used and that, unless
otherwise stated in the contract, those materials will be new,
(c) a warranty that the work will be done in accordance with, and will comply
with, this or any other law,
(d) a warranty that the work will be done with due diligence and within the time
stipulated in the contract, or if no time is stipulated, within a reasonable time,
(e) a warranty that, if the work consists of the construction of a dwelling, the
making of alterations or additions to a dwelling or the repairing, renovation,
decoration or protective treatment of a dwelling, the work will result, to the
extent of the work conducted, in a dwelling that is reasonably fit for
occupation as a dwelling,
(f) a warranty that the work and any materials used in doing the work will be
reasonably fit for the specified purpose or result, if the person for whom the
work is done expressly makes known to the holder of the contractor licence
or person required to hold a contractor licence.the particular purpose for
which the work is required or the result that the owner desires the work to
achieve, so as to show that the owner relies on the holders or persons skill
and judgment.
E4.
Page 6 of 19
E5.
E6.
Assessment of defects
Where specific construction does not meet the mandatory performance
requirements pursuant to the BCA, such construction is considered
defective; and, additionally, may be a breach of S.18B(c) of the HBA; the
construction does not comply with, this or any other law.
Where specific workmanship does not meet the standard of workmanship
described in the relevant Australian Standards, Codes of Practice,
handbooks, or other recognised industry guides to construction practice,
such construction may be considered defective, and, additionally, may be a
breach of S.18B(a) of the HBA; the construction is not performed in a proper
and workmanlike manner.
Where specific materials are used in a construction that does not meet the
standard of workmanship described in the relevant Australian Standards,
Codes of Practice, handbooks, or other recognised industry guides to
construction practice, such construction may be considered defective, and,
additionally, may be a breach of S.18B(b) of the HBA; materials are not
suitable for the purpose for which they are used.
Page 7 of 19
Approximate crack
width limit
Damage
category
Hairline cracks
Fine cracks which do not need repair
Cracks noticeable but easily filled.
< 0.1 mm
< 1 mm
< 5 mm
0
1
2
Page 8 of 19
Page 9 of 19
F1.
F2.
This Report has been prepared and written in accordance with the
requirements of the Chairpersons Directions CTTT CD2003-2 with respect
to the form of the experts report.
F3.
F4.
I believe that I have made all necessary inspections and enquiries that are
desirable and appropriate to form an opinion on the matters identified to me.
F5.
Executive Summary
G1.
G2.
Main Bathroom
The shower recess in the upper level bathroom was tested using a basic
flood test (See Photo 1) and a water leak was found along the floor of the
adjoining bedroom (See Photos 2 & 3). This appears to be related to a failed
or incorrectly installed waterproofing membrane. It appears that the Builder
has previously sealed perimeter joints with a flexible sealant in attempt to
rectify this issue, however, this is not a permanent solution and does not
provide an adequate solution to this problem.
Extensive damage has occurred to the particleboard floor sheeting, carpet,
plasterboard wall lining and timber skirting boards within the bedroom area
adjacent to the bathroom shower recess (See Photos 4 & 5).
Further investigation is also recommended to verify the extent, if any, of
damage to the concealed timber wall and floor frames adjacent to this area.
The appropriate performance requirement
Compliance with the BCA, at Section P2.2.1 as well as
AS 3740 Waterproofing of domestic wet areas
Home Building Act
Breach of S.18B(a) and S.18B(b) of the HBA.
Page 10 of 19
Photo 2 Evidence of water leak onto floor of bedroom area adjacent to main bathroom shower recess
Photo 3 Evidence of water leak onto floor of bedroom area adjacent to main bathroom shower recess
Page 11 of 19
Photo 4 Evidence of water damage to carpet in bedroom adjacent to main bathroom shower recess
Photo 5 Evidence of water damage to plasterboard wall lining and timber skirting board in bedroom adjacent to main bathroom shower recess
Section 2 Recommendations
2.1
2.1.1.
Page 12 of 19
2.2
2.2.1.
Procedure
The inspection of this Building has identified a defect relating to the
bathroom area. The defect, identified in this report, is considered to have the
potential to become serious in the future. Rectification work is considered to
be urgent for the following reasons:
- to preserve the safety of the users of this Building,
- to ensure that the amenity of the users is maintained at an appropriate
standard,
- to ensure that the cost of rectification is mitigated/minimised,
- to ensure that the equity value to this property is maintained.
2.2.2.
This report establishes that, in my opinion, the Builder has not fulfilled his
statutory responsibilities pursuant to the Home Building Act.
2.2.3.
I recommend that the matter be referred to the Builder, with a request to
rectify within a reasonable stipulated period.
Page 13 of 19
Any rectification works that the Builder agrees to rectify will only proceed if
the rectification methodology is approved and under the supervision of the
Owners or their representative.
If the Builder refuses to rectify in a manner that is considered appropriate,
the Owners may institute proceedings to enforce their legal rights pursuant
to the Home Building Act and any other warranty provisions that may be
applicable.
2.2.4.
If the Builder refuses to rectify, we recommend the Owners consider
appropriate action as advised by their legal representatives, which may
include any or all of the following:
referral of this report to a legal forum for orders that the Builder rectify
in accordance with warranty provision pursuant to the Home Building
Act,
referral of this report to the licensing section of the NSW Office of Fair
Trading.
2.2.5.
Urgent attention to these defects is recommended, to mitigate the cost of
rectification and because of potential danger to the occupants of this
building.
This concludes the written report.
My qualifications to provide this advice are appended to this report.
Please advise if further explanation of this report is required and/or if we may
be of additional assistance with this matter.
Yours faithfully,
GPM Pty Limited
Romeo George
BE (civil)
Licensed Building Contractor
30 October 2013
Report Number: RG XXXX
Page 14 of 19
ROMEO GEORGE
Abridged Curriculum Vitae
Address:
23 Wongajong Close
Castle Hill NSW 2154
Ph/Fax: 028850 4408 (m) 0425 226 772
Email: romeogpm@tpg.com.au
Qualifications:
Professional
Memberships
Associations
Career Profile:
1988-1993
1993-1995
1995-200 0
2000-present
of
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In consideration of the fee advised and payable by the Applicant to the Consultant, the
Consultant shall inspect the property and shall make a report thereon. The Consultant
shall only be bound to inspect and report on the part of the property that is clearly
accessible, including ceilings and sub-floors through existing manholes, trapdoors or
other suitable openings.
The Consultant shall not be obliged to open up and inspect roofs, walls or sub-floors
where no such access exists. Reasonable sub-floor access means any space with
clearance from ground to underside of joists no less than 600 mm (vertically) and 600
mm wide (horizontally).
The Consultant shall not be required to inspect those areas that require specific
Occupational Health and Safety cover and/or are precluded pursuant to that
legislation.
2.
The report is based solely upon a visual inspection by the Consultant on those parts of
the Building to which reasonable access is available at the time of inspection, provided
always that if the inspection is prevented or inhibited by any obstacles including, but
not limited to, cladding or lining materials, surface coverings, fixtures and fittings,
furniture, soil and plants (fixed or otherwise), the Consultant shall base his report upon
a visual inspection of those parts of the building that are able to be inspected without
removing or displacing such obstacles.
Page 16 of 19
3.
The Report is based on the condition of the property, the prevailing structural, soil and
weather conditions at the time of inspection. Prolonged periods of wet or dry weather
may cause structural changes to the property.
4.
The Consultant shall not be liable for the non-disclosure, in the report, of the existence
of defects not readily apparent upon a reasonable inspection of the Property (i.e. latent
defects). Deliberately concealed faults may not be detected. The Consultant shall not
be required to test materials forming part of the Property (i.e. no intrusive testing.
5.
The Applicant hereby certifies that the Owner of the Property or the authorised agent
of the Owner has consented to the Consultant gaining access to the Property. If the
Consultant is refused access to the Property whether such refusal is lawful or not, or
the Consultant cannot reasonably gain access to the property without danger of injury
or without trespass to land, the Consultant shall not be bound to enter the property and
shall be entitled nevertheless to receive from the Applicant his reasonable expenses of
travelling to and from the Property.
6.
Only the exterior of single storey roofs shall be inspected. Other roof surfaces are
inspected from ground level where possible.
7.
The Report is based solely on a visual inspection, and on the factual condition of the
Property at the time of inspection. The Report does not take into consideration the
following, unless expressly stated:
a. the design specifications of the Property (if any), or whether the Property was
erected in accordance with the design specifications;
b. the method of construction of the Property;
c. whether the erection of the Property was properly supervised;
d. whether the Property complies with all local building Codes or authoritys
requirements, or consent authoritys Conditions of Consent approval; or any other
Statute, Ordinance, Regulation or Standard;
e. whether there are defects in title, breaches of covenant as to the user or any
encroachments, or any breaches of the law in relation to the Property;
f. whether the drainage layout, sewers and downpipes were approved, or comply with
the requirements of the relevant authority. The Applicant should make all necessary
inquires of Councils and other Authorities;
8.
The Consultant will not be responsible for failing or omitting to include advice in the
Report in respect of:
a. latent defects in the Property or in the fixtures or fittings attached thereto, whether of
a structural nature or otherwise;
b. defects which may arise after the inspection from any cause whatsoever, including
but without limitation, abnormal weather, or abnormal uses or abuses of the
Property, or the fixtures or fittings attached thereto;
Page 17 of 19
c. structural defects in the Property, or in the fixtures and fittings attached thereto; and
d. `unknowables' defects such as, but not limited to, the course and efficiency of drains
when the inspection is carried out in dry weather; obstruction of sewer pipeworks by
roots or subsidence; obstruction and debris in cavity masonry; chimneys which may
require rebuilding or cleaning and the existence of asbestos.
9.
Whilst comments may be made concerning plumbing in the Report, the testing of taps,
sewer disposal systems, hot water systems and wastewater drainage facilities is
specifically excluded. Similarly, whilst the Report may include comments upon the
electrical installation, the testing of power points, light and switching points, is
specifically excluded.
10. Although comments may be made in the Report on the existence of destructive
insects, present or past, or destructive fungal growth, and of the existence of damage
that may have been caused to building materials (particularly timber) and the condition
of materials damaged by insect or fungal growth; the Consultant shall not be held
responsible for identifying these defects.
11. This report is not a pest inspection and the Consultant is not qualified to perform such
inspections. The Applicant is responsible for arranging comprehensive inspections of
the Property by a qualified pest consultant and for any necessary preventative
treatment as recommended.
12. The Consultant does not have, or express, expertise in pest inspection, timber
infestation, structural engineering, surveying or strata record inspections. If
recommendations are made in the Report that such specialist' inspections and/or
reports should be obtained, and such recommendations are not compiled with, the
Consultant shall not be responsible for that area of the subject property.
13. Cost estimates, if any, provided in the Report are a guide to expenditure, and not
accurate quotation prices for rectification of defective work, unless stated otherwise.
14. Defect reports are not necessarily exhaustive or complete of all defects identified. In
most instances, defect items that are considered relatively insignificant (in relation to
loss of amenity, ease of rectification and/or cost of rectification) are assessed as
commercially inappropriate to pursue, and are therefore excluded from the report.
15. Where an oral report is given the Consultant shall not be held responsible for any
matters whatsoever should the Applicant misconstrue and/or fail to understand such
Report. The written Report shall prevail at all times.
16. The Report shall not be used by the Applicant for any purpose other than that
nominated in the Application, or for making an assessment with regard to purchase of
the same. The Report shall be for the private and confidential use of the Applicant only
Report Number: RG XXXX
Page 18 of 19
and may not be reproduced in whole, or in part by any person, nor may it be used or
relied upon by any person other than the Applicant. The Report always remains the
intellectual property of the Consultant.
17. The Applicant hereby acknowledges and agrees to the full extent permitted by law that
in the event that the Consultant's services herein constitute a supply of services to a
`consumer' as defined in the Trade Practices Act, 1974 (the Act), as amended, and in
all other cases whether arising in contract or tort, the liability of the Consultant to the
Applicant shall in the case of any and all loss sustained by the Applicant be limited at
the discretion of the Consultant to:
a. supplying the said services again; or
b. the payment of the cost of having the said service supplied again.
The Consultant shall be totally excluded from any and all legal liability where any
account remains outstanding for in excess of sixty days.
18. The Consultant shall not be liable for failure to perform any duty or obligation that it
may have under this agreement, where such failure has been occasioned by an act of
God, fire, flood, industrial disturbance, inevitable accident, inability to obtain labour or
transportation, war, or any cause outside the reasonable control of the Consultant.
19. The Report is invalid unless the all fees have been paid with respect to the preparation
of the advice, and the Report is valid for 60 days from the date of invoice for the
Report.
20. The Report is not a guarantee; it is a professional opinion on the condition of the
inspected property.
21. These Terms and Conditions and Cost Agreement contain the entire agreement
between the Applicant and the Consultant. The Applicant acknowledges that no
employee or agent of the Consultant has any right to make any representation,
warranty or promise in relation to the inspection service and Report.
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