Recently my client had a win in VCAT getting substantial award against the builder for defective brickwork. Despite having no experience and no funds to bring me along as expert witness she took on the case and won through sheer determination and tenacity that followed extensive preparation and collection of evidence. The result was both disappointing and pleasing. It was disappointing because the award was only about a quarter of what she was seeking(i don’t know why) but also pleasing because following the trauma there was feeling of victory and empowerment. The growth and confidence that she got from this case will follow her and make her life better. Here are the parts of my expert witness report:
A summary of the opinion or opinions of the expert:
In my opinion, face brickwork is comprehensively defective because it does not meet functionality of uniform and pleasing appearance. Builder has failed to control quality of bricks, site blending and workmanship. An attempt to paint brickwork to attenuate variation in colour is in my opinion unacceptable. It is difficult to see how paint repairs of face brickwork is consistent with “the maintenance of proper standards” as demanded by Domestic Contracts building Act 1995
As property inspection expert I can attest that poor quality brickwork will devalue this dwelling in the event of resale.
and
- If rectification or demolition or other alteration of premises is recommended, the reason(s) for such recommendations and the likely cost(s) involved:
In making the recommendations and without being unduly harsh on the builder it is difficult to see why the brickwork should not be demolished and rebuilt. After all, builder is well qualified and well paid to produce brickwork of pleasing appearance. That this is not so is builder’s fault entirely.
In allowing brickwork to remain, the required standards cannot be maintained and will be diluted or lowered.
Under the legislation the only body that can lower or dilute building standards is Building Appeals Board and this does not include VCAT.
Consequently allowing defective brickwork to remain cannot meet objectives of DBCA 1995
Yes you can win but be ready for a difficult, challenging and traumatic experience. The win may only be a part of what you are seeking.
It’s difficult to know if the amount of the award would have been greater if she had brought me along. I guess we will never know.
