Recently I was assisting my client in his dispute with the builder. Workmanship was plainly defective but the builder (top tier builder) refused to fix  drummy floor tiles (hollow sounding when tapped) claiming that “it was within tolerances” Here we go again! Builder was using Guide to Standards and Tolerances as his book of excuses for poor workmanship. I was there with my client and he was bouncing rubber ball on the tiles making hollow noises. It was disgusting. Builder would not have it in his house.

This is what I said in my report:

Inspection findings:

a)     Floor tiles were tested and 43 tiles from 316 tiles laid were found to be drummy. Only full tiles were tested and all cut tiles and edge margins were ignored for the purpose of the test.

b)     Peaking plaster joints were found in entry passage, bedroom and upstairs gallery

c)     Bowed cornices and wall hollows were found in several rooms

1. 1.     A summary of the opinion or opinions of the expert:

1. Ceramic floor tiling is defective because it is drummy and the cause is defective workmanship with insufficient attention paid to adhesion of the tiles to floor. It is recommended that floor tiles be pulled up and relaid as builder’s previous attempts at fixing have proven unsatisfactory. Since the tiles cannot be matched, replacement of the entire area of tiled floor is required.

1. Cornices are defective because they have been applied over plaster wall that was not straightened properly before plastering. The defect is visually unattractive appearance detracting from expected standard of workmanship. Cornices in affected areas should be pulled off and new cornices affixed after the walls are made good with additional floating of hollowed surfaces with plaster to attenuate bows.

1. Peaked plaster joints have occurred in areas where full sheets could have been used to avoid them and or have been incorrectly joined in defective workmanship. Peaked plaster joints can be avoided preferably by using full sheet length of plaster in the room or alternatively should be repaired by removing section of plaster and refixing with back blocking in a workmanlike manner.

1. All affected areas should repainted and made good

1. Rectification works will require dwelling to become vacated for the duration of four weeks

Included with my estimate was professionally prepared estimate of costs to fix building defects at around $ 25,000 (I can do estimates because I am QS Ex Victoria Public Service)

The matter went to VCAT mediation with no resolution, builder insisting that floor tiles were not defective and that he would get his own independent trusted inspector that will say so. As it happened his trusted independent expert is from a company builder has commercial relationship. This is what he correctly stated:

However the whole purpose of independent expert witnesses is “independence” Could he in his wildest dreams think he could get away with it and be taken seriously as independent” This is what he had to say

If that was your house would you be happy with his report and accept drummy tiles?

What is disgusting is that he is not independent but just a servant of his paymaster whilst pretending to be so. It does not matter what Australian Standard says and it does not matter what the Guide for Dummies says (Guide to Standards and Tolerances) because the tiles are drummy in breach of good workmanship and reasonable skill and care and consequently in breach of statutory warranty. Breach of warranty is a defect.

Somewhere sense prevailed and the builder called my client and whilst not admitting any liability agreed to rectify all items, pull up and replace tiles.

I think in the end they realised that my expert evidence would prevail.