Hi, I recently built home through, GJ Gardner, South Auckland and have found...

Hi Naresh You can make a complaint to the LBP board via this link here – http://www.buildingguide.co.nz/resources-regulations/consumer-protection/ and it will also give you an overview of your rights as a consumer. But before make the complaint, however, I’d suggest you investigate other things first. GJ Gardner generally have a good reputation. Also, complaining to HO is not usually of any use, as your contract is with the franchise. If there are issues with the build, the GJ Gardner franchise is required by law to fix them all in the first 12 months with no questions asked (obviously damage done doesn’t count – this is for defects). The scratch marks are on the glass or frame? Either way, they would have used an external supplier for that and I would have thought they would have just passed the issue on to get fixed. It shouldn’t matter that the scratches aren’t visible from 2m or not, and in saying that, they’ve confirmed there’s an issue. This should be fixed to your satisfaction. The bathroom leak is a major issue and should be fixed urgently. You can check with your lawyer. You can check with Master Builders (I think they’re a member) You can go to the Building Disputes Tribunal Good luck

Hi Naresh, I can give you the email addresses for head office… not that they are helpful.

Hi Naresh, Can you please specify? Is this for the Manukau/East Auckland branch?

Hi Naresh, I agree 100% with Mark. However, the south auckland branch is not registered with master builders but are with NZ certified builders so you can raise it and complain it through them. We are having some issues with them currently and their responses are really poor but i feel they say that first to shut you up and see if that works. Dont fall for it. Like Mark said, raise it with your lawyer, the NZ certified builders and i also think there could be something under the consumers guarantees act. It is a painful process dealing with them I know but hang it there. Make sure to have everything in writing. If you are not happy follow it up with them in email. Don’t take their words for it. If they say they will do something then follow it up with email. Honestly it helps when issues arise. Goodluck

Hi Mark, Scratch marks are on the glass. They are saying scratch is not visible from 2 meters.

Hi Cara. I saw your comment about the Consumer Guarantee. We contacted Consumer about an issue we had and were told that the act does not cover new builds. Goodness knows why, but there you have it.

Hi We are having problems with our builders too. Is there no protection for the owner of a new house build. We have all these codes, acts and standards and we still don’t get it fixed. Have been ignored, fobbed off, told it is someone else’s problem, they deny there is a problem. Spend a lot of money and you get poor results. Have insurances, warrantees and guarantees and they don’t seem to mean anything. At our wits end!

Hi Naresh, They will push back much as they can as it will cost them to rectify. However, Have you contacted NZCB yet? Call up their number tomorrow and tell them your issue. I had a lady from their who i contacted and told her about our issue but asked her to just raise it as a potential issue and not contact the franchise until i went back to her (we were trying to resolve it ourself first). They will contact the Franchise for you regarding the issue. If i were you i would try calling up everyone to resolve the matter. For us that has helped so far. They know they are not just dealing with a family who they can easily shut off. We also made our lawyer aware of our issue and unfortunately had to spend out of our pocket to get an independent review done. However, that has really helped as they went from saying that was the best to agreeing to rectify it to some extent. I think it is equally important to remain calm. In our case i lost all the cool i had but fortunately i have a husband who deals with situations like this in a more calm manner.

Hi, What is the nature of the defects you have identified in your home? Regards, John Gray President The Home Owners & Buyers Association of New Zealand http://www.hobanz.org.nz

Well this is the place to name them,how else will people know which company is ok to deal with. It is very frustrating as they know that you can do very little,they are banking on you not knowing your rights,let them know in writing that they are forcing you to take it to the disputes tribunal by their lack of action.Its a very simple procedure,I doubt you would loose. In most cases they will reconsider their position. Failing that name the “shamed” on this forum

Hi John You name it. What hasn’t gone wrong. Our main concern is defect aluminium joinery and bricks (in every way). And if it doesn’t get fixed there is likely to be damage caused by it. And don’t know what else is wrong that we can’t see. What can you do?

Hi Sam. Yea its just so stressful. I am surprised i haven’t had a stroke!. The people who are supposed to protect us from this sort of stuff happening didnt. I have been let down by too many.

Hi John. Like everyone else we have experienced trouble with our brickwork. I do not want to name the franchise as I really think they have tried to do their best, but contractors have let them down. Our problem is different coloured mortar and scratches on our windows. There are spots of mortar on some of the windows and it appears someone has attempted to clean them and thus scratched the glass.

Hi, We have brick issues as well. Initially we had our franchise tell us that it was the best they have seen (honestly it was rubbish from every level). We made them aware that we were going to get an independent consultant to come have a look. Unfortunately we had to pay out of our pocket for the mess these builders/franchisees create. Once the report was done (it was done by someone well known in the industry) they agreed to do some work to rectify it (we are yet to see the result). However, they initially argued that no one had complained about the brickwork (our house is being built around 15 odd other new houses and all the brickwork is just as bad) and when we asked them to let us speak to at least of the homeowners they refused it. They clearly know the work is not upto standard hence didnt want us to start up something with all the homeowners around that neighbourhood. I assume these poor homeowners either have no idea about what options they have or are just fed up with dealing with the builders. If i were you, spend about $1.5-$2k getting an independent report done. Its not much compared to what it will cost to redo the brickwork yourself at a later stage. Have you lodged a complain with NZCB? Did you give it in writing to the franchise that you were not happy? have you paid all your money for the build or are you holding some? Talk to your lawyer. Fortunately our’s is a turnkey option so we haven’t paid any amount yet.

Hi Pollu, I understand you may have some sympathy for your builder, if it appears they have tried to do something to help. But frankly, you should not have so much sympathy that you let them off the hook. Because it is a fundamental principle of building contracts (which should all contain a clause to this effect) that the sub-contractors are working for the builder, not for you, and the builder is entirely responsible for any defects in the subbies’ work. If he chose a poor subbie (maybe because he was cheap) that should not be your problem. For this reason it is generally wise to avoid giving any kind of instruction, or making any agreement, directly with the builder’s subbies. It should all go through the builder, and at least confirmed in writing. So in your case, if the builder agrees (as he seems to do) that the subbie’s work is defective, then he should instruct him to remedy it, or bear the cost of the builder putting it right. As has been mentioned on this blog before, mortar can be ground out to a sufficient depth and replaced. Tedious, but not difficult. Damaged window panes can be removed and replaced. And if your builder does not sort this out, then go ahead and name and shame them. That’s what this blog is all about.

Yes Chris, your point is valid. So far our franchise has been fixing things that are wrong, or have made inroads to do so. Because they have been so good, we wish to meet them half way and allow the time they suggested for the mortar to merge to one colour before we request them to point it. I feel that is being fair. It also meets the disputes requirement of the contract.

Hi Chris Since a certain builder chose the tradies and is responsible for their work why don’t they fix it. Why would they not show up to even find out where the defect is located and just send the tradie around, so then you have to show them where it is. That would not be instruction. These builders that have done wrong need to pay in one way or another! Why should the customer compromise. Bottom line, building companies and tradies have standards and codes. They need to abide by them. It will be better for themselves to follow these, do they not know that. Do they want to risk their own reputation and getting future work by doing sub standard work.

Hi Concerned, I assume you’re responding to my post to Pollu on 2/5/18. You raise some good points and questions. And I’m as puzzled as you as to why your builder (or any other) would want to risk their reputation, and getting future work, by doing sub standard work. Presumably because there’s enough business around, and people who don’t know about them, that they can get away with that kind of performance. If not, never mind, it seems that in the building environment here they can just get away with closing down, and re-opening under another name. But to get back to the original point about a builder’s responsibility for the work of sub-contractors. Of course if you, the builder and his subbies are all reasonable people, with enough trust on all sides, and a subbie has just made a few honest mistakes, it may do no harm for the client to talk directly to the subbie. I would still immediately follow up in writing to the builder confirming exactly what was discussed and agreed with the subbie. However, as I’ve said before on this blog, once a Contract starts to go badly wrong, and if the builder is dishonest or useless, it never ends well. But still it may help to get some remedial action or compensation if you have a well written Contract, and follow the right steps. So in the case you mention if I were you I would: 1. Check to make sure your Contract has a clause making it clear that the builder is entirely responsible for the work of sub-contractors, as though it were his own work. 2. If that’s correct, then write to the builder quoting this clause, and requesting that he send a representative to all meetings with sub-contractors to discuss defective work. 3. If he refuses, or does not answer, then write again saying that if he fails to send anyone then you will take this as his authority for you to point out to the sub-contractor what remedial work you consider is required. But make it clear to the sub-contractor he should get his instructions to carry out the work from the builder, and he should talk to the builder about any cost involved. 4. Write again requesting the builder to instruct the sub-contractor to carry out the work, and confirm that he will be responsible for the cost of any such work. The danger you’re trying to avoid is that the builder suggests that you have instructed the sub-contractor to carry out an unnecessary change to the work (ie a Variation), rather than remedial work, and so you should be responsible for the extra cost. Of course, all of this tends to go more smoothly if you still have enough retention money to cover the cost of the remedial work, if the builder doesn’t do it! Good luck.

Many builders don’t care about fixing defects or substandard work because there’s a large demand for builders at the moment and most clients don’t do sufficient due diligence to ensure their builders do a decent job. If you have issues with your builder then go here: http://www.buildingguide.co.nz/resources-regulations/consumer-protection/