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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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We built our home in 1998 and needed to have our ensuite

Customer Question

We built our home in 1998 and needed to have our ensuite floor repaired by Rossdale homes in 2003 as the weatherproofing was not done properly. In 2015 I made contact to explain that it had again faulted, causing the cracking of tiles and sinking of the floor. Rossdale Homes informed me it was tough luck as the workmanship is only covered for 5 years. I then made contact with our house insurance who said the claim was ineligible based upon 'escape of liquid'. The plumbers who were here stated that because the wood making the subfloor was not replaced after the initial floor had failed it had since rotted causing the weatherproofing to crack. I contacted Rossdale to say the fault is based upon the workmanship. They explained it's past 5 years so tough luck. It doesn't seem legal that they can do a faulty job that patches a problem up for over 5 years and then there is no accountability. Is this the law?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Cheers,
JA: Hello. How can we help?
Customer: In South Australia
JA: Has anything been filed or reported?
Customer: There has been a plumbers report filed with both the house insurance and Rossdale Homes
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 9 months ago.
Category: Australia Law
Expert:  Leon replied 9 months ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise but a guide to assist you.

Have you had it checked and were you advised whether it was caused because of faulty workmanship?

Customer: replied 9 months ago.
The plumber working for the insurance company stated that it was due to the wood rotting as it was wet and left rather than having the subfloor below the damaged area replaced
Expert:  Leon replied 9 months ago.

Good Afternoon

So are they saying that they work was not done correctly by the company? If they can put that in writing and are happy to give evidence in court you have a case to claim the full costs.

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