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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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My house down 2.5 years ago approximately. It was rebuilt

Customer Question

My house burnt down 2.5 years ago approximately. It was rebuilt under insurance. We have had many dramas in this time and the issues are still ongoing. We live on a farm and have a septic system which dosnt work properly. Our house smells of septic on the odd occasion. The drains and toilets bubble constantly and toilets don't flush properly. We voiced our concernes many times during the rebuild and were told we didn't need to be concerned it wasn't our job and a plumber told my husband the he didn't work for my husband and wasn't going to take orders from him.we were totally investigated by the insurance company and living in a small country town people were saying I set the house on fire because we were investigated. Right from the start it's been a nightmare and is still a nightmare. I have contacted the building contractors so many times I have lost count. What are my rights. What should I do?
Submitted: 11 months ago.
Category: Australia Law
Expert:  Leon replied 11 months ago.

My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question.

Expert:  Leon replied 11 months ago.

Good Afternoon

Have you reported this to the insurer?

Do you have the plumbers details and copies of any contracts?

Customer: replied 11 months ago.
Hi Leon. I have spoken to the insurance company many many times also have spoken to the building contractor many many times. The building contractor got the plumbers however I know their name and where they are from. No I have no contracts for anything to do with the rebuild I would think the insurance company has them.
Expert:  Leon replied 11 months ago.

Good Morning

Did you sign the contract with the builder?

Customer: replied 11 months ago.
We moved into the house on the long weekend in October last year and I have been contacting the insurance company and the building company very regularly regarding this issue for the last year I would say. I contacted the building company last Monday 14th and have had no reply. I contacted the insurance assessor today he did reply and say he was going to contact the owner of the building company to sort it out. How much longer should I wait for them to sort it out?
Expert:  Leon replied 11 months ago.

Has the insurer come out and seen the issue?

If you have not signed the contract but the insurer has you have to chase the insurer.

You can do this through the ombudsman. I would suggest you have an independent plumber look at it and advise what the issue is and the cost of repairing it before you take it to the ombudsman.

Customer: replied 11 months ago.
To be honest I don't remember. I presume we would have but it was probably 2 years ago and so much traumatic stuff has happened in that time. I have no copies of any contracts to do do with the rebuild. Can I request them from the building company or the insurer?
Expert:  Leon replied 11 months ago.

If you have signed the contract you can take on the builder yourself and have them repair it and if they dont then pay fro another plumber do the work through NCAT

Expert:  Leon replied 11 months ago.

The building company would have a copy so try them first if they refuse call the insurer and ask if they have a copy.

Customer: replied 11 months ago.
We have had another plumber come have a look and he has put his recommendations to the building company but nothing has been done. That was about 6 months ago.
Expert:  Leon replied 11 months ago.

Good Afternoon

Do you have a copy of the recommendations and do they say what the issue is?

Customer: replied 11 months ago.
No. I have no copies of any contracts or recommendations or anything to do with the rebuild.
Expert:  Leon replied 11 months ago.

You need to get copies from the insurer and go from there. You need to know who signed it as they are the ones that can sue the builder and chase them up. If you have not signed it you cannot sue as you are not a party to the agreement. You can only deal with the insurer if they signed the agreement.