This is our 4th week with a mediator involved. A huge step in itself (getting the Builder to agree to mediation), but no meeting has been scheduled to resolve anything just yet. So what have we been doing? Feeding the mediator with plans, emails, specifications, defects outstanding, photos and timelines to give him a thorough understanding of what has gone down over the last 11 months (from our perspective).
What has the Builder done? He's issued us with a final progress claim...hooray! It only took 6 weeks of asking!!! He hasn't provided any evidence of timelines or documentation to the mediator, and I'm not sure why. Maybe he thinks if he buries his head in the sand all will go away? In this last progress claim he tried to muddy the waters by stating that we hadn't paid for any variations - even though they were noted as paid on every previous claim. He even started messing with dates and paid amounts in an effort to bulk out his final claim (increasing it by $20K!).
I'm sure the mediator is clear on what is happening (and what needs to be done). I'm not saying we're right about everything - there's a lot we could have done better or differently throughout this whole process, but I can't help to think that things aren't right...
Lucky we've been pretty good with keeping all correspondence in check. It's a really big effort to respond to all of the Builder's disheartening emails, gather evidence to dispute his claims, and pull together all the necessary info for mediation (including the obvious excuses the Builder will come up with for time blow-outs, reasons for inflating costs, etc). At the end of the day, we just want this over and done with...finally.
There's a large amount of items outstanding. The mediator has been a great sounding board in what we should accept as part of the building process, and what is sheer sloppy work. He says we shouldn't have to put up with sub-standard work, or make compromises on the house we designed and paid for. Unfortunately this process has become so long and drawn out, we've just brushed over things to have it finished...hating it all the way.
So what are we talking about? Here's an example of our 'finished' concrete patio edge.
We had planned to polish this concrete area - we even put a different coloured aggregate in the wet concrete so it would look super-flash. The concreters didn't form / finish it very well and hence we have folds of plastic, holes and cracks in the edge. Doesn't look very nice, does it? The Project Manager's answer is to run some treated pine around the edge to cover it up. Nice one, but no. The other big problem with this edge is the fact that water runs back straight into the bricks below when it rains. It's supposed to be a drip edge but the Builder has clearly failed in achieving this. Until now he's just shrugged his shoulders at the whole thing. Now we're ready to take him to task on the job he hasn't properly completed.
This is one of about nine items that really require fixing...from re-plastering the ceiling to replacing the wardrobes. It's not like these are things that effect the structural integrity of the house...but why should we pay for the fixing of items that clearly weren't built correctly in the first place?
So now we're waiting for a meeting to be set and hopefully we can get somewhere with the certificates of occupancy, finishing of items and payment upon completion...hopefully. Failing this we're off to Tribunal. All of this evidence-gathering will not be lost at least we'll be well prepared. Keep you posted.
As I'm reviewing this post for spelling mistakes, it strikes me that tonight I sound calm and collected. This hasn't been the case on most days. I've been angry, sad, wanting to sell, and even never wanting to return to the house ever again (contemplating finding somewhere to rent until this all blows over). It has been an uphill slog at every step for me and my family...and most of it so very unnecessary. On one hand, it's just a house. On the other, it's our home.
