directions hearing no. 3

**angry blog warning**

Yep, we're up to hearing number 3. It's 8 months since we lodged the Claim, and I'm now feeling supremely disappointed that this process is dragging on with no Final Hearing in sight.

Yesterday's Hearing was an utter shit fight. Both parties have had ample opportunity to gather evidence for their Claim, and a chance to respond to the other applicant's Claim. We're talking 6 months of opportunity. Yesterday's hearing was supposed to start surmising all paperwork and move towards the Final Hearing. Instead, the Arbitrator allowed the Builder to add further evidence to his Claim, and further rebuttal to ours.

This paperwork was due 10 and 6 weeks ago - that was the instruction laid down in the previous two Hearings!!! What does this mean? Many more months to wade through his bullshit until we can get back to where we were supposed to be yesterday. Why did the Arbitrator allow this? God only knows.

Arbitrators seem to be like Council inspectors...every one you meet wants to change the rulings of the previous one, and put his 'stamp' on the process. Due to the Builder's heavy accent and inability to speak up (he mumbles a lot), the last two Arbitrator's have mistaken this for the Builder not understanding and extending him extra allowances. We're so disappointed this has happened as we know full-well he does understand everything. He may be arrogant, but he's not ignorant.

This Arbitrator also wants both Claims to be amalgamated into one Claim - unbelievable! We're opposing parties. Why are we expected to work together to file one lot of paperwork???? Isn't this what claiming and counter-claiming is all about...having a separate Claim? UGGHHHHH!!! Yesterday we walked out no further ahead, in fact we walked out months behind.

When will this ever end?

This process doesn't just cost us in time off work and time to build each Claim and response, but time talking about it, time away from my family, time stressing about all the things that are still incomplete, time spent worrying over all the faulty things, and time feeling hopeless and empty. I hate this house. This was the biggest mistake EVER.





We should receive a notice in the mail soon on our next Hearing. At that Directions Hearing we'll get further instruction on paperwork due (the Arbitrator couldn't explain yesterday as he was hungry for lunch), and arrange for another Directions Hearing to hopefully get us up to where we should have been yesterday.

I've lost faith in this process. I thought NCAT was supposed to be 'for the consumer'. Instead the Builder is receiving time extensions, allowances for submitting incorrect evidence...he even got away with using a Pensioner's discount to lodge the Claim because he has a Family Tax Benefit. WTF? Meanwhile we're binding every document, filing as-per the process, meeting every deadline....for what?

I'm tired of people telling me 'it'll all work out', or 'justice will prevail'...will it? We can't be sure that it will. Apparently if you're a Builder who feigns ignorance, you're able to build a shitty-quality house, and answer to no one. You just keep muddying the water until people run out of time and patience to call you on your actions and bring you to some kind of consequence.

We received a phone call from his subcontractor - the Build Supervisor - last night. This is the first time we've heard from him since Mediation 9 months ago. Trying to play the 'good cop', and asking us where everything was up to (as if he didn't know, he was obviously calling on behalf of the Builder), he warned us the Builder was employing a lawyer to drag things out as long as possible.

He called our Claim ridiculous (whatever) and tried to dissuade us from continuing with Arbitration. He finished by trying to broker a deal where if we dropped our Claim, the Builder would drop his Claim and give us the certificates necessary to receive an Occupancy Certificate - and we all walk away. We said we'd think about it (this is a negotiation after all). We haven't.

The offer is ridiculous - what about the $36,000 worth of gyprock that needs fixing? The incomplete tiling to the entire outside area? Damage to windows and bricks? Painting and cleaning? New balustrades? The list goes on, and on. We can't afford to do this ourselves...nor should we have to. This house wasn't built to plan or code. Why should we cop the cost for their shitty workmanship and cost-cutting on standard items?

The conversation ended with a "we'll think about it and get back to you", but we won't. Until something semi-reasonable comes on the table, we just have to keep going with Arbitration, hoping some resolution comes soon.