Homeowner Wins Compensation in Building Defects Dispute with Builder

In a recent VCAT ruling, the Tribunal found in favour of homeowners Neset and Hulya Icbudak in a long-standing dispute with Symmetric Homes Pty Ltd, awarding the couple $117,061.70 for defective construction work. This decision came after several delays and adjournments throughout the case, which also involved claims against other respondents. However, the tribunal ultimately struck out the claims against the second, third, and fourth respondents, who were also involved in the broader homebuilding project.

The homeowners, along with others in a similar situation, had been facing issues with their newly constructed properties, all allegedly built by Symmetric Homes. The Icbudaks’ case was the one that led to this significant financial outcome.

Defects That Led to the Dispute

The Icbudaks had multiple defects in their home that eventually led to the VCAT case. Among the major issues were:

• Structural defects in the walls and foundation, causing visible cracks and stability concerns.
• Water leakage from improperly installed windows and roofing materials, resulting in water damage to both the interior and exterior.
• Faulty electrical wiring and installations that were non-compliant with safety standards.
• Subpar quality materials used throughout the home, including for flooring and cabinetry, which did not meet the specifications agreed upon in the contract.

Timeline and Delays

The case was drawn out due to several adjournments, with the first major delay occurring in March 2020. A newly introduced expert report by the Icbudaks was submitted too close to the hearing, prompting the adjournment. The case was further delayed in 2021, pushing the final ruling until September 2021. Despite these delays, the Icbudaks eventually succeeded in their claim against Symmetric Homes.

Tribunal Ruling

In its final ruling, the Victorian Civil and Administrative Tribunal (VCAT) ordered the builder to pay $117,061.70 to Neset and Hulya Icbudak, highlighting the severity of the defects and the builder’s failure to meet contract obligations. The Tribunal found that Symmetric Homes Pty Ltd had breached key contractual terms and was responsible for multiple defects, including significant issues with plumbing and structural work that failed to meet industry standards. VCAT noted that the defects not only caused immediate inconvenience but also posed long-term risks to the safety and integrity of the home. The decision emphasised the importance of adhering to Domestic building contracts and ensuring that building work complies with the Domestic Building Contracts Act 1995. Despite the builder’s attempt to appeal the decision, the Supreme Court of Victoria dismissed the appeal, affirming the Tribunal’s ruling and adding further costs against the builder for the failed appeal.

Key Takeaways for Homeowners and Builder

This case underscores the importance of ensuring compliance with building standards and maintaining clear communication throughout the building process. For homeowners, it serves as a reminder to thoroughly inspect any work done and ensure any concerns are documented early on. For builders, it highlights the costly consequences of cutting corners and ignoring contract terms.