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Sinking That feeling

One end of Henry Wiraja’s home is 5cm below the other, and trusses are separating in his roof. Now he’s suing the builder, developer and council who built and certified the home for up to $800k. reports.

Geraden Cann

Henry Wiraja bought his first home in the Auckland suburb of Massey in February 2013, thinking that, because it was only about six months old and had recently received its council code of compliance, it was unlikely to have any problems.

But what began as a slight drainage issue revealed a bigger problem – his house was sinking.

A structural engineer’s report found foundations weren’t secured properly, joists that supported his bathroom and ensuite floor had been cut through to make room for drainpipes and insulation, and fixings were missing from his roof, with some structural trusses detaching.

Wiraja intends to take the builder and developer of the Gordon Stanley Dr property to court, as well as Auckland Council, which certified the home.

‘‘I didn’t know that the house was having problems from the beginning. It was a brand-new home, so I didn’t think I had to get an inspector or anyone else before I bought it,’’ Wiraja says. ‘‘I trusted the system.’’

Wiraja says about 21⁄2 years ago he noticed the floors at the back of his house were sloping. A house repiler told him the ground wasn’t stable, and quoted $2500 for remediation work.

‘‘They found water ponding as well around the piles, and some of the piles had started to rot as well.’’

While trying to claim at the Disputes Tribunal, Wiraja says the mediator told him he did not have enough evidence. So Wiraja commissioned a geotechnical report to check for ground stability, and a structural engineer’s report to look into his home’s construction. ‘‘They found out that so many things were wrong with the house, from the ground up to the roof,’’ Wiraja says. ‘‘They said it shouldn’t have got compliance in the first place.’’

The report found insufficient clearance between the sub-floor and earth underneath, excessive ground moisture below the floor of the kitchen and dining room area, missing bracing members around piles, floor joists that had been cut, and that bracing in the roof was inadequate. The engineer’s report found the house did not meet requirements set out in the Building Code, and the certificate of code compliance, granted by Auckland Council in June, 2012, should not have been issued.

It noted many of the homes’ issues could be attributed to ‘‘none other than poor building practices’’.

The front section of the house is on a concrete base, with the back on piles. A survey revealed the timber bearer running along the south wall had a 3 to 5cm slope along its length, and a pile in one corner of the building was cut through and joined using a galvanised plate – a remedy the report stated was ‘‘unacceptable’’ and left the pile with ‘‘no structural integrity’’.

An amended statement of claim lodged by Wiraja’s lawyer estimates cost of repairs to be between $700,000 and $800,000.

The claim alleges breaches of duty of care as part of negligence claims against the council, developer and builder.

The structural engineer’s report said the geotechnical report, conducted last November, found the ground area that supported the timber sub-floor structure consisted of highly variable material with evidence of manmade waste.

If the soil composition was variable, the foundations had an increased likelihood of moving, and possibly, over time, affect the structural stability of the building, the report said.

An inspection also found evidence of roof truss movement and detachment of structural truss members.

‘‘I’m not sure how long it’s going to last, but it’s like every now and then I can hear some

‘It was a brand-new home, so I didn’t think I had to get an inspector or anyone else before I bought it. I trusted the system.’ HENRY WIRAJA

cracking noises up in the roof,’’ Wiraja says. ‘‘I went up there. I find out some nails had started to pop out.’’

Wiraja’s lawyer was seeking to have the case heard in the High Court, and Wiraja said legal fees could be up to $120,000. ‘‘I thought, oh – where do I get $120,000 from? I had to ring the bank and find out if I could remortgage my home.’’

With the house appearing to be sinking, Wiraja said he could not get insurance, and the bank was sceptical of allowing him to remortgage in order to fight his case. ‘‘They are still deciding at the moment, so that’s my situation right now.’’

Wiraja is an electrician and moved to New Zealand from Indonesia in 2002. He supports his mother and father, who live with him. Callum McLean of McLean Law is representing Wiraja.

The defendants in the case have cited time limitations for a claim of six years under Limitation Act and 10 years under the Building Act in defences.

McLean said another limitation period in the

Limitation Act stated claimants had three years to file a claim from the late knowledge date for defects discovered outside the limit, which overrode the six-year limitation period.

He said Wiraja’s claim had been lodged within 10 years of some of the stages of the build and the issuing of the code of compliance certificate.

Cases like Wiraja’s had to be dealt with on a case-by-case basis, particularly when it was a subsidence issue, McLean said.

The developer of the property, Shah Homes Ltd, is being represented by law firm Smith and Partners.

A spokesperson for the firm said they could not comment on an ongoing legal matter.

‘‘Legal proceedings are at an early stage at the moment, information available to us from the other parties is quite limited, and our client’s understanding of the legal and factual issues may develop as the process continues, and further information is received.

‘‘Because of this it would be premature for us to respond to your questions.’’

A council spokesperson said the matter was the subject of legal proceedings, and the council was unable to comment.

The builder, Samson Construction Ltd, and its director Nobel Sen, have been approached for comment.

Property law expert Joanna Pidgeon said all home buyers should do their due diligence, and have a building report and a land information memorandum (Lim) report done.

‘‘It doesn’t matter if it’s brand new or not, I’ve just had a client buying a property nearly finished, and he wasn’t going to get it, and the building report raised some real issues we managed to get the builder to address prior to settlement,’’ she said. ‘‘Council CCC inspections (code compliance certificate) inspections aren’t going to pick up everything.’’

A Lim report would highlight any potential erosion, subsidence, slippage, flooding or other possible hazards to a property, she said.

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2022-05-22T07:00:00.0000000Z

2022-05-22T07:00:00.0000000Z

https://fairfaxmedia.pressreader.com/article/281569474340470

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