By Benjamin Millar
A West Footscray couple will be paid almost $100,000 by their house’s previous owners to cover the cost of fixing faulty renovations.
The Victorian Civil and Administrative Tribunal has ordered Jessica and Darren Mason to pay Cassandra and Darren Fraser $96,700 to fix problems with the Robbs Road house.
The Masons bought the double-storey house in 2001, renovating it in four stages before selling it in 2013.
After moving in to the house, the Frasers became concerned about defects including a lack of waterproofing behind the tiles in a downstairs bathroom, rotten external weatherboards, faulty electrical wiring and a growing leak stain in a downstairs bedroom.
The couple launched action in VCAT in January, 2018, seeking damages for breach of the warranties they argued were implied in the contract of sale.
A week-long hearing was held in May this year before VCAT member Christopher Edquist.
The Masons argued that under the Building Act, the vendor warrants that all domestic building work carried out in relation to the construction of the house was carried out in a proper and workmanlike manner and that all materials were “good and suitable for the purpose for which they were used”.
The Masons argued that works carried out between 2005 and 2009 were no longer covered by warranty, which was only applicable for six years and six months for works with a permit and final inspection or seven years otherwise.
Mr Edquist, however, took the January, 2013, contract date as the critical date, finding all works carried out after January 2006 were covered by the implied warranty.
“I consider that where the warranties apply, they can, provided an occupancy permit has been issued or there is a certificate of final inspection, be sued upon until the expiration of 10 years after the date of issue of the occupancy permit, or the certificate, as the case requires,” he found.
Mr Edquist ordered the Masons to pay the Frasers $96,700 to rectify problems, including $26,000 to make the stormwater drainage system compliant.
