New-build nightmare drains couple’s savings and sees them face $200k fine
An elderly couple fear the stress of a kitset build gone wrong could ‘‘kill’’ them as they face a $200,000 fine amid red-tape wrangling between builders and officials.
Tim and Linda Brandon expected their kitset home to be a cheap downgrade to prolong their Marton retirement, but their dreams were shattered when the project ran $40,000 over budget and failed its code of compliance.
Tim, 84, said mounting stress meant he wasn’t eating and sleeping well, and had prompted him to visit a doctor.
‘‘The stress will kill us,’’ Linda said. ‘‘It’s horrible. There seems to be this fight going on . . . and we are stuck in the middle.’’
The couple entered into a contract with Quickbuild and two Marton builders to assemble their home, but delays and wrong parts meant the project overran by two months.
Rangitıkei District Council inspectors then found Quickbuild-supplied bearers supporting the floor weren’t in the pre-approved plans.
A building report said one bearer had holes, and wasn’t galvanised to protect from rust.
It said the bearers must be replaced and coated to last 50 years.
Tim said the delays had drained their retirement savings, and they didn’t have the money to replace the bearers. Without a code of compliance their home can’t be insured, which left them feeling insecure and vulnerable.
The council’s findings are part of an independent review, and although chief executive Ross McNeil refused to answer any questions, council building and compliance officer Andrew Walker wrote to warn the couple they face a $200,000 fine if they refused to fix the problem before March 4. Which they haven’t.
Quickbuild chief Neil Colliver hired an independent engineer to assess the bearers and has applied to the Ministry of Business Innovation and Employment (MBIE) for a determination. He disputed the bearers needed coating, and the engineer’s report said the bearers were ‘‘essentially interchangeable’’ with those in the approved plans.
‘‘Our engineer’s calculations prove the bearers are the same strength. But the council are not accepting this, despite often employing the same engineer for their own jobs.’’
Registered Master Builders Association chief executive David Kelly said replacing bearers was a ‘‘significant undertaking’’ and would involve lifting the building off its foundations.
He said the council could accept the independent engineer’s report, but believed Quickbuild had a duty to fix the problem. ‘‘They need to deliver on that contract.’’
An MBIE spokesperson said homeowners could lay a complaint with the council and if that was unresolved, they could seek a determination from the Ministry to see whether the Building Code was correctly applied.
The spokesperson said Quickbuild was liable under the Consumer Guarantees Act for supplying the items in its initial plans.
If a trader breached that obligation, the case could be taken to the Disputes Tribunal.
Linda Brandon now hopes a resolution will be reached out of court. ‘‘We don’t have any money. And uncertainty isn’t good for us. It wouldn’t be for any elderly couple.’’