Cairnlea: Builder to pay property owner $135,000 for warped floor

A builder has been ordered to pay a Cairnlea property owner more than $135,000 after a lack of sub-floor ventilation caused the floorboards to warp.

Pride Homes Australia Pty Ltd has been ordered to cover the cost of repairing the flooring and other housing defects after the Victorian Civil and Administrative Tribunal (VCAT) ruled in the property owner’s favour.

The owner, Ruel Valencia, claimed his timber floorboards had cupped severely in places throughout the home and some boards had buckled. Cupping is the term used to describe floorboards that develop uneven bumps and dips because moisture has caused part of the floor to swell or shrink.

The owner also claimed the property had poorly fitted french doors, laundry cupboard doors that had not been installed, gaps around windows, guttering not properly levelled, gutters inadequately drained, missing roof tiles, a leaking garage roof and a collapsed garage ceiling following water penetration.

A Building Commission inspector said the problem was due to an absence of sub-floor ventilation on the front elevation of the house and inadequate ventilation on other elevations, causing the “fairly damp conditions under the house” to warp the floorboards.

A licensed builder who examined the property agreed, saying the existing flooring would have to be ripped up and replaced. He estimated the repairs would take two months and cost $120,000.

A Pride Homes Australia director disputed the claims, saying the property had been approved by the building inspector at the base stage of construction and a certificate of occupancy had been issued.

VCAT senior member Rohan Walker said Pride Homes Australia had offered no expert evidence to contradict that of the Building Commission inspector and licensed builder, adding that the certificate of occupancy “does not mean that the work is free from defects”.

Mr Walker ordered the builder to pay $135,467 to cover costs of the new flooring, other defects, and accommodation and storage for the family while the repairs are made.