builder sues over house lot mistake

  1. 82.0k

    A company that built a house to lock-up stage on the wrong block is suing the Water Corporation for damages, claiming it caused the mistake by connecting water to the incorrect lot.

    Norvik Industries applied to have water connected to a block on Flagstaff Crescent in Secret Harbour in 2012 after entering into a building contract with Adrian and Linda Webb.

    In a writ lodged in the District Court this week, the registered building company alleges the corporation connected water to the neighbouring lot by mistake.

    The company then built the house on the block with the water connection, only realising the error when the home was almost at lock-up stage late last year.

    Norvik Industries claims it "could not and would not have" built the house in the wrong place if the corporation had not make a mistake.

    It is claiming damages, interest and costs from the State-owned utility but has not specified the amount sought.

    The writ alleges the estimated cost to build the new house was $519,000.

    It alleges the corporation owed Norvik Industries a duty of care to use skill, attention and due care to identify the correct location before making the connection.

    "In breach of that duty, the defendant failed to ascertain the correct lot and instead connected water to a neighbouring lot," the writ says.

    "In reliance upon the defendant's installation of the water connection, the plaintiff proceeded to construct the Webbs' house pursuant to the building contract on the lot to which the water had been connected."

    The company also claims the Water Corporation's acceptance of its application for the water connection constituted a contract that required installation on the correct lot.

    It alleges the utility breached that contract.

    "It was also an express term of the contract that the purpose of connecting water to (the lot) was to enable the plaintiff to construct a new home upon that lot," the writ said.

    It is not known what happened to the home when the company became aware of the mistake.

    Norvik Industries and the Water Corporation would not comment while the matter was before the courts.

    courtesy of the West Australian



  2. 4.3k

    If a Mailman accidentally delivered a letter to Texas instead of New York, and then a Builder built New York City in Texas by mistake.

    Is it the Mailmans fault that the builder built a City in the wrong State ?

    The Builder would have got a Surveyor to pin out the house position. The Surveyor uses the City Plan and the Estate Plan to isolate exactly where to site the house within the Estate and in the correct setbacks of the block.

    The only way a Builder could make that mistake is if they pinned out the house themselves using pegs and string lines, without using a Licensed Surveyor.

    The Builder Takes on all responsibility. They dont get paid at the rates justifying the responsibility that a Builder must shoulder, hence why the Builder likely tried to save some coin by setting out the house themselves, as Surveyors would be very expensive to hire in WA due to the highly paid Mining work available.

    1 like
  3. 82.0k

    certainly a strange state of affairs .... was there some deliberate secrecy involved at some level ??

    or in "Secret Harbour " just an unfortunate coincidence ??

    without visiting the scene of events , i couldn't safely ridicule further (but didn't anyone do soil compaction tests etc. as well , the guy that did mine GPSed every test site to avoid confusion .)

  4. 4

    A builder is suing a landowner over a building lot that was too small on which to build the house promised. The builder claims it did not realize the lot was only half an acre, while the zoning ordinance required a minimum of one acre. The homeowner said the builder should have known, citing "the old adage 'measure twice, cut once.'

  5. 82.0k

    keeping up to date on zoning ordinances , is not as easy as it sounds and even government officials working in that area can be caught flat-footed ( with recent changes )

  6. 6.9k

    It is inconcievable that any licensed builder would not pick the differnce between an acre and a half acre block , countless unqualified shonkys subcontract all the work out to tradies .

    1 like
  7. 82.0k

    first off the architect ( if one is used ) double-checks at that first ( before even drawing up the plans for approval ) or at least the one i used to work with did ( he had this weird theory of not building in flood zones , as well )

    take my acreage when i bought it , council regulations AT THE TIME clearly said the minimum block in that area was 10 acres , whereas i had a choice of 4 , 5 acres ( less the sold expansion to the state's main road ) blocks , so the state government was happy to annex the land despite council regulations ( since then the council was disbanded and the area merged into a crime cabal ( OOPS , i mean the Gold Coast city council .. despite being MILES away from the Gold Coast )

    and previous documentation was apparently damaged by fire ( so what was legal/illegal back in 1975 'went up in smoke', allegedly )

    and don't get me started about builders/tradesmen/regulators after a buddy's house was damaged by water and faulty previous repairs what a clown-show that was ( would even upstage Joe Biden )

    1 like
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