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Thread: issues with Certifier

  1. #1
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    Default issues with Certifier

    My shed builder has engaged with a certifier who pleasant words can not describe.

    They have sent me a notice that they are going to be on site in a week and a half. The builder was not meant to send this request under the contract because i have until the 5th month of next year to organize the drainage.
    additionally the pool fence component is being fabricated.

    This certifier has now said they will still be attending at the date the builder set and that i have to the end of the week coming to complete the pool fence component and have it all ready for certification. This is basically the builder being a dick.

    I expressed my frustration and said that this is not acceptable however they basically blackmailed me and said that it is to be done by the end of the coming week. as they say excrement flows down hill so to say i have informed the fencing contractor that unfortunately due to the certifier being a #### we have until the end of the week to make the pool fence compliant.

    The QBCC said the certifier can only issue a non compliance rectification notice form 26 for this and i actually have 3 months to rectify it however the certifier is saying that they will charge me $400 if it is not done by the end of the week because they will mandate that they have to come out again for re inspection. basically QBCC said this is a conflict of interest because they are setting an inspection date knowing ahead of time the work is incomplete resulting in the requirement of a re inspection.

    in any case on the email they state that I am legally required to grant them access to the property. furthermore their demands state that I must leave my gate unlatched and open and my shed / garage unlocked and open so as they do not touch any locks. they also have mandated that i must remain indoors on my property and that i am not permitted to be in the back yard while they are present onsite.

    I have a particular issue with this part. How dare anyone dictate to me where i can and can't be on my own property.

    now at this point i have to point out I AM NOT JOKING. this is literally what they have said in the email correspondence.

    As they are being particularly abrasive to deal with i am thinking of implementing my own requirements such as mining grade ppe gear along with full covid mask and face shield must be worn on site for safety and given the ludicrous demands on their side also would like to require them to wear a life jacket whilst onsite as they are their to certify the pool fence too so i can not guardsmen their safety should they fall in the pool and i will be unable to rescue them as i am required to be in the house.

    as it is my property can i mandate these requirements of entry?



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  • #2
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    as it is my property can i mandate these requirements of entry?
    Nope .... the law reads.. 'Australian law says that private landowners or occupiers can take reasonable steps to protect themselves, their employees and people on their property.' The measures you cite here, would need to be substantive...ie; the Qld chief medical office & WHS would have to agree the 'conditions of entry' you're looking to impose were in fact 'reasonable' ...and in this case, with covid restrictions lifted & WHS practices being out of your hands, they are unlikely to be seen as being 'reasonable'. That doesn't mean you can't 'test the mechanism' ...which from what I've read, means you would need to write a letter detailing conditions of entry to your property, provide that to the certified inspector/dept. and see how they reply....ie; they will either agree, or not, and cite their rights to enter the property... =)

    I think all you can do, is to try finding some liaison here ->

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    I have already spoken to QBCC and they have requested I put an official complaint against the certifier for unconscionable conduct and potentially conflict of interest however the certifier has indicated that such action will result in him taking action against me. Eg drain connection is not completed. There are 6 months remaining on the approval however the builder has initiated the inspection without confirming that the work outside his contract but part of the approval was completed.

    Also if I can’t make these requirements of entry why can they demand I leave my property insecure and that I remain inside?

    Who covers stolen items?


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    Your complaint is -with- the QBCC ; you would need pursue the other avenues of recourse listed on that page, if you are unhappy with the QBCC's actions.

    I had a quick read of the QBCC website wrt what you're dealing with here...ie; in basic terms it's a site/workmanship compliance inspection. A lot of this stuff was recently revised in the last couple of years.

    It would seem...in legal parlance...you did not avail yourself of, and/or may have relinquished your control over, the inspection process of the building work being done...



    Such inspections are undertaken under the auspices of 'public safety', and they can request you stay inside under that premise. Contextually, the building work on your land becomes 'a/the worksite' , and even you the landowner must wear a hardhat, eye protection and suitable boots, to go onto 'the worksite' in your own back yard to checkout what the builder is up to....technically speaking...

    Stolen items are handled by the police.

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    How can it be that I relinquish consent to the final inspection when I have 1 year from the approval date to have the final part of the building work completed aka the drainage portion and the builder requests a final inspection when the work is incomplete.

    This is where the QBCC said it was a conflict of interest that the certifier is coming insistent to complete a final inspection knowing full well the work is not finally completed, can be seen as him trying to cause a re inspection in order to maximise fee extraction. No plumber is going to be available to complete the drainage hookup until at least February so when he barges on site then there is no way of actioning his request unless I as the building owner perform the plumbing work myself without a license.

    I just don’t see how that can be relinquished from me when there is that much time is remaining on the approval.

    Additionally I noticed on form 18 it shows he should have performed a site inspection on erection of the frame however he didn’t perform that at all, in fact the builder gloated at how this certifier doesn’t even check his work usually and just signs it off.

    There is obviously a criminal level of misconduct going on here and I don’t understand how no one seems to see it or even care. The legislation seems to be weighted to protect the building industry from clearly unethical behaviour particularly here in Queensland.


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    Also the contract states that the builder is responsible for engaging the certification process AT MY BEHEST as the builder has in that same contract stated I need to engage a plumber independently at the conclusion of their build process. So the builder has breached the terms of the contract


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    If that is all so, then yes, the builder is in breech it would seem, but as always seek advice from a lawyer as to how to proceed

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    Quote Originally Posted by wotnot View Post
    If that is all so, then yes, the builder is in breech it would seem, but as always seek advice from a lawyer as to how to proceed
    +1 A legal opinion is your best option here. Don't forget to keep a record of all communications.
    I'm out of my mind, but feel free to leave a message...

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