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PLUMBING CONNECTION
SUMMER 2015
COMMON SCENARIOS
I’ve been brought in on a number of occasions by a client
who has had an altercation with the builder over a leaking
roof. A common scenario goes like this: the builder patches
up the leak with silicone because he can’t get the plumber
back. The plumber doesn’t want to come back because he
hasn’t been paid. He knows he hasn’t correctly installed the
work to his usual standard which means that he hasn’t left a
Certificate for Compliance.
At times plumbers either have too much work or not
enough. This work overload is generally filled by the
apprentice working unsupervised; this has been the cause
of many a problem. The apprentice’s work is covered up
and only comes to light further down the track when major
demolition and rectification work is required. I would
recommend that if an apprentice is left by himself for any
length of time, then a thorough check is made of the work
that he or she has performed.
I am always disappointed when certain matters are taken
to court. If the matter is heard at the Victorian Civil and
Administrative Tribunal (VCAT, each state has their own
tribunal) then it is rare to be awarded costs, and it is even
rarer to achieve 100% of what you are claiming. If you do
obtain costs then the maximum you can hope to achieve is
60%. It is suggested that it is not worth going to VCAT for a
sum less than $50,000. This is because by the time you have
your costs, the legal representatives’ costs and the experts’
costs it leaves you with very little in return.
It has become evident that many plumbers are not aware
of the requirements of the current Plumbing Codes. Many of
my cases have involved water intrusion. I regularly inspect
damage caused by the incorrect installation of undersized
gutters, incorrect discharges from gutters (no sumps)
downpipe spreaders not conforming as they are undersized,
and the lack of overflows etc. Become familiar with the
current Plumbing Codes and ensure your work is up to
scratch.
I recently had a matter which involved drainage problems
and each party (builder and owner) had employed the full
legal team whose costs had run away from them. Each
COVER STORY:
RESOLVING DISPUTES
STEPS OF THE
MEDIATION PROCESS
BECOME FAMILIAR WITH THE
CURRENT PLUMBING CODES AND
ENSURE YOUR WORK IS UP TO
SCRATCH.
01:
AGREEMENT TO MEDIATE
02:
DEPOSIT IS HELD BY AN INDEPENDENT
PERSON IN A TRUST ACCOUNT (COSTS OF
THE MEDIATOR)
03:
BOTH PARTIES ISSUED AN AUTHORITY
FOR THE MEDIATOR TO FULFIL THE
FUNCTION OF THE MEDIATOR.
04:
CONFIDENTIALITY AGREEMENT IS
SIGNED.
05:
THERE IS NO REQUIREMENT TO
HAVE ANY LEGAL PEOPLE INVOLVED IN
A MEDIATION. THE MEDIATION PROCESS
TAKES THE FORM OF AN ORGANISED OPEN
DISCUSSION.
06:
SOME MEDIATORS LIKE TO RUN THE
MEDIATIONS AS A BIDDING WAR, SO MUCH
SO THAT AFTER THE INITIAL DISCUSSION
THE PARTIES ARE PLACED IN SEPARATE
ROOMS WITH THE MEDIATOR TAKING BIDS
AND SHUFFLING BETWEEN THEM; HOPING IT
CAN BE SETTLED WITH A BIDDING WAR.