A MELTON West family is taking on one of Australia’s major home builders in a bid to have their home demolished and rebuilt.
Earl and Shelley Softley have launched legal proceedings in the Victorian Civil and Administrative Tribunal against Metricon Homes after “serious structural faults” became evident in their home soon after it was completed in 2010.
Law firm Slater & Gordon has lodged a statement of claim at VCAT on behalf of the family who alleges Metricon Homes failed to undertake construction works in a proper and workmanlike manner or in accordance with all relevant laws and that the builder failed to meet a contractual obligation to rectify at its cost any failures affecting the home’s structure.
The family’s lawyer, Robert Auricchio, said the case is significant and will be watched with keen interest, both by major players in Victoria’s domestic construction industry and hundreds of new homeowners who face similar problems.
“This is a significant case which, if successful, will be the first time VCAT has ordered the demolition and reconstruction of a house in the state of Victoria,” Mr Auricchio said.
Mr Auricchio said the Softley’s house was displaying serious structural faults due to slab heave, which affects many homes, particularly in Melbourne’s north and western suburbs, where the soil is reactive and prone to swelling and contracting with changing moisture levels.
“When the Softley family contracted Metricon to build their first home, like so many other families they believed that by going to a large volume builder they would have some assurance that any faulty works would be rectified.”
“Sadly this has not proven the case and now the Softley’s find themselves with no other option but to seek legal action.”
