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  1. #16
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    But he should know, Id get get crucified by builders if I didnt know the bricklaying regs.

  2. #17
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    May 2003
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    Kuranda, paradise, North Qld
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    Quote Originally Posted by fraserde View Post
    ..............But I guess most people wouldn't know.
    Most people in the building game with half a brain would know you have to keep the ground/slabs/whatever well below the DPC. Sounds like you're dealing with an absolute nong (or a pretty passable actor, who's trying to pull the wool over your eyes) At any rate, tell him as it doesn't comply with the regs you want it redone to comply and that you'll take legal action to recover any costs incurred by yourself in getting him to rectify. Ask him what his address is for service of legal documents, that might wake him up.

    Mick
    "If you need a machine today and don't buy it,

    tomorrow you will have paid for it and not have it."

    - Henry Ford 1938

  3. #18
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    Jan 2008
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    Melbourne
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    Quote Originally Posted by journeyman Mick View Post
    Most people in the building game with half a brain would know you have to keep the ground/slabs/whatever well below the DPC. Sounds like you're dealing with an absolute nong (or a pretty passable actor, who's trying to pull the wool over your eyes) At any rate, tell him as it doesn't comply with the regs you want it redone to comply and that you'll take legal action to recover any costs incurred by yourself in getting him to rectify. Ask him what his address is for service of legal documents, that might wake him up.

    Mick
    I realise most people in the trade would know, but most off his customers wouldn't.

    I see you're from Kurunda, I was there 10 days ago, tried to see Barron falls but there was a big cloud sitting in front, I was so relaxed and chilled, then came home to this.

    Beautiful part of the world you live in, stunning.

  4. #19
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    May 2003
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    Kuranda, paradise, North Qld
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    You've got to be lucky to see the falls, as there's often cloud or mist in front of them when they're falling and during the dry season (we only have two seasons, wet & dry) thre's no rain, clouds, mist or falls .

    Mick
    "If you need a machine today and don't buy it,

    tomorrow you will have paid for it and not have it."

    - Henry Ford 1938

  5. #20
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    Feb 2008
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    Aust
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    picture?

    which state? council?

    I would say this is a state building by-law

  6. #21
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    Quote Originally Posted by autogenous View Post
    picture?

    which state? council?

    I would say this is a state building by-law
    He's in Melbourne (see first post). I would be fairly confident that this would be part of the BCA and not a local or state requirement, there's no way the DPC is going to do its job if there's a slab placed higher than it on the outside of the wall. If it's not going to work then the only way that would be allowed is if the DPC wasn't a requirement locally. I can't imagine that there'd be anywhere in Australia (except maybe the great sandy desert) that a DPC wasn't required.

    Mick
    "If you need a machine today and don't buy it,

    tomorrow you will have paid for it and not have it."

    - Henry Ford 1938

  7. #22
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    Jan 2008
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    Melbourne
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    He has definitely breached the code, he still hasn't been back in touch so has obviously washed his hands of it.

    Not the worst result in the world as I haven't paid for it and if any problems occur I can always have it cut back a tad away from the house and either filled with some stones or have some of those drains put in.

  8. #23
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    Jan 2008
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    Melbourne
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    After 2 months the guy has just knocked on my door with a report from an engineer which he claims covers me. He says as the engineer says it's ok and has put it in writing then i'm covered.

    I think it's a load of bollocks, he claims the engineer says the building code is a guide line and not mandatory so we're not in any danger of it not passing a building inspection.

  9. #24
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    Aug 2003
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    Pambula
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    he claims the engineer says the building code is a guide line and not mandatory
    Yeah? Try and tell a building inspector that. He'll laugh all the way to his car to get the red sticker...

    However, if you have something from an engineer and it's fair dinkum, they'll probably accept it because it's then the engineer's responsibility when it stuffs up.
    "I don't practice what I preach because I'm not the kind of person I'm preaching to."

  10. #25
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    Jan 2008
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    Melbourne
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    Quote Originally Posted by silentC View Post
    Yeah? Try and tell a building inspector that. He'll laugh all the way to his car to get the red sticker...

    However, if you have something from an engineer and it's fair dinkum, they'll probably accept it because it's then the engineer's responsibility when it stuffs up.
    I just spoke to the building inspector and he said BCA say that it should be 50mm and 75 mm if it isn't they have to stipulate why it wasn't and have a performance based appraisal.

    He also said there is no reason why any perspective buyer would have to accept any performance based appraisal.

  11. #26
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    May 2003
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    Ask him if he and the engineer would be willing to sign a legally binding guarantee to pay you or any subsequent owners of the house for any water damage (no limit to $$ amount) for the life of the dwelling and for the term of their lives, caused by ingress of water via opeining in question. Gurantee to be legally binding on themselves as individuals, their estates, companies, subsiduaries etc etc etc. See how confident he is then.

    Mick
    "If you need a machine today and don't buy it,

    tomorrow you will have paid for it and not have it."

    - Henry Ford 1938

  12. #27
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    Melbourne
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    Quote Originally Posted by journeyman Mick View Post
    Ask him if he and the engineer would be willing to sign a legally binding guarantee to pay you or any subsequent owners of the house for any water damage (no limit to $$ amount) for the life of the dwelling and for the term of their lives, caused by ingress of water via opeining in question. Gurantee to be legally binding on themselves as individuals, their estates, companies, subsiduaries etc etc etc. See how confident he is then.

    Mick
    It's a bloody pain mate, he keeps saying how it would have cost me more if he had excavated the required 2", but then I said to him I didn't ask for a quote for a job and ask for the corners to be cut, I asked for a quote for the job done properly.

  13. #28
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    May 2007
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    Altona Vic
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    This sounds like a frustrating predicament!

    I just have a quick question, how do you know exactly where the DPC is on the brick wall? I can't imagine it would be sticking out through the mortar? Or did you personally build the wall and therefore can remember which course of bricks it was in? (Please excuse my ignorance)

  14. #29
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    Jan 2008
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    Melbourne
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    Quote Originally Posted by zacnelson View Post
    This sounds like a frustrating predicament!

    I just have a quick question, how do you know exactly where the DPC is on the brick wall? I can't imagine it would be sticking out through the mortar? Or did you personally build the wall and therefore can remember which course of bricks it was in? (Please excuse my ignorance)
    I'm just down the road from you in Point Cook.

    Yes I can see it, I also no where it is because we built the house (not with my own hands but I watched it)

  15. #30
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    Oct 2006
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    Brisbane
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    stick to your guns and don't pay it's not that easy when they start getting agro at you, but you sound like you have got it all under control. hopefully this will make them a bit more careful for all the jobs after you. (think he's trying to pull the wool over your eyes though) you might find that he doesn't own the company and it's all in his wifes or kids names etc so he's got no assets for such occasions that it all goes pear shaped.might be a small win for the normal bloke (trying to get a job you pay for is almost impossible).

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