Zebra Australia

Government takes over builders insurance scheme

2010-04-10T19:22:00.000+10:00

http://www.abc.net.au/news/video/2010/04/09/2869082.htm

GOVERNMENT TO TAKEOVER DOMESTIC BUILDING INSURANCE

2010-04-03T17:10:00.002+11:00

http://www.premier.vic.gov.au/component/content/article/9911.html

Time To Grow The Herd Again

2010-03-20T15:20:00.002+11:00

Today being election day means that by the time anyone gets to read this post the political spectrum in Tasmania and South Australia may well have changed – and dramatically.

The bureaucrats will still be there doing their thing and Councils, will most likely, be in business as usual mode. Anyway, think about the results and look for the opportunities to give shonky builders a shake.

If you have been done over by a builder maybe its time to take some action. We know that a lot of people have been shonked-over by their builders, plumbers, subcontractors, engineers, Council Inspectors and the list just goes on.

If any of this sounds like you, perhaps its time to tell your stories. If you know someone who this sounds like tell them.

If not why not? We also know that some people are scared to tell their stories. Why might that be? Have you been bullied and intimidated?

If now is the time to kick this can again pass the word and get everyone kicking together. And hey, if you have some GOOD NEWS please let us know– we know its not ALL bad.

Leave a comment here or write to coordinator@zebraaustralia.net There are books to publish and lots more to be done.

If you have not been yet go to: www.zebraaustralia.net

Tasmanian Government Seems To Be Ducking The Issues

2009-03-28T08:35:00.005+11:00

ZEBRAaustralia thinks that if the Tasmanian Government is serious about looking after consumers it could at the very least work behind the scenes to to help homebuilders investing in Tasmania in these difficult times ! Would that be a bridge too far? ZEBRA looks and listens Review: March 28, 2009

A STORY TO THINK ABOUT

A disgruntled home owner reports from St. Helens that he has been fighting for 3 years without success to get his house fixed. All parties are aware that the defective house is the responsibility of the builder and even though the State Government has been contacted almost daily since construction was completed, they have not provided any assistance.

The home owner reports that the Premier is holding a forum in St.Helens on the 5th April 2009, 1pm - 4.30pm and that he advised the Premiers office by fax and also a government adviser, Terry Field, that he intended to turn up with signs and placards and that he would be bringing members of Zebra if the Government didn't do something.

As a result, the homer owner received a call from Lisa Singh's office stating that she and Terry Field have agreed to meet at his house after the forum at 5pm. They have also agreed to return on the Monday to meet with the home owner if they do not have enough time to cover everything on the Sunday.

The home owner will notify Zebra once the outcome of this inspection by government officials is known, hopefully it will be positive as the government legislation, position and the lack of support through an ineffective dispute resolution system has been inadequate up until this time!

More news to come!

WATCH THIS SPACE

Tasmania And Building Accreditation

2008-08-25T10:42:00.003+10:00

Well there is a ‘Legislative Council Select Committee’ looking into builder’s accreditation and it is holding public hearings. (Launceston Examiner last Wednesday) While the evidence of architects, engineers and building surveyors is relevant one has to wonder when a builder’s ethics and viability might come under scrutiny.

At some time soon this needs to become an issue!

We can sideline a ‘sex offender’ in the community but builders who behave shabbily seem to be immune from like treatment. It can be argued that they can reek as much havoc as any sex offender. There is even evidence for it!

So Committee chairman Paul Harris might consider taking evidence from the finance sector (bankers, accountants, insurers, et al) and the legal fraternity while it is examining (developing?) an accreditation model and looking at how the government is managing this issue.

A WAY FORWARD FOR BUILDING INDUSTRY CONSUMER PROTECTION

2008-08-08T17:45:00.002+10:00

The Builders Collective Australia Inc has made a comparison between the Suncorp-Vero/HIA consumer protection scheme and Queensland’s BSA scheme.

It makes for salutary reading and if government ever gets to be serious about protecting consumers Queensland’s BSA scheme offers a model that is almost impossible to fault.

Click here to read the report

ALP gains profits from Warranty Insurance insurer

2008-08-04T16:30:00.006+10:00

ZEBRA looks and listens Review: August 4th, 2008

ZEBRAaustralia thinks that if Labor is serious about looking after consumers it could at the very least work behind the scenes to clean up this mess and ensure that the insurance scheme was of value! Would that be a bridge too far?

In any event the Property Review is providing consumers with a good service by bringing this information to consumers attention. This story is a salutary tale!

The Property Review Story

"EXCLUSIVE: THE Australian Labor Party has been linked to the major supplier of Builders Warranty Insurance, Vero, through its multimillion dollar investment in the insurer’s parent company Suncorp.

Currently, there is a Labor party dominated Senate Economics Committee Inquiry into Builders Warranty Insurance, which has been described ‘useless’ by consumer advocates. The ALP holds around 1.8 million shares in Suncorp valued last Friday at around $21 million.

The ALP has collected around $8 million in dividends from its investment in Suncorp. (Source: AFR) Vero Insurance is the main provider of builders warranty insurance through its connection with the Housing Industry Association. Vero is controlled by Promina, which is owned by Suncorp.

Sources close to the Inquiry told PropertyReview.com.au late last week that the Senators sitting on the Inquiry and keen to ‘pass the buck and refer the problem of ‘joke insurance’, as described in The Melbourne Age last weekend, back to the State governments Regrettably, for those opposing builders warranty insurance, the State governments were builders warranty insurance reigns – New South Wales and Victoria – are Labor controlled governments.

“As if they are going to scrap warranty insurance through their shares in Suncorp Metway the Labor has profited indirectly from the misery of thousands of consumers and builders around Australia ,” one consumer advocate told PropertyReview.com.au.

“It is not in the best interests of the ALP to scrap warranty insurance despite evidence that it has let consumers and builders down,” she added. “There should be a Royal Commission into Builders Warranty Insurance and the ALP’s connections with the major provider of the insurance, Vero.

” PropertyReview.com.au has been told that in recent times the Senate Inquiry committee has met secretly with Vero and it meeting today behind closed doors with HIA Insurance Services. Both the NSW and Victorian Opposition have declared they will scrap warranty insurance if they are elected.

Meanwhile, the HIA, one of the major beneficiaries of warranty insurance kickbacks, have damned submissions by opponents of warranty insurance.

The submissions can be found at the Senate website at: http://www.aph.gov.au/senate/committee/economics_ctte/home_warranty_08/submissions/sublist.htm The HIA also complained bitterly about PropertyReview.com.au’s story last week entitled “Senate inquiry into warranty insurance a whitewash?”.

We have given the HIA a right of reply, however, must point out that the HIA’s claim in its letter to the editor last week that we had broken parliamentary privilege was blatantly false and misleading. We stand by the story and once again offer the HIA a right to reply, but point out the last time we tried to interview the HIA on the subject they literally hung up on our reporter."

PropertyReview.com.au

Launceston Home Show Survey

2008-08-04T09:29:00.003+10:00

Zebras at work work in the carpark

The weekend of August 2/3 marked the presentation of yet another Building & Renovation Expo sponsored by HIA & GUNNS. ZEBRAaustralia applied for space at the event to provide visitors with information but we were informed that all the stalls were taken. When we received that advice we decided to commission a survey in the carpark instead and here are some of the early results.

100 groups (families and other) were surveyed over the weekend at various times of the day and there were some surprising and not so surprising results.

Early figures suggest that;
• 62% of those surveyed were considering some form of home renovation or building project before visiting the event
• 84% of those surveyed had undertaken some form of home renovation in the last 12 months
• 71% of those surveyed were DIY builders or renovators
• 43% of those surveyed were involved in the building industry in some way or had a family member involved in the building industry in some way.

There are more extrapolations yet to be done from this raw data but these early results are very interesting.

Some other early results suggest that
• Over 90% of those surveyed expected that contracts between clients and builders should be enforceable without resorting to a court, tribunal or other formal legal procedure
• Over 36% of those surveyed either directly or indirectly knew of someone who had received an unsatisfactory level of service from a builder or builder’s subcontractor.
These are very early figures but they do seem to reveal some disturbing trends.

Further work on the data to more intensely explore the trends exposed will be dependent upon funding levels available and sponsors delivering on their pledges. Nonetheless, it is clear that there is a need for much more independent research in this area. In any event watch this space!

'Joke' insurance no comfort for claimants: THE AGE: 02/08/08

2008-08-02T21:41:00.003+10:00

Home warranty policies seldom protect consumers, writes Natalie Craig.
"WHEN Giorgio De Nola's parents died within months of each other, he used his inheritance to build a house for his wife, Marina, and their young children. He signed a contract with a licensed builder in 2004, which included a home warranty insurance policy. Four years later, the house is so poorly built that the De Nolas do not have a certificate of occupancy. Building inspectors have told them the balcony is not safe. The shower leaks into the kitchen, the garage roof has had to be replaced and their repair quote is more than $50,000. But when the De Nolas tried to claim on their legitimate insurance policy, they were told they were on their own." Click here to go to the full story

COMMENT: The Senate Committee (Information Link) looking into all this, chaired by Senator Hurley (email: senator.hurley@aph.gov.au) seems predisposed to maintaining the status quo despite the evidence that consumers are being hurt and poorly served. We have a right to expect more!

If any of this concerns or worries you you may want to email Senator Hurley to tell her of your concerns, your experiences and your expectations of government. You may also want to place a comment on this site!

Senate Inquiry Looks Like A Whitewash

2008-08-01T10:43:00.009+10:00

The hyenas are probably laughing! Click Here

EXCLUSIVE: SOURCES close to the Senate Economics Committee Inquiry into the rort of Builders Warranty Insurance is nothing more than a whitewash.

PropertyReview.com.au confirmed last night that the Labor Party dominated inquiry into the Housing Industry and Vero Insurance controlled Builders Warranty Insurance is likely to find that the ‘Last Resort Insurance’ schemes should survive scrutiny despite being abandoned in Tasmania .

It still reigns supreme in the Labor Party states of New South Wales and Victoria .

“State Labor governments, the Rudd government are leaning heavily on the Senate Inquiry to support the farce of Builders Warranty Insurance,” one disgruntled Victorian Labor Party figure told PropertyReview.com.au late yesterday.

“The Senate Inquiry seems to be a farce,” he added.

The source revealed to PropertyReview.com.au that the Senate Inquiry and the Rudd government may have been influenced by self interest lobby groups.

In fact, on the Senate Inquiry website the Housing Industry Association have been allowed to write a privileged - totally scurrilous and defamatory response - to the Builders Collective submission to the Inquiry without fear of court action.

Consumer advocacy Choice in its recommendation to the Inquiry stated:
“Australian Governments should take early action to provide better and uniform protection for those who have a home built or renovated. Specifically, this should entail: • Guaranteed access for consumers to alternative dispute resolution mechanisms • Provision of greater scope to de-register builders who do not meet appropriate performance standards; and • A revamping of compulsory builders’ warranty insurance to ensure that it is of genuine value to consumers and that consumers understand the product.”

In August 2004, Choice found warranty insurance basically junk insurance.

In fact, Choice stated:
“In August 2004 CHOICE Magazine investigated home warranty insurance. That investigation found that in most states mandatory insurance was unreasonably limited to circumstances where a builder dies, disappears or becomes insolvent. CHOICE also found that the privatisation of home warranty insurance coupled with changes to the insurance market had whittled away many consumer protection measures.”

The HIA in their submission even bagged Choice as being: “It appears that Choice Magazine is not interested in providing a fully informed (let alone a balanced) view on this issue”.

It’s little wonder the cynics are already stating the Inquiry could prove a whitewash manipulated by self interest groups.

SOURCE: PropertyReview.com.au
ZEBRAaustralia wonders just who it is that should be protecting consumers. The buildg industry? The insurance industry? Government? Themselves? Ideally it must be all players! However, they must be equipped do it!

THE ZEBRA HERD GROWS

2008-07-31T23:28:00.005+10:00

There is always safety in numbers and as more Zebras team up the more dangers they can see and oh what are they seeing? There are not a lot of predators out there but there are more than enough to be worried about.

So as the herd grows it is a little disturbing to discover that there are far far too many predators about. If you feel at risk, or have been bitten, or you have a danger to report please use the comment section below to alert others of what you see or have seen.

The more eyes that are watching the more that’s seen and the safer each individual will ultimately be!

AND remember that there is another Zebra Australia Website. Take a look and you'll find more contact information there!

COMING SOON - A NEW ERA IN CONSUMER PROTECTION

2008-07-31T15:49:00.002+10:00

Australian consumers are about to have a new consumer service available to them. fair-trading.com.au will be offering a conflict resolution service . The network’s motto is "turning victims into victors & predators into prey".

A FASCINATING TALE

2008-07-18T13:21:00.003+10:00

A Zebra owner builder (lets call him ZOB_1) goes to HARDWARE X (HX) to check out an item of equipment. He finds that there is a choice of one and it seems a bit too expensive for what it has to offer.

ZOB_1 then goes to Bunnings to check what they have to offer. The situation is not a lot different except there is a choice of two. The HX item is one but it is 20% cheaper and the other is about 50% more expensive.

ZOB_1 Decides to get the HX option (but from Bunnings) at 20% less. He takes it to the site assembles it and finds that it is not up to the task – not safe enough most importantly. So ZOB_1 rings Bunnings and they say “bring it back, do not bother to dismantle it again and we’ll do a refund or a replacement upgrade – your choice, but please bring your receipt.”

ZOB_1 goes to Bunnings again, decides their option 2 was probably what he should have purchased in the first place, swaps option 1 for 2, does the reconciliation transaction – there are smiles all round – loads the replacement in the utility and is back home within the hour. The whole process was simple, stressless and satisfying despite everything!

Driving home, satisfied with the experience, even despite his mistakes, ZOB_1 begins to wonder why it is that some of his ZEBRA Network friends have not had similar experiences with their builders.

ZOB_1 can only conclude that Bunnings is in their business to satisfy their customers and by doing so, perhaps increase their market share – and they did so here! So it seems that there are quite a few builders – too many at least – for whom this is an alien concept. ZOB_1 is still trying to fathom that idea one out – as is the whole network – but there you go but big tick for Bunnings . It's all black and white really!

A CHANCE TO GET POLITICAL ONLINE PERHAPS ?

2008-07-18T08:33:00.005+10:00

If you want to get POLITICALLY active, and online, well possibly there will be an opportunity to submit petitions to the Senated online. The Senate is now asking for submissions on being able to submit on-line petitions! (due 08/08/08)

HERE IS THE LINK
http://www.aph.gov.au/house/committee/petitions/epetitioning/index.htm

BAD NEWS STORIES, GOOD NEWS STORIES

2008-07-17T09:31:00.005+10:00

First the bad news, since the ZEBRA AUSTRALIA BLOGspot has been online there have been so many sad tales that have been brought to the growing network’s attention – but hey Dodgy Bros Pty Ltd have been in business since Adam was a boy.

Now for some good news, there have been a significant number of good stories coming ZEBRA AUSTRALIA's way. The good news stories seem to have particular sets of similarities that also seem throw light on the bad ones – well to some extent. Because, ZA has had a focus on Dodgy Bros Pty Ltd it is ever likely to be the case that we’ll hear proportionally more about the disasters (major & relatively minor) that these 'operators' leave in their wake.

For instance, it is patently clear that the dysfunctionality of the current last resort insurance scheme operating throughout Australia – the mechanism that comes into play when things do go wrong – is a part of the problem. What is less clear is what it is that actually triggers the chain of events that lead to the point when it does.

On the one hand, there seems to be some consistencies in the good and bad stories. On the other, there also seems to be unique circumstances that apply in each case – case by case. The good news stories (and there are many) are starting to throw some light on some of this – that is once the passion and distress is peeled back. People in Australia have traditionally made their home their single largest investment (and they have been encouraged to) so it is no wonder that there is some passion there.

If all building stories coming to ZA were bad ones it would be obvious to all and sundry as we simply move around in Australia’s ‘built estate’. By-and-large the vast majority of Australian buildings (homes in particular) are sound, durable and safe – albeit that much of it is poorly designed, environmentally inappropriate, etc. It is no wonder that Dodgy Bros Pty Ltd victims ask, why me?

It is just the case that SOME projects fall through the cracks of the regulatory system. Why? How? When? Therefore, early on in PROJECT ZEBRA it is clear that there is a need for some INDEPENDENT research. Who can do, or will commission, this work?

Government (Local, State or Federal)? ZA thinks that is unlikely!
The Building Industry via its associations? ZA doesn’t believe that they would believe that they see it as their job – its simply not their reason for being!
A University? Possibly, but who, or what, would trigger such a project?
The community? Possibly, but who within ‘the community’ is going to initiate it or fund it – and how?

Where to from here? ZA is now looking at this set of questions and attempting to find a way forward.

ZEBRA AUSTRALIA’S OTHER WEBSITE

2008-07-15T13:32:00.006+10:00

The ZEBRA AUSTRALIA NETWORK has set up another 'Web Presence' to assist ZEBRA networkers. This site will be able to provide access to some valuable tool kits etc. as they are developed.

The site is now up and running albeit early days. There is already information there that will be of some help to intending homebuilders and renovators.

NOTE: Tasmanian networkers will also find links to the local network on this site.

The Web Address is : www.ZEBRAaustralia.net

A WEBSITE THAT'S WORTH A LOOK

2008-07-15T12:59:00.004+10:00

The Builders Collective has drawn ZEBRA’s attention to Catherine Cusack MLC ‘s WEBsite www.catherinecusack.com.au

Catherine Cusack is NSW’s Shadow Minister for Fair Trading  & Volunteering. It makes for rather interesting reading for anyone interested knowing more about the dysfunctional homebuilder's warranty insurance situation.

Also, the Sydney Morning Herald are also running a story soon on all this – so watch out for that.

THE BUILDERS COLLECTIVE OF AUSTRALIA Inc

2008-07-15T12:35:00.003+10:00

ZEBRA AUSTRALIA supports the Builders Collective of Australia Inc – an initiative of industry members disillusioned with the mandatory 'Last Resort Home Warranty Insurance Scheme'. This organisation is actually working towards building a better building industry – there are indeed some good builders with their clients interests at heart.

If you are contemplating building a home or renovating please go the BCA Website and watch the videos – it is an imperative!!

WEB Address: www.builderscollective.org.au
Email the Collective

Leaks threaten homes at Twin Waters (Q'ld)

2008-07-14T10:40:00.004+10:00

12:00a.m. 14th July 2008 ... By Bill Hoffman

Angry property owners who paid more than a million dollars each for a stake in Lend Lease’s signature Water Gallery development at Twin Waters want to know why their home units leak every time it rains.

They have recorded at least 80 instances of water incursion and at least one owner still has tarpaulins covering the roof of his $1 million- plus over-the-water unit.

Peter Sanday, who moved into No.22 at Water Gallery after purchasing off the plan in 2004, is so upset he has set up a website – www.lendleasedefects.com – to record a litany of problems with the Water Gallery complex and the View Point, Visage and Novotel Twin Waters developments.

READ THE FULL STORY

A QUEENSLAND LAW CASE THAT’S WORTH A ZEBRA WATCH

2008-07-13T18:37:00.006+10:00

Queensland’s Sunshine Coast’s Mayor now finds himself in the midst of a rather nasty legal tangle. It is not of his making it would appear – well on the surface.

Nonetheless, the Sunshine Coast’s new, Mayor Bob Abbot, finds himself in the thick of it all! It's all being fought out within Queensland’s, and the Australian, legal system right now.

In the past all this sort of thing went on behind closed doors and the public never really got to know about it. But how things have changed!

If you are in doubt go to the case Website – http://www.sunshine-coast-regional-council.com/ – to read all the details in TECHNICOLOR!

There are lessons in this case for:

Homebuyers, Investors, Developers & others;
Homebuilders & Renovators,
Government at all levels – Councils (members & staff) in particular;
Estate Agents; and not to mention
Builders and their Subcontractors.

ZEBRA WATCHERS are keeping a keen eye on this case!

Click here to learn more about this council
Click here to learn how to complain to this council

ZEBRA INFORMATION ALERTS

2008-07-13T15:50:00.006+10:00

If you have iformation you wish to share with ZEBRA AUSTRALIA please email it to:

zebraaustralia.names@blogger.com – should the information be related to exposing an individual or business that seems to be preying on its clients;

zebraaustralia.legal@blogger.com – should the information be related to legal issues and/or a case study

BUSINESS WORLD METAPHORS IN THE ANIMAL KINGDOM

2008-07-13T11:47:00.009+10:00

HYENAS: Why are we talking about ‘hyenas’? Well it has been put to Zebra Australia that Hyenas behave somewhat like some of the builders etc. that the growing Zebra Community/Network is confronting. Do any of the observations below sound any alarms for you?

Hyenas forms social groups called clans and the males disperse upon reaching sexual maturity. Hyena clans may be made up of 3 to 80 members. Larger clans generally occur in prime territory with large prey concentrations – how are we going so far.

Once a Hyena joins a clan, it enters a dominance queue that others respect. As more enter the queue and older ones die off, a Hyena simply moves up through the social ranks – are you still with us.

Hyenas spend a long time developing relationships with others in the clan. They follow various individuals for days or even weeks and eventually gain favor through this behavior. Although Hyenas live in clans, the members of a clan are only observed all together in three circumstances:

At kills,
When defending the territory, and
At a communal den.

Does this set of behaviors sound at all familiar?

Most often, Hyenas forage alone or in small groups. Higher ranking animals have been shown to associate more with kin than low ranking scavengers. This behavior is beneficial because when they forage together and engage in coalitionary attacks against unrelated Hyenas when competing for food at a kill. Thus, Hyenas who associate with their kin are able to gather larger amounts of food more efficiently. Does this sound familiar?

In addition to allowing individual ‘groupings’ to defend rank and status, close associations with kin allows some of these kin groups to displace higher ranking individuals, and groupings, under certain conditions.

Also, low ranking Hyenas preferentially associate with higher ranking animals. It is hypothesized that these low ranking individuals receive benefits from the high ranking animals through reciprocal cooperation. Does this sound like anything you already know about?

Hyenas have a reputation for being mostly scavengers but this is not so. Studies have found that 70 % of a Hyena’s diet are direct kills. Typically, clans split up into hunting groups of 2 to 5 individuals, albeit that Zebras are hunted in much larger groups but overall Hyenas prey on a rather large range of species (people?). How does this match your experience?

In one study some Hyena ‘clans’ were found to prey on very large animals. In addition, Hyenas have been known to prey on the very young in these large species animal groupings. Hyenas uses their keen senses of sight, hearing and smell to hunt live prey and to detect carrion from afar and they often chase their prey long distances and at high speed. Does this sound familiar?

Hyena clans typically go on hunting trips to the nearest concentrations of prey. The average round trip for these trips is about 80 km and individual hyenas typically make 40 to 50 trips per year for a total of 2800 to 3600 km per year. It is also of interest to note that Hyenas are ‘attended’ by a relatively broad spectrum of carrion eaters – vultures, buzzards, wild dogs, foxes, jackals. Are you still with us?

Zebra Australia is not driven by zoology but hey this stuff seems to ring awfully true, and by the minute, when the growing ‘victim list’ is filed and collated. BUT hey, here some new fact to think about. American scientists wanted to see if zebras were white with black stripes or the opposite. They had moved with the genetic combination of some animals and had finished cleaning the dark spots. So, everything indicates, Zebras are white. The black color comes superficially.

You see, the stripes are unique and distinguish each animal from the other, and at night, they confuse the predators joining bands of light and shade– the mystery is unmasked.

NOW, other than man, which animal laughs? Monkeys, mainly the chimpanzees, use face expressions that can be compared with the human laugh. But the objective is to demonstrate tranquility – not joy. However, the ‘laugh’ attributed to Hyenas is not quite 'a smile' and its absolutely nothing to do with friendship – it is all about intimidation at one level or another.

JUST HOW IS IT THAT THINGS CAN GO SO WRONG AND JUST DON'T GET FIXED

2008-07-12T16:28:00.010+10:00

There is a growing list of cases flowing into Zebra Australia that seems to suggest that there are some serious problems in the building industry. One has to wonder just what it is that is REALLY going wrong with all these projects that are now coming to the surface.

Are builders inherently dishonest and/or ill equipped to carry out the contracts they sign up for? ZA doesn't not want to believe so! Is the level of service failures in the home building industry symptomatic of a dysfunctional, or poor, or even a lack of training system for trades people and others in the industry? That is quite possible – and at all levels! Is it the case that when an industry self-regulates the kind of problems ZA is now seeing in growing numbers is indicative of the fact that all too much is being swept under the carpet? ZA believes that it is quite likely to be so!

On the other hand, on a case-by-case basis, it seems quite different things are going on with various projects. Each problem is somewhat project specific but it is a complex picture. However, there are some patterns beginning to emerge that suggest that there is mounting evidence of some deep underlying problems with at least SOME service providers – and at all levels, professional, managerial and trade. It is also becoming obvious that there are too many problems by far and that there are far too many that go unreported or that slip under the consumer protection regulatory radar.

The problem appears to be one that is linked to the self regulating nature of industry bodies and their being disinclined to, or unable to, face up to the reality that some design professionals, builders and trades people are out there perpetrating all manner of transgressions and simply failing to deliver. It seems to be the case that regulatory systems (local, State & Federal) are falling far too short of their mark – clearly standards are falling and seriously.

The single case pictured here (samples only) is one where a close look at the pictures show all the signs of failure and raise so so many questions!

SOME FURTHER INFORMATION ON ZEBRA TIPS

2008-07-11T11:47:00.003+10:00

To put Zebra Tip #9 in a bit more in context “Look with suspicion on a contract with a low penalty for delay. The builder’s greatest weapon in a dispute is delay: take delays seriously as soon as they begin. They MAY be a warning sign”. Remember what you may fear may only occur or be relevant within the context of a dispute – and to ever collect on a delay penalty clause you will probably need to take legal action.

In the case of Zebra Tip #13 'HIA/MBA' are simply acronyms for 'an industry body' and there other bodies for which it may apply – not all are bad or irrelevant but they must be understood as self regulating INDUSTRY bodies there to protect the industry and not necessarily consumers.

A TYPICAL LETTER TO ZEBRA

2008-07-10T23:54:00.005+10:00

This letter is published here with the writer's permission and ZA thanks them for that. Just another sad story beginning to unfold!

Simply click on an image to enlarge it

ZEBRA AUSTRALIA’S REASON FOR BEING

2008-07-10T23:35:00.005+10:00

Zebra Australia (ZA) is in the process of setting up a community based consumer building support network in Tasmania and thus providing a model for like groups elsewhere. Why the name Zebra, well "a zebra is a very distinctive creature but if it moves in a herd it's less likely to be preyed upon,''

Since the announcement of Zebra Australia our network has received a constant flow of letters from consumers and at this stage our collective observations and findings are:-

Many consumers are babes in the wood against the experience of builders in disputes: they hand over a family’s dreams, savings, future earnings, and welcome builders into their homes. They need to trust, want to trust. They look to membership of associations for reassurance when selecting a builder.

All too often builders’ duty of care is not taken seriously. Thus ZA believes that Govt intervention is required to protect consumers who just can’t afford to trust Associations to self regulate their industry, and who certainly can’t stand up to the resources of builders in a legal battle. The high incidence of building disputes demands attention at the highest level. ZA aims to alert consumers yet to embark on a renovation /building project to stop and look again, until consumer protection is improved.

There is no doubt that there are many good builders who also work ethically, but unfortunately many consumers are not able to discern who they are. Clearly, awards, publicity demonstrates to consumers that:
• Builders can self promote very well;
• Holding high office and memberships of industry bodies and associations simply show that the builder is interested in attending meetings yet sadly these things give no real guidance in regard to integrity.

Consumer protection has been so poor for so long that the culture of the industry is to ‘blame the victim’. Disputes are so prevalent that builders are expert at handling ill-equipped consumers. Builders start collecting protective evidence from the outset in case the consumer becomes ‘difficult’ – meanwhile the unsuspecting consumer is making them cups of tea.

Sadly, consumers have no hope of becoming experts because one building disaster is all they can ever afford in a lifetime. That’s why they need to find some collective power, and that’s why Zebra Australia has been set up. The dispute resolution process is a lame duck and it leaves far too many homebuilders and renovators in a desperate position – and typically through no fault of their own.

BUILDING A HOUSE OR RENOVATING? 11 THINGS TO WATCH OUT FOR

2008-07-10T23:31:00.003+10:00

If you have been there – and you have been burnt – when you look back you can see how the dispute process evolved and with all the wisdom of hindsight you can see these 11 steps to disastrous situation you now find yourself in:

Step #1: The builder starts to slow down and problems begin to emerge. Talk to the builder. Builder makes a promise to address problem(s!). Fails to do so. Consumer gets angry. Builder begins to blame something about the job: you, your expectations, or some small thing like you haven’t chosen a doorknob.

Step #2: The consumer just can’t believe that this person they trusted, in their house, could not be reasonable, so you keep onto them. Then they move offsite.

Step #3: The consumer rings Consumer Affairs – until recently they didn’t want to hear if the dispute involved matters over $30000. They now offer to mediate, through the new Building Dispute Officer, who has no power to enforce agreements so this probably will be as ineffective for seasoned disputers as the usual mediation and arbitration processes.

Step #4: The consumer complains to MBA/HIA. Sympathy but no action.

Step #5: The consumer resorts to the contract for help. Delays incur a minor penalty [never assuming you’d need that clause] There’s tens of thousands of dollars at stake.

Step #6: The consumer realises that their only recourse is mediation: you want someone to help you with your case, and that’s a problem.

Step #7: The builder brings out things that were irrelevant and he had been ferreting away, like a request to choose a paint colour they made once on the way out the door that you forgot, and discredit you.

Step #8: The consumer reaches a mediated agreement. However, the builder fails to honour his commitments.

Step #9: The consumer goes to arbitration. The costs are significant and you are left with a decision which if not honoured, you must take to court.

Step #10: The consumer must find a lawyer who isn’t representing your builder – perhaps needing to go out of your area in order to do so.

Step #11: You get advice that you have a good case and it will take 2 more years and cost $150,000.

So you sell up. Alternatively, many consumers come to an understanding of just how hopeless it all is and don’t pursue the matter. They pay out enormous amounts of money to get to get the builder out of their lives. It is a sad scenario, yet its one that repeats itself over and over and over.

20 TIPS TOWARDS AVOIDING A TRAGEDY

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Take this as a ‘given’, it is not guaranteed, nor even likely with some contracts, that mediation, arbitration or the contract provisions will protect a homebuilder or renovator in the current climate. If you take legal action to resolve a dispute then think years, and probably over a hundred thousand dollars – and still there is no guarantee of justice.

Typically, consumers will more that likely choose to pay substantial variation fees to get things sorted, just to get the problem out of their life. When things go wrong the consumer is most often blamed; there is no realistic recourse against a company with massive turnover and armies of lawyers, against the small family with a dream and a debt.

Tip #1: The best hope of averting a tragedy is in the early days of selecting a builder and preparing design documentation, well before work begins. Take little comfort from your contract. Typically, these are standard industry contracts created by the building association and therefore in the builder’s best interest – not consumers! – unless you can afford to enforce the contract in court.

Tip #2: A builder may be capable of good work, but whether you get it is a very different matter.

Tip #3: Heed the hesitations of friends when you ask for opinions. Many builders are blaming the consumer and so friends may say things like ‘they said we were an exception and they don’t usually have these problems’, or ‘we paid heaps in variations’ which is an indication of insufficient planning and design before building (and payment) begins.

Tip #4: Don’t assume it will be better for you, no matter how you try. Don’t trust publicity, only word of mouth from trusted consumers with jobs on a similar scale to your own really count. Always seek references and if you cannot get them worry a lot!

Tip #5: Never take Industry Awards as any indication that builders can do your job, as opposed to a job for an Award. There are no awards for integrity. There’s a risk that if your job’s progress doesn’t look like it will befit Award nomination those builders addicted to them will lose incentive to finish your job or fix your faults.

Tip #6: Things are not always what they seem – paying more doesn’t always mean a better job. Ask around, not just the clients recommended by builders – do your own research! All builders probably have some happy clients. You want to find one with all happy clients, within reason.

Tip #7: Be aware you may want to trust too much to get the job underway, and this is your weakest point.

Tip #8: Take note that lines like ‘we have a waiting list’ ‘we’ve just had a cancellation so we can take you on if we get started by…’ should be warning signs that you are at risk. Proceeding in a rush, without detailed plans and designs, places you in an incredibly vulnerable situation. If something goes wrong you have virtually no effective recourse.

Tip #9: Look with suspicion on a contract with a low penalty for delay. The builder’s greatest weapon in a dispute is delay: take delays seriously as soon as they begin. They MAY be a warning sign.

Tip #10: If you are not happy with what is on offer, ignoring it won’t make it go away. It quite likely that it come back to you as an expensive problem.

Tip #11: Before signing up, call a few lawyers to see if they would represent you against your builder if it comes to a dispute. If you can’t find a lawyer who could represent you because they all represent the builder, take note.

Tip #12: Don’t trust membership of a professional association like the MBA or HIA as a sufficient recommendation in itself. Almost all complaints received by Zebra so far mention membership of professional associations.

Tip #13: Look at your contract. Don’t sign it if you don’t feel your interests are protected. Take it to your lawyer, but make sure they know what they are doing: some see the HIA logo and say it must be good. These people obviously don’t handle disputes. If your builder insists on a dodgy contract, shop around.

Tip #14: You have lost your power as soon as you have signed. Builders will demand payment at every stage and threaten not to proceed until they get their money even though things aren’t finished. Most contracts only offer a small penalty for delay.

Tip #15: Take notes at ALL meetings and get them signed off by both parties. Keep a photographic record and a diary of work done and personnel attending day by day, as accurately as possible. Read and correct all minutes and make sure these are signed off. Odd inclusions may be evidence that your builder is anticipating a dispute. Query these and correct them.

Tip #16: Plan how you will file and store ALL papers etc before the job starts. Use mail and NOT email and keep an organised copy of everything. Sign and date all emails, and get the person responsible for your job to do so. You may be blamed for problems within their staff, so be prepared to defend yourself and put the problem back to the most senior person.

Tip #17: If asked by the builder to do something, like choose a colour, take a diary note and ask for a due date, and comply, and send a note acknowledging this. The little things can become very significant. This will not necessarily prevent the problems, but you will be less vulnerable to blame, and this will help your mental health. If you fail to do so, this may be used as evidence that delays were your fault. When a dispute is in progress no one will care that it didn’t really matter to the progress: it’s the builder’s word against yours.

Tip #18: If your builder gets uncomfortable with this level of correspondence it’s better to know early, and decide for yourself why. Getting out early may be a better option, even if costly. Reality check: though you’ve done nothing wrong and you’re a nice person you will lose lots of money if you have a builder without good management practices and integrity. You could lose a lot more: your health, your happiness, your house, and even end up with a lifetime of debt.

Tip #18: Remember that throughout the job warning signs need to be taken extremely seriously.

Tip #19: Research your builder THOROUGHLY as he MAY be working with the cover of multiple business names.

Tip #20: Keep a note of any seemingly suspicious appropriation of faulty or wrongly ordered materials or oversupply. This may be a criminal matter, and such costs would force up the cost of insurance – Zebra is interested in hearing about this in order to discover any 'other' common practices!

Zebra Australia believes that it is appropriate to support the presentation of a Builders Collective as it encompasses all our past and current concerns and more. Also, that model included the solution for a reform that is based on the holistic open and transparent Queensland model of industry management – one that also delivers appropriate consumer protection. This model has been professionally researched and we endorse a uniform national approach to be overseen by the Federal Government.

Zebra Australia believes that the Australian building industry is deserving of ‘the Queensland approach', undertaken with the appropriate oversight from the Government of Australia. ZA is committed to working towards seeing this, or a like ’system’, being adopted Australia wide – and especially so in Tasmania at the moment.

HOW TO MAKE CONTACT WITH TEAM ZEBRA

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It is very simple really! Just make a comment in the comments section below and provide your email address if you want Zebra to contact you. Tell us all that you want to tell us and indicate whether or not you want the information in the ‘comment’ published on the blog.

YOUR PRIVACY WILL BE RESPECTED AND CONFIDENTIALITY KEPT!

WATCH THIS SPACE

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ZEBRA is watching out for you. So come back soon to see what is being exposed. We are working hard to get everything together unlike some of the builders and their 'subies' who have driven us to all this.

In the meantime leave a comment if you have a concern! And if you are renovating or building take great care because you MAY be in deeper trouble than you imagine that you could possibly be.