Councils less than open on leak claims

By ANDREW LAXON

Mark Swayne used to own the old wooden villa in front of his modern plaster-finished home. There are days when he wishes he still did.

About seven years ago, the Epsom lawyer had his new house built at the back of the villa in Ranfurly Rd, one of Auckland's top real estate areas.

He estimates the two-storey home with its backyard patio and swimming pool would now be worth close to $900,000 - if it did not leak.

Mr Swayne first found a leak running down the wall of the dining room three years ago.

It cost $35,000 to replace a large section of wall, including a window and two french doors, but Mr Swayne thought he had seen off the worst of the problem.

Now the 53-year-old, who retired to spend more time with his wife, Adrienne, and 3-year-old daughter Amber, knows he has barely started.

"The whole place is rotting," he said.

"All the cladding has to come off completely, right back to the framing."

New tests have shown moisture levels of 40 per cent - well above the level at which rot begins - all around the base of the building.

The damage could be even worse, as the moisture meter did not measure any higher than 40 per cent.

So far Mr Swayne has managed to obtain one quote of $150,000 to reclad the entire house. The job will take about three months, a prospect the family are dreading.

"It will be like living in a demolition yard," said Mrs Swayne.

Mr Swayne is suing the builder, the plasterer, the joinery supplier and Auckland City Council, which lists him among 10 cases it has not yet been able to settle.

He is claiming $124,851 from the council for failing to detect the problems and have them corrected, and for failing to ensure that the building complied with the building code and bylaws.

As a former lawyer for 30 years, he knows how long it could take and how much money he may have to spend.

But he said he was determined to see it through, as his repair bill could easily reach $200,000.

DAMAGE CONTROL

The Quest, Queen St, Auckland City

Estimated amount of claim: $700,000.

Alleged negligence by Auckland City Council:

* Failed to point out design and building faults to balcony decks.

* Failed to notify contractor about inadequate down-piping.

* Failed to detail appropriate frame joints and flashings.

* Failed to notify contractor to fibreboard below tiles and inadequate frame joints and flashings.

Isherwood Place, St Johns

Cost of damage: unquantified.

Alleged negligence by Auckland City Council:

* Failed to ensure compliance with the building permit, bylaws and relevant statutes.

* Failed to ensure plans, drawings, architectural and engineering specifications were complied with.

* Failed to carry out building inspections with diligence.

* Signed off building permit when construction did not comply with the various statutes, bylaws and regulations.

Building faults include:

* Sections of concrete floor not the required distance above ground and pavement.

* Timber deck intrudes through plaster, allowing water to enter walls and floor.

* Two leaky showers.

Bell Rd, Remuera

Estimated amount of claim: $120,000.

Alleged negligence by Auckland City Council:

* Issued building consent for plans that did not comply with the Building Act, regulations and building code.

* Inadequate inspection work.

* Failed at an early stage to detect and require defects to be fixed.

* Wrongfully issued a code compliance certificate where it did not have reasonable grounds to be satisfied work complied with the statutory and regulatory requirements.

Building faults include:

* Inadequate flashings.

* Inadequate painting of plaster.

* No drainage system at base of cladding and walls.

* Use of untreated timber.

* Use of timber retaining walls instead of designed concrete walls.

Upland Rd, Remuera

Estimated amount of claim: $100,000.

Alleged negligence by Auckland City Council:

* Allowing the design, building and development of the house to be in breach of the Building Act, building code and building regulations.

* Issuing a code compliance certificate.

Building faults include:

* Taking plaster cladding into the ground.

* Lack of flashings.

* Gaps between external aluminium joinery and plaster cladding.

* Inadequate weatherproofing on balcony balustrade.

* Barge boards, sides to the balcony, balcony tiles embedded in the plaster cladding.

Glenfield Rd, Glenfield

Value of claim: $60,000.

Alleged negligence by North Shore City Council:

* Failed to say on the LIM report that the house did not have a code compliance certificate.

* Failed to ensure the workers built to an appropriate standard.

Building faults include:

* Cracking of external Hardiflex cladding.

* Water getting into the house.

Rose Rd, Ponsonby, multi-unit apartment housing

Estimated amount of claim: $350,000-$450,000.

Alleged negligence by Auckland City Council:

* Failed to pick up defective building work at time of inspections.

* Failed to observe breaches of the Building Act, building code and standards of good workmanship.

Building faults include:

* In some cases, the floor is level or below the finished ground level.

* The waterproofing membrane has broken down in places, allowing water to get into the apartments.

* Inadequate drainage from garden planters causing water to enter the apartments.

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* If you have information about leaking buildings,
email the Herald or fax (09) 373-6421.

Further reading
Feature: Leaky buildings

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