Home Retirement Emerald couple calls for better complaints process for new builds, amid dispute over $1m dream retirement house

Emerald couple calls for better complaints process for new builds, amid dispute over $1m dream retirement house

by admin

Kim and Keven Abraham thought getting the keys to their dream home would be the start of a stress-free retirement.

But two years after the new build began, they say the nightmare battle to get defects remedied in their $1 million house has shattered those plans.

In desperation the couple turned to a builder turned TikTok star for help and are now fighting for better processes for people who find themselves in similar situations.

Building journey

The couple lived in a shed on their property near Emerald, in central Queensland, for many years before deciding to build an energy efficient house.

The build started in March 2022 and they expected it would be finished by June that year, but had to wait until November 2023 to finally get the keys.

Despite costing more than $980,000 they said the home was “plagued with issues” including unsafe wiring, missing cabinetry, and a leaking bathroom.

They claim the house was also built too low, requiring the installation of a spoon drain to prevent flooding during rainfall events.

The Abrahams saved for many years to build their dream retirement home in Emerald.(Supplied: Kim Abraham)

They said items included in the price, such as sinks and ceiling fans, were often not on site on the day they were needed, so they purchased them but were never reimbursed.

Ms Abraham said other things included in the plans were also never installed, such as a skylight, gutters and outside decking along with contract inclusions such as stone benchtops.

“When we started seeing things wrong, I tried to engage the ACCC [Australian Competition and Consumer Commission], the Office of Fair Trade, the local MP. We spent phenomenal amount of money on solicitors,” Ms Abraham said.

“We’re after an Australian minimum standard built home [that’s] safe, usable. That’s all anyone would ever want.”

Reluctantly accepting the keys

The couple tried to hire an independent building certifier but could not find one willing to visit Emerald.

“We’re so isolated and the help in this region is very minimal,” Ms Abraham said. 

After long delays on the build, they felt pressured to do a final walk-through of the property, but objected to the final payment as they felt the house had multiple defects.

A man in a checked shirt and a woman in a black polo with long blonde hair, in front of a building

Keven and Kim Abraham are continuing to press the builder to rectify issues in their newly built home.(Supplied: Kim Abraham)

However, a licensed certifier, engaged by the builder, cleared the property and issued a final inspection certificate.

“[We received legal advice] that once you are issued that form … final payment is mandatory, and if we don’t pay it we are in breach of the contact … and we void our home warranty insurance,” she said.

They reluctantly decided to accept the keys while continuing efforts to get defects fixed through the Queensland Building and Construction Commission (QBCC) resolution process.

The building company, registered to an address on the Sunshine Coast, declined to comment.

The certifier, who is not responsible for ensuring a builder complies with the contract, quality control or job site supervision, did not respond to the ABC’s request for comment.

Turning to TikTok

Feeling their concerns were not getting addressed in a timely manner through the QBCC, Ms Abraham stumbled upon a social media account going viral with videos of building defects.

Screenshot from video of a man with cap pointing to roof inside a room

The YouTube video from Site Inspections’ Zeher Khalil has been viewed more than 230,000 times in the past few weeks.(YouTube: Site Inspections)

Run by Victorian-registered property inspection company Site Inspections, its videos are attracting millions of views on Facebook, YouTube, and Tiktok.

Ms Abraham engaged Zeher Khalil, one of the building consultants behind the popular social media campaign, to visit their home. 

While he is a licensed builder in Victoria, Mr Khalil is not qualified to undertake official certifications in Victoria or Queensland.

However, he does help identify building issues and breaches of construction codes people can then take up with their relevant state building regulators.

After visiting the Emerald property, Mr Khalil said from a distance the home looked like a beautiful new build, but on closer inspection he found multiple issues.

He observed electrical wires crossing over water pipes in the roof, along with issues in the installation of cladding in the roof and the floating floor.

A reader pointed at the floor with colors on it, next to a machine plugged into door jamb

Mr Khalil, using a thermal camera and moisture meter, found the shower had been leaking into adjacent rooms.(YouTube: Site Inspections)

Other families’ concerns

The ABC has spoken to three other families who built homes with the same company in recent years.

They raised similar concerns of defects not being addressed, feeling pressured for final payments even though they felt their homes were not finished, and promised finish times being blown out.

It forced some to live in caravan parks or pay higher rent prices on periodic leases.

A woman and man in hats and sunglasses smiling

Mark and Loice Picozzi were excited to build their home in Emerald, but ultimately had to get their bank invovled to get issues fixed. (Supplied: Loice Picozzi)

Mark and Loice Picozzi began building their home in Emerald in 2020.

Mr Picozzi said when a string of issues and defects along the way left them with an “unfinished product” they refused to pay the final instalment and got their bank involved.

He said the bank sent its own representatives to the property and then wrote to the builder confirming payment would not be made until the build was fully complete. 

Mr Picozzi said after that, the builder cooperated.

They said without the bank’s support they would have found it tricky to navigate the system for making complaints with the QBCC.

Where to now?

After two turbulent years, the Abrahams want a home built as per the plans, with the promised inclusions, defects fixed, and to be reimbursed for items they’ve supplied that were included in the contract.

“My husband was supposed to retire stress free after having three open heart surgeries,” Ms Abraham said.

“The doctor said ‘you need to retire and enjoy your life’. Well this is how we’re ‘enjoying’ it.”

They are calling on the state’s building watchdog, the QBCC, to create an easier process for reporting defects and increased penalties for builders.

A man in a checked shirt sitting with a blonde woman in a black polo at a table in front of a kitchen setting

Keven and Kim Abraham have now started mediation with the building company through the QBCC.(Supplied: Kim Abraham)

The couple has lodged more than 20 formal complaints about their build to the QBCC.

Mediation between the couple and the builder has now begun via the QBCC, and the body has written to the couple confirming its inspector will visit the property at the end of the month to view items of concern that have been raised.

The QBCC said when it received a complaint, it was required to act impartially and “balance the interests” of both sides.

The body cannot comment on individual matters due to privacy concerns.

It said following an inspection the QBCC may issue a Direction to Rectify to the contractor and any relevant subcontractors.

It also said when a complaint was not able to be resolved, a homeowner may be able to get help from the Queensland Home Warranty Scheme.

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