Membership Ceased
| # | Post |
|---|---|
| 1 | If a builder was a member of Master Builder Association at the time of them building a house but has since had membership ceased and a claim for defects has been accepted by MB but not carried out by the builder is the builder still responsible for the work? Would the builder ceased the membership or work MB's cancelled it? chasing - 2021-09-25 11:30:00 |
| 2 | chasing wrote:
I partly get what you are asking. Please reword using shorter sentences. Also, remove the if. Tell us what has actually occured. johnston - 2021-09-25 11:50:00 |
| 3 | ,We have a claim with the Master Builders guarantee as our new home has many defects. The builder has been instructed by MB's to fix these defects. He has since had his membership ceased and we are not sure whether he has to carry out the work now? I use the word ceased because that is what we have been told. When I enquired if he had ceased his membership or did MB cancel it They said it was ceased. Hope this is a bit clearer. chasing - 2021-09-25 12:24:00 |
| 4 | chasing wrote:
The answer likely lies within your warranty. I suggest the onus to remedy rests with MB not the individual member whether current or former. Otherwise the warranty is a nonsense. You might also have remedies under the Building Act warranties and in common law. Although MB might duck and dive intially, they will be hard pressed to not to have to eventually step up. If your builder does not remedy that is an issue betweem him and MB not you. A conversation with your lawyer might be a good idea too. Edited by johnston at 12:37 pm, Sat 25 Sep johnston - 2021-09-25 12:34:00 |
| 5 | Having been in this position, albeit many years ago. I would strongly recommend a conversation with a lawyer that is very very well versed in contract and building law.. You need to at the outset figure out how much the defects will cost to remedy against how much you will pour into litigation if it ends up going that way. In my experience justice is spelt $ustice and then it doesnt always go well. Be very careful to get all your ducks in a row, to the mm. kenw1 - 2021-09-25 12:54:00 |
| 6 | Yes besides the master builders guarantee the builder is responsible for 10 years anyway, but since he was a member the the MB will eventually have to sort it probably using another builder, these things can take time, you need to push hard, your lawyer should be copied in the transactions as well if your using one. Good points above, Kenw1 has been there done that. msigg - 2021-09-25 14:54:00 |
| 7 | Some info here which you are probably aware of. https://www.building.govt.nz/resolving-problems/resolution-o committed - 2021-09-25 15:31:00 |
| 8 | Disputes Tribunal and use the CGA against the builder. The "guarantees" are set up to look after the builders, not the client. tony9 - 2021-09-26 17:40:00 |
| 9 | tony9 wrote:
Hopefully there will be no need to pursue the builder. But if necessary, the DT is capped at $30k so anything more than say $50k isn't going to provide much relief. johnston - 2021-09-26 19:28:00 |
| 10 | tony9 wrote:
Never a truer word spoken, in my personal experience. kenw1 - 2021-09-27 08:27:00 |
| 11 | The master builders scheme is backed by an insurance company so if all else fails they take over and pay the bills. When S#@%^&*$# Homes version 3 let clients down in Wgtn it was the MBA's insurance scheme that saved the day,the builder had already shot through to Aust.[bstd] with some of my money. hammer23 - 2021-09-27 21:16:00 |
