Metricon Homes has lost a Supreme Court appeal against a ruling which ordered it to pay for the demolition and rebuild of a Melton West couple’s ‘dream home’.
Earl and Shelley Softley moved into their Long Tree Drive house six years ago.
Within months cracks opened in plasterboards, cornices separated from ceilings and skirting boards came off.
A Victorian Civil and Administrative Tribunal hearing in December 2014 heard the slab had lifted 44 millimetres at one end of the house and 16 millimetres at the other.
At the time, VCAT ruled that Metricon pay for the demolition of the Softley’s existing house and the construction of a new house by another builder. Metricon was also to pay for removalists and rental accommodation for the Softley’s while their house was being built.
Metricon Homes lodged an appeal in the Supreme Court.
At a hearing last week the VCAT decision was upheld.
Ms Shelley said it had been a “long and exhausting” six years for the couple. She said they had paid $200,000 for what they believed was their dream home – only to have it turn out to be a nightmare.
“I don’t even know if I can put the emotional toll in words – it’s been an emotional rollercoaster … knowing you’ve done nothing to create this problem, but being unable to get a solution. Our lives have been put on hold.”
The couple’s lawyer, Robert Auricchio of Slater and Gordon, said the Supreme Court decision should “send a clear message” to the building industry.
“It is time for the industry to review the extent of slab heave, to co-operate with homeowners to rectify the issue and to change design and construction practices to prevent a repeat of this disastrous problem,” Mr Auricchio said.
Metricon Homes chief executive Mario Biasin said the company was disappointed with the court decision and would review the judgement. “We are firmly of the view that this case is unique,” he said.
