Overview

“The house with no piers” is a case study published by the NSW government to document the plight of a couple who built a brick veneer home in regional NSW in 2009.  Within 5 years of the completion of the home, the owners observed extensive cracking. After complaints to their builder and NSW Fair Trading they commenced proceedings in NCAT in late 2015. A final outcome was not reached for almost four years. 

Several expert reports were filed by engineers about the adequacy of the footing design, the soil classification and the as-built footings. It was alleged the footing design  was inadequate and that the footings were not built in accordance with the design, in that the strip footing was of inadequate depth, reinforcement did not have adequate coverage and there were no piers constructed. The owners lost, in large part because the court accepted evidence that piers had been constructed. This was so despite that fact that during an expert’s conclave all experts present observed an excavation under a corner of the dwelling which was supposed to have a pier, that no pier was present. The evidence of what occurred at the conclave was not presented at the trial. 

The owners were required to pay legal costs of $142,000 and their own legal costs were $159,000. After an unsuccessful appeal, the owners contacted the newly appointed NSW Commissioner. He agreed to visit the site. For his visit, the owner’s engineer arranged for an extensive excavation along the side of the home where the piers were to have been constructed. On his visit, the Commissioner entered the trench and confirmed that there were no piers constructed. The builder having said in his witness statement that the building was constructed in accordance with the design, later conceded during his disciplinary inquiry that no piers were built. He maintained that what was constructed was consistent with the design.  

The Commissioner was particularly disappointed with the response of the engineer’s professional association to the owner’s complaints about the conduct of the engineers involved. The case has many layers. Ultimately, the owners were the victims of many failings of the ‘professionals’ and ‘professional associations’ involved in the case. In this webinar we will discuss further details about the case and highlight the ethical issues arising from the conduct of various engineers involved.

Learning outcomes

Gain an understanding of the complexity in the dispute process Being aware of the moral and ethical dilemmas involved with a complex construction case What happens when the system fails and the effects on the community.

About the speaker

Bronwyn Weir

Managing Director , Weir Legal & Consulting

Biography

Bronwyn specialises in advising governments as regulators. Her expertise spans all areas of regulatory law including advising on complaints, prosecutions, investigative powers, notices or orders, registration/licensing and administrative law. Bronwyn is frequently engaged to conduct reviews and to assist clients to develop risk based regulatory decision making frameworks, policies and procedures. In 2017 Bronwyn co-authored the Building Confidence Report with Professor Peter Shergold which remains an influential report in policy development for the building industry. In addition to being known for expertise in building regulation , Bronwyn advises regulators in sectors including education, health, water and climate law. Bronwyn acts for all levels of government and whilst based in Victoria frequently advises governments across Australia.