VCAT Worth It? Henley Ignoring Emails/Calls Unable to Fix Issue after 3 Attempts

Dommal on 29/03/2022 - 09:12

Hey all,

just looking for some opinions on how to proceed on this issue with my builder (Henley) on an issue that has been driving us mad since we've moved in 2020 (new build).

Problem:
When walking around on 1st floor (carpeted) every 2-3m there are loud creaks or knock noises coming from the floor boards, regardless of the ambient temperature but worse when it's cold. It's loud enough to wake our kids up every night when we walk to our bedroom.

Attempted fix:
Henley has sent tradies here 3 times to fix issues in various spots. They all found that the floor boards are loose (some moved upwards along the joint by 10mm when walking on it after the carpet was removed) as the screws either missed the beams underneath or because there wasn't enought screws to hold them in place properly so they just added a few more screws which seemed to work. Unfortunately, most of the ones they have tried to fix end up making the same noises again after a few months.

I assume that the tradies have done a rather crap job on the floor boards (in my mates houses there is no sound at all), whereas in two neighbours houses, also built by Henley, the same problem is apparent and they also struggle to get Henley to fix it.

Anyway, I would expect Henley to re-do the whole fist floor and compensate for all the time it will take us to move furniture etc around. I can't believe that this kind of quality would be acceptable, but happy to hear out opinions.

If Henley keeps ignoring our email I'm tempted to go to VCAT, however having heard about the pain around VCAT I though better to hear out opinions online.

Cheers,
Thomas

Home & Garden

Comments

  • Muzeeb on 29/03/2022 - 09:16
    -4

    This is why I love slab homes.

    Sorry I can't help.

    • JimB on 29/03/2022 - 09:44
      +1

      Suspended slab isn't practical for private double storey houses.

    • JimmyF on 29/03/2022 - 10:58
      +1

      Slab homes? The ones that are done too thin and crack/move throwing the entire house out? Yeah nah.

  • aa on 29/03/2022 - 09:41
    +1

    Normally they just nail and don't screw, the squeaking is due to the movement of the floorboard against the nails, you'll need to screw down more vigilantly to stop the squeak, or even glue plus screw but this is more complicated, but either way a common problem as they don't build houses to last anymore.

    • JimmyF on 29/03/2022 - 10:59

      Glue and screwing is the correct way to do it, otherwise the floor moves around like the OP has found out.

    • lgacb08 on 29/03/2022 - 14:08
      +1

      nah, it's not that, it's more of an issue with the entire floor not even which will get worse over time. Another point is they skimped on joist leave too much of a gap between 2 joists, causing floor board to bend and squeak when there's weight in the middle.

  • JimB on 29/03/2022 - 09:51
    +8

    If you have no luck so far with Henley, the only option is to go to VCAT.

    Good news is that it's easily fixed. Lift up carpet and add more screws (not nail) yellow tongue down to floor trusses. Spacing should be 150mm.

    Compensate you for 'all the time it will take us to move furniture etc around'. Zero chance.

  • Porker on 29/03/2022 - 10:09
    +6

    Go to social media… I went with another volume builder and I had a friend that worked in another area of that organisation. I had issue with my build too and the friend said that as soon as I complain on Facebook, I get elevated to 'black' status which means priority customer.

    Since doing so, I get responses almost immediately and all the warranty items get addressed very quickly.

    I loathed the idea of using social media to get a response, but until that point, emails were going unanswered.

    The path of VCAT may not help at all. You won't receive compensation for noisy floor - you'll only possibly receive compensation if you organise someone else to fix the work and then seek that cost back from Henley. At that point, you'll need evidence to prove that Henley did a poor or non-compliant job. If however, their builder surveyor has signed off on the work, then you may need another building surveyor / expert to prepare documents to say that it's non-compliant / poor / etc.

  • 7ekn00 on 29/03/2022 - 10:30
    -1

    Did you go for bracketed fixed floor, or just the cheapest option?

    It's important to research each facet of your build because there are plenty of places it's worth spending 10% more on alternative options!

    • Porker on 29/03/2022 - 10:49
      +1

      Most buyers wouldn't know what this is.

      I only knew to ask for improvements or better mateial quality with my volume builder only because I had done a heap of renovations and saw all the shonky work behind the scenes.

    • BlueGlass on 29/03/2022 - 10:55
      +1

      This is not layman knowledge. I would be rather irritated with the volume builder if they asked if I wanted an 'upgrade' like this.
      Surely a functioning product does not require upgrades.

    • neo on 29/03/2022 - 11:12

      What is bracketed fixed floor?

      • 7ekn00 on 29/03/2022 - 11:15
        +1

        Various names, basically: floorboards attached to spacers/brackets > spacer/brackets attached to crossbeams/bars/fixed supports …

        Attaching floorboards directly to supports always ends badly (floorboards bend and "rub" against supports which always makes creeking noises) :/

        • neo on 29/03/2022 - 11:29

          I remember laying hardwood flooring yonks ago at the family's place. It had yellow tongue equivalent and we glued + nail in from the side with that air compressor tool where you kick with your knee. Not sure if it was standard practice but we've never once had an issue with creaking thank goodness.

  • godofpizza on 29/03/2022 - 11:20

    maybe engage with a private inspector to review their work?

  • stirlo on 29/03/2022 - 12:19
    +1

    Anyway, I would expect Henley to re-do the whole fist floor and compensate for all the time it will take us to move furniture etc around.

    No builder is going to give you this resolution (worth $10k+) without a court order forcing them to. You'll have to take them to VCAT

    I don't really think you're being reasonable demanding this either so you may not win a VCAT case. There's probably the option to just add a few more screws to more solidly attach the boards rather than what you're demanding.

  • Typical16-bitEnjoyer on 29/03/2022 - 12:27
    +1

    Get legal advice.

    TINLA - You're going about this whole thing backwards. Get a floor guy or gal(s) over to provide a quote(s) to rectify/fix the floor. NOT replace. Rectify/fix. Send that quote to Henley with a deadline to respond. If no response, accept the quote, get your floor fixed and go to VCAT for that invoice amount.

    • Cyphar on 29/03/2022 - 13:07

      Good advice, but just to add to that - I'd get 3 quotes and submit the middle quote to Henley. Engage a lawyer to have them send it with a official letterhead and sent via Registered mail requiring a signature. Provide 28 days for a response time and then submit to VCAT.

      OP keep in mind that VCAT hearings are taking several months, to nearly a year now, unless it is urgent.

  • Dommal on 29/03/2022 - 20:39

    Thanks all for the advice. Really appreciate it. I like the idea of getting quotes and force Henley to accept that, it leaves me with a small risk that I won't win VCAT but I'm quite certain that any building inspector would flag this as an issue.

    Henley has actually finally come back to us today, but again they just offered to send they handyman around which has not been able to fix it the last few times.

    I work as an automotive engineer and in our case if a dealer can't fix an issue after 2 attempt you have the rights to return the vehicle and demand a full refund. I understand it's different for buildings but it feels like builders are definitely banking on the fact that it's bloody hard to go after them for crap work.

    I will also threaten with the social media route. I'm not the only upset Henley customer out there, the whole street is affected.

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