A Canberra builder ordered to fix water leaks and cracking walls at a Bruce apartment block is appealing the sanction, arguing it was issued "prematurely".
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Victory Homes Pty Ltd has asked the ACT Civil and Administrative Appeals Tribunal to overturn Access Canberra's decision to issue it with an order to repair defects affecting about 50 units at the Belle apartments, on Thynne Street.
The builder was served with the sanction on March 22 after Access Canberra inspectors detected water entering the building and cracks to the building facade when they intended the site.
The penalty came amid the regulator's renewed crackdown on building work in Canberra, which has included temporarily shutting down 32 construction sites since the start of the year.
A copy of the rectification order, filed to the tribunal and obtained by The Canberra Times, said Belle's tenants had "incurred significant loss and will continue to do so unless the ... defects are rectified".
The "significant water ingress" was caused by the builder's failure to install adequate cavity flashing and construction detailing, according to the order issued by the ACT deputy construction occupations registrar, Dan Curtin.
Significant damage was also detected in the planter boxes at the 2008-built complex, the notice stated.
Mr Curtin's decision came after he reviewed 14 documents relating to the building, dating back to August 2015. It included 12 reports commissioned by the building's body corporate and strata managers.
In his application for a review of the decision, Victory Homes director Martin Crncevic said the sanction was "issued prematurely" because he had already committed to fixing the defects.
Mr Crencevic said in the appeal document that Mr Curtin had not considered the time needed to "generate an approved repair method for such a complex repair" before he issued the rectification order.
He said in the documents that Victory Homes had been ready to start repairs in January or February, but that work was pushed back because of delays in obtaining "correct and accurate reports that would result in the creation of an approved repair methodology".
The documentation was yet to be finalised when Mr Crencevic lodged the appeal on April 15. In the appeal documents, he said the delay was due to the consultant tasked with reviewing the repair method taking leave in March and April.
"We kindly ask that the rectification order be reversed as Victory Homes is willing to carry out repairs, without the need of the ACT government intervention and in co-operation with the affected parties," Mr Crncevic said in the appeal documents.
Victory Homes is behind a number of developments across Canberra, including the Odin apartments in Coombs, Stromlo Terrace in Wright and Evolure in Lawson.
Mr Crencevic told The Canberra Times that he was committed to repairing the defects as soon as possible, highlighting the fact that Victory Homes owned units affected by the defects.
He said the defects were caused by a design flaw, which were not apparent at the builder's other projects in Canberra.
"We have a good reputation around town, and there is no intention of going to the Supreme Court or High Court to fight this or anything like that," he said. Mr Crencevic and Access Canberra are scheduled to appear in the tribunal on May 13.
Dan Jervis-Bardy
Dan covers federal politics from Parliament House, with a special focus on climate policy and the NDIS. He has previously reported on ACT politics and urban affairs since joining the Canberra Times in 2018.
Dan covers federal politics from Parliament House, with a special focus on climate policy and the NDIS. He has previously reported on ACT politics and urban affairs since joining the Canberra Times in 2018.
