The family behind the infamous Elara apartment complex has broken its silence over the saga, insisting it tried "everything within its power" to rectify the problems.
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Members of the Bulum family have not spoken publicly about the troubled-plagued Bruce complex since reports emerged 18 months ago of serious defects at the 118-unit development.
Apartment owners have blamed Ivan Bulum, the director of the company behind the project, B&T Constructions Pty Ltd, as well as the ACT government, for failing to fix the problems.
The defects have an estimated repair cost of $19.4 million.
The owners are awaiting a verdict on a compensation claim in the federal court, as well as a response to their plea for help from the ACT government.
In an interview with The Canberra Times, Ivan's son, Nik Bulum, said the saga had been regrettable for all parties, stressing that "nobody wanted this situation".
But Mr Bulum said he was confident that his father did "everything within his power to try and rectify" problems at the Thynne Street complex.
Mr Bulum acknowledged that a number of defects emerged after the building was completed in 2007, including cracking to the complex's facade and "failure" of waterproofing membranes on a number of balconies.
The owners launched Supreme Court action against B&T Constructions Pty Ltd in 2013, alleging the defects were the product of poor construction work.
Mr Bulum this week said his father had "endeavoured to fix, at a cost to the company, all defects for which he was liable".
"33 of the units are Ivan's, so we wanted the same outcome. We have a vested interest in the building," Mr Bulum said.
"No one goes and tries to build something like this. But the repairs, it wasn't something that couldn't not be achieved."
Mr Bulum said in February 2017, the builder and owners corporation signed a memorandum of understanding which outlined the steps it would take to repair the defects.
But he said the owners decided to "pull out" of the agreement, as the relationship between the two parties "soured".
Mr Bulum claimed that his father twice returned to the complex to complete repair work, but was "escorted" out of the site at the request of the owners.
He said the owner's decision to restart court proceedings "affected the ongoing liability" of B&T Constructions Pty Ltd, which was placed in liquidation in July in 2017.
The company's collapse meant the owners were unable to pursue Mr Bulum through the courts. They instead lodged a claim against the Master Builders Fidelity Fund, which was rejected twice.
The owners' $10 million compensation claim was rejected in the federal court in February. Their appeal to a full bench of the federal court was heard earlier this week.
A judgment is expected in the coming months.
Mr Bulum's account is largely disputed by strata lawyer Chris Kerin, who has represented the owners throughout the saga.
Mr Kerin said the memorandum included no scope of works, agreed work methodology or binding commitment that the repairs be completed.
He said an agreement was eventually reached on preliminary repairs, which were to be completed before major works started.
I wasn't involved in Elara. I have never produced a building like that.
- Nik Bulum
"Ivan ignored this and simply came onto site with 20 men without permission to do some very poor repair work which had not been agreed," Mr Kerin said.
"This attempted repair work is the ugly patching which can still be seen on the facade of the building today."
Mr Bulum no longer holds a builders licence in the ACT.
Minister for Building Quality Improvement Gordan Ramsay this week said the builder directly responsible for Elara would "never work again in the ACT".
Cornelius Hank Van Roon was responsible for completing and supervising work at Elara on behalf of B&T Constructions Pty Ltd.
Ivan remains a director of Bulum Group, which is run by Nik.
The Bulum Group is a developer, meaning it sub-contracts builders to complete its particular projects.
The company has led the transformation of Braddon, with the Ori and Nibu developments among its list of projects.
It's latest mixed-use development, Mort Street's Yamaroshi, is nearing completion.
Mr Bulum said his father was not involved in the running of the company.
"What I produce today in Braddon, I'm very proud of. They are spectacular, architecturally-designed buildings.
"I wasn't involved in Elara. I have never produced a building like that."
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.
