Adelaide couple tells of spending more than $300k trying to fix ‘defects’ on their $487k Morphettville home the state government sold them

After years and hundreds of thousands of dollars fighting to have alleged new home defects fixed, an Adelaide couple have told of suffering the ultimate homeowner’s “worst nightmare”.

An Adelaide couple have told of suffering a homeowner’s “worst nightmare” after spending years, and hundreds of thousands of dollars, fighting to have alleged new home defects fixed.

Scott Duncan, 43, and Fiona Roberts, 37, bought their first house at Morphettville, in the southwestern suburbs, for $487,000, via an official regentrification scheme, in June 2016.

But to their horror, they claim multiple defects with the new, three-bedroom home, emerged within six months of buying the property from Renewal SA, the state government’s development authority.

After seven years, the pair face a more than $200,000 bill after a legal fight against the builder Bert Farina Constructions Pty Ltd along with at least $100,000 in rebuilding costs to fix water damage and other faults.

Scott Duncan and his partner Fiona Roberts have endured a building nightmare in their new home. Picture: Brett Hartwig

The Regency Park-based company, which built multiple properties in the area – including the couple’s – on behalf of the SA Housing Trust, deny wrongdoing and dispute their “frivolous” claims.

The “frustrated” couple, who have contributed to an official industry review, are speaking out to warn other homeowners about failing consumer protections.

“I’ve got more warranty on my washing machine than I do on my entire house, which I think is crazy,” said Ms Roberts, an artist and art teacher.

Damage to the new Morphettville home. Picture: Supplied

Water damage. Picture: Supplied

The laundry was among the wet areas that had water proofing issues. Picture: Supplied

“I’m always here. Scott has the benefit of … being elsewhere for long periods of time, which is lucky. I try to pretend it’s not happening. It really gets me down.

“I like having a nice house. It’s one of the things that brings me comfort and joy. I’m pretty fed up with it, to be honest.”

Mr Duncan, a Qantas pilot, said they have suffered every homeowner’s “worst nightmare”, leaving them “going insane” amid sleepless nights, relationship stresses, no social life and money pressures.

The couple, who have been together almost 20 years, have also delayed having children.

“We’re at the mercy of others … it’s just stressful,” said Mr Duncan, who was stood down during the Covid pandemic.

The couple, who believed they had 10 years to launch legal action based on various government websites, want consumer protections toughened.

Rust in the floor of home of Scott Duncan and Fiona Roberts. Picture: Supplied

“It’s ridiculous because we have basically bought this house twice over,” Mr Duncan said.

“You shouldn’t have to move into a home and replace everything within five years. We thought we were safe buying this kind of property because of the ties with the government and that it’s new.

“You do start to feel insane when, when people are saying, ‘oh no it’s excessive splashing, that’s why you’ve got water coming through the wall’.”

Ministers, who are pondering the pair’s ideas in the ongoing review, are investigating a legally binding Consumer and Business Services domestic build rectification order scheme.

Reforms also being considered include how to reduce row costs and time, better contract “sunset clauses” and moving disputes to the SA Civil and Administrative Tribunal.

The couple’s woes unfolded during Christmas 2017 when water leaked through downlights.

They claim further checks found water problems in all “wet areas” including bathrooms and laundry – which was moved outside – as well as weather proofing issues with leaking windows and doors.

Extensive water damage has left black mould, damaged wooden flooring and furniture, while exposed ceilings and walls have left them vulnerable to the elements.

They also reported defects with metal floor trusses – creaking sounded like dragging a ladder even when their pet Burmese cat Earl Grey walked upstairs – incorrectly installed stairs and other fixtures.

The builder’s staff originally made offers to fix flaws but the pair said it failed to resolve all problems.

“You think brand new, no one’s ever lived in that, there’s going to be no issues as we had a building inspection and that was all fine,” Mr Duncan said.

After launching litigation in July 2022 – when CBS mediation failed – the state’s highest court last year ruled homeowners had five years to launch a claim.

The landmark Court of Appeal judgment meant they couldn’t sue for alleged “statutory warranty” breaches.

The parties have this month agreed to a settlement after second court ordered mediation failed.

The builder agreed to settle without admission of wrongdoing.

Damage to the roof. Picture: Supplied

The couple, who say they are fortunate their incomes give them options, have abandoned a negligence trial after their lawyers warned of an estimated $600,000 legal bill if they lost.

Their legal team warned of difficulties in proving a builder duty of care failure and proving any vulnerability as the subsequent owners.

Company managing director, Anthony Farina, 48, of Mile End, declined to answer questions.

“They lost and they lost badly,” he said. “I fail to understand what this is all about.

“People who make frivolous claims lose. They did. They lost. This is a non-event. This claim is so far reaching. They are not our clients, they will never be.

“Nine to 10 years later they come to attack … so-called issues … even though I did offer to do a few things for them.

“I don’t really have time … and I don’t need to substantiate this. If you want to report on rubbish, go for your life, I don’t care.”

Bert Farina Constructions managing director Anthony Farina, who said the couple lost their court case “badly”. Picture: LinkedIn

Minister for Consumer and Business Affairs, Andrea Michaels, said the government “recognised there is room for improvement”. Picture: Dean Martin

Consumer and Business Affairs Minister Andrea Michaels said authorities understood “the significant investment needed to buy a home and endeavours to hold builders and tradies to the highest possible standards”.

“We recognise there is room for improvement and we want to ensure the avenues available to deal with disputes between consumers and builders are effective and appropriate,” she said.

Opposition spokesman Stephen Patterson, whose electorate covers the area, said: “This is a system that has let them down badly and it needs urgent attention.”