This was published 5 years ago
'Farcical': Sydney residents' claims over WestConnex cracking denied
By Megan Gorrey
Homeowners who blame WestConnex tunnelling for gaping cracks to their walls have been dealt a second blow, after their claims for compensation were denied before the damage was inspected.
Residents on Carrington Street in North Strathfield say construction vibrations from work on the M4 East tunnel section of the $16.8 billion motorway project caused their walls to crack and crumble.
Dozens of residents, whose homes in Strathfield, Concord and Homebush are near stage one of the 33-kilometre mega toll road project, are fighting for compensation over damage to their homes.
Their frustrations could be felt in other parts of Sydney, including Beverly Hills and Haberfield.
The state government is forging ahead with construction on its ambitious motorway network, the vast bulk of which will tunnel beneath scores of homes in the city's inner-west.
Pamela Neves and her husband Marcelo complained about at least 20 large cracks that formed in the walls of their 150-year-old house after excavation began 40 metres below their street in 2017.
In an email last week, the joint venture contractor CPB Samsung John Holland said their claim for compensation had been knocked back.
The couple said they were not aware they had lodged a formal claim – they only sent an email with photographs of the cracks to the contractor – and no-one visited their home to inspect the walls.
"Essentially they've denied our claim before they've inspected the damage," Mrs Neves said. "They're not even taking the process seriously, they were always going to deny our claims.
"It's frustrating. There are going to be more of these [tunnelling] projects and they're really going to affect a huge percentage of people in Sydney."
Sam Tomeo was one of the first people on the street to lodge complaints with the contractor seeking damages for cracked walls he estimates would cost about $10,000 to remedy.
In a letter to Mr Tomeo last month, CPB Samsung John Holland said it was "unable to find any evidence linking the construction activities on the M4 East Project to damage to your property".
"The investigation shows evidence of natural ground movements caused by shrink and swell related to climactic conditions.
"As a result, the project does not accept liability for any damage experienced by your property".
Mr Tomeo said his claim had since been reviewed and again rejected.
"[The contractors] won't provide any vibration data," he said. "They had monitors on my street but they chose a monitor 200 metres from my street to show compliance."
The homes sit within the project's "zone of impact" and owners are entitled to post-construction reports, carried out by engineers contracted by the company building the tunnels, to assess any damage to their homes. Many of those inspections are taking place this week.
"I'm just doing it because that's the process, even though they've already denied my claim," Mr Tomeo said. "It's a farcical situation."
Stephanie Dennett said chasing compensation for worsening cracks to the internal and external walls of her heritage-listed house was "frustrating and it consumes your whole life".
"I think all the [post-inspection report] will do is show cracks and look to say the cracks were already there and even though there are more, it's probable that it was caused by the weather."
A spokeswoman for WestConnex Minister Stuart Ayres said residents who had concerns about their engineering assessment could go to Roads and Maritime Services for an independent review of their claim. "We care greatly about what happens to people’s homes and we want to make sure the contractor is held to account for any damage they have caused."
Strathfield MP Jodi McKay, who is Labor's transport spokeswoman, said the contractor's decision to reject the initial so-called claims without inspecting the cracks was "outrageous".
"These are residents, all in one street, all with the same things that have gone wrong and they're declining their claims.
"[Mr Ayres] promised these residents would get a fair go. I think these residents have every right to have absolutely no confidence in this process at all."
Roads and Maritime Services and the Sydney Motorway Corporation took all property damage claims "very seriously", an RMS spokesman said.
"We will continue to listen and directly assist property owners in resolving any claims that are brought forward." The state government has since set up an independent assessment panel to review condition reports and resolve property damage disputes for a later stage of the project, the M4-M5 link.