Class action possible if cladding list was made public, builders advocacy group claims
The Andrews Government is refusing to publish a list of buildings that have been identified as having dangerous cladding over arson fears. But a building industry figure claims there is another reason for the secrecy.
The Andrews Government is keeping its secret cladding list to prevent a massive class action, a building industry figure believes.
About 1100 properties - including hundreds of Melbourne apartment buildings - have been identified as at risk from flammable cladding.
Builders Collective president Phil Dwyer told the Herald Sun the “very reason they are keeping that list secretive is to protect themselves from a massive class action”.
The Builders Collective is a building reform advocacy group.
“Class action lawyers - we call them ambulance chasers - are only interested in volume. At the moment they don’t have a list of people affected, but if they did you would get a big class action happening.”
The state government was their target because it had failed to enforce the complaince of builders over many years.
“If it was enforced then we wouldn’t have this problem...there are just no policemen on the block.”
Builders warranty insurance - requiring builders to be ensured for work over $16,000 - is not mandatory for apartment buildings with more than three levels.
Mr Dwyer said government and not insurance companies should be policing the industry because the insurers were only interested in the financial ability of the builders.
He said: “That’s the reason the building industry is out of control.”
“When it was approved they got their letter of eligibility and they were able to go ahead and build.”
Planning Minister Richard Wynne said the government was acting on the advice of the emergency services who have repeatedly warned the list should not be released.
“Identifying these buildings could make them a target of arson and put the community and emergency services personnel at risk.
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“This is about safety and always will be.”
In October, the Building Amendment (Cladding Rectification) Bill 2019 was introduced to Parliament and includes a provision to allow the state to chase wrongdoers through the courts in cases where the taxpayer is left with rectification costs.
This legislation will give the Government the ability to pursue building practitioners, meaning homeowners don’t have to spend their own time and money.