‘Real-life nightmare’: After 8 years and 3 different builders, Damian Pater still doesn’t have a home

A single dad trying to build his family a home for more than eight years after three separate builders either ran off with his deposit, collapsed, or delivered dodgy work says he is living “a real-life nightmare”.

Melbourne resident Damian Pater said his tortuous bid to build his two children a home has been an “incredibly exhausting” ordeal.

A single dad trying to build his family home for more than eight years after three different builders either ran off with his deposit, collapsed, or carried out dodgy works says he is living a “real-life nightmare”.

Melbourne resident Damian Pater said his tortuous bid to build his two children a home in the city’s eastern suburbs has been an “incredibly exhausting” ordeal that has shaken his confidence in the building industry.

He wants to see better protections for homeowners, saying they are often left with no choice but to stump up for hefty costs of taking legal action against their builder.

“This journey has been incredibly exhausting and has become a nightmare for my family,” Mr Pater told the Herald Sun.

“This situation has been weighing on me for far too long and my heart goes out to others who may be dealing with the same, if not worse.”

Damian Pater has been trying to build his family home for more than eight years. Picture: Supplied

Mr Pater, who has a background in architectural drafting, launched his dream home project in 2017, spending two years negotiating with the council to get plans for a two-storey residence in Ferntree Gully approved.

“Ironically, I thought this stage was going to be the biggest challenge,” he said.

His dream turned into a nightmare in early 2019 when he employed a small family-run builder.

The builder took the deposit and then left Melbourne to start a new life in regional Victoria, Mr Pater said.

“I paid $8,000 and then I never saw him again,” he said.

“He didn’t do any work whatsoever. He didn’t even dig a hole.”

Mr Pater took this first builder to the Domestic Building Dispute Resolution Victoria (DBDRV), a free government service set up to assist homeowners and builders resolve domestic building disputes.

Despite the DBDRV ordering the builder pay back the deposit, the builder maintained the $8000 was the cost of a quote and Mr Pater never received a cent back.

Mr Pater still can’t live in his two-storey home in Ferntree Gully. Picture: Supplied

The DBDRV can issue a breach notice if an order isn’t complied with, and notify the Victorian Building Authority who can commence disciplinary action against the builder.

But homeowners still have to fund their own legal action in VCAT.

Months later, Mr Pater hired a second builder, a local construction business who he thought he would have more luck with.

It went bust at the framing stage.

“He constructed the slab and part of the framework and then one day he came to me and said, look I’m about to go bust, and I thought … here we go again,” Mr Pater said.

“All the timber had been ordered and it was left to weather for nine months.

“Any framing that was particularly constructed I had to tear it all down. I couldn’t use any of it.

“I just feel extremely lucky that I hadn’t paid him yet for the framing stage.”

Mr Pater was hoping it would be third time lucky when in 2021 he hired a custom home builder operating from Melbourne’s northern suburbs to finally finish the job.

Instead, things went from bad to worse.

This builder has left him with a house that still can’t be lived in and is riddled with faults.

The Melbourne builder left him with a half-constructed townhouse riddled with faults. Picture: Site Inspections

The builder first quoted Mr Pater $300,000 to finish his home but soon added another $34,000 to the bill because construction would “cost more than he originally thought”.

“I handed over money for the deposit and later for the framing stage which was another $73,000,” Mr Pater said.

“Then he issued an invoice for the lock up stage which was $80,000.”

Mr Pater had concerns over the demands for more money, particularly given his home was not ready for the lock up stage as it had “defects upon defects”.

“There were also extremely long delays – they weren’t coming to the job during the week, only weekends, and were dragging it out as much as possible,” he said.

“I kept emailing them and calling them, saying, you know I’ve got two kids that don’t even have a room or place to stay at.”

Mr Pater engaged building consultants, engineers and inspectors who identified various “incomplete, defective and non-compliant items”, including issues with the waterproofing, floor and framework.

Mr Pater with his children, Kyran and Sienna. Picture: Supplied

Another trip to the DBDRV saw the builder ordered to supply a framing certificate, to prove the property was defect-free, and so construction could recommence.

That certificate was never provided and Mr Pater instead hired a lawyer to break the contract with the builder.

“I ended up paying $8,000 just to get out of the contract,” he said.

“I wanted to take legal action through VCAT, but that would have cost me more than $70,000 and obviously, I didn’t have that kind of money.”

The Melbourne dad estimates he is $100,000 out of pocket.

“He has left my dream home in a terrible condition – there are so many defects that other builders don’t even want to touch it,” he said.

“I’ve got no back-up plan, I’m thinking of even selling it, because I’ve got no idea what to do.”

The Buyer Protection bill before the Victorian Parliament will ensure consumer deposits are covered by the insurer.

It will also allow the regulator to direct builders to rectify non-compliant, incomplete or defective work.

If the builder refuses, the consumers can claim on their insurance to get the work done by someone else.