How this determined couple took down their own rogue builder

A Melbourne couple who was left with a half-built, defective home — and more than $117,000 out of pocket — say “useless” authorities abandoned them and they had no choice but to investigate their own builder.

A Melbourne couple say ‘useless’ authorities left them with no choice but to investigate the home builder on their own. Picture: Supplied

Victoria’s building regulator has been criticised by the state’s information commissioner for blocking access to documents about a rogue builder who left a Melbourne couple more than $110,000 out of pocket.

The couple, who was left with a half-built home full of defects, say “useless” authorities left them with no choice but to investigate the home builder on their own.

They say they have been forced to spend more than 2000 hours and at least $3000 over three years to dig out files on Melbourne builder Craig Wellington.

“All of this time was spent over many weeknights after we’d cooked, cleaned, gotten the kids into bed, made school lunches and then worked on all of this from 9.30pm-1am and beyond and often on Saturdays and Sundays,” the couple told the Herald Sun.

Mr Wellington, who was trading under the Essendon-based company SCAL Construction at the time of their build, was a former bankrupt who had previously operated two collapsed construction firms, the Herald Sun revealed on Tuesday.

The couple was left with a half-built home full of defects. Picture: Supplied

The couple has slogged through more than 35 Freedom of Information requests. Picture: Supplied

The couple has slogged through more than 35 Freedom of Information requests – the right to request access to documents held by government agencies – including from the Victorian Building Authority, VMIA, Australian Securities and Investments Commission, WorkSafe and Australian Tax Office.

They even had to get the Victorian Civil and Administrative Tribunal and the Office of the Victorian Information Commissioner involved when the VBA wasn’t handing over documents.

An OVIC review from October revealed some files released to the couple from the VBA were “delayed without a valid reason”.

While OVIC acknowledged the VBA was initially “confused” by an order from VCAT over the release of documents, the commissioner said after receiving clarification, the regulator then took over seven months to hand over the information to the couple.

Public access deputy commissioner Penny Eastman said the VBA also provided Mr Wellington with additional time to request a VCAT review over the releasing of documents.

“ … it was not the VBA’s role to provide this extension to the third party and doing so created further delay and confusion,” Ms Eastman said.

“I am therefore of the view that the VBA acted contrary to the objects and purposes of the FOI Act by delaying the release of documents to you without valid reasons.

The couple says the builders used a cherry picker and destroyed the garden, causing $6000 worth of damage. Picture: Supplied

The couple had to attend VCAT on three other occasions after Mr Wellington himself also objected to the release of documents. Picture: Supplied

“After careful consideration, I have written to the chief commissioner of the VBA to highlight my concerns about its conduct in relation to delaying your access to documents.

“I have recommended the VBA should review this matter to identify areas of improvement and take steps where appropriate to prevent recurrence.”

The VBA has since conducted a review and introduced improvements including new processes for handling high volume complex FOI applications.

The couple also had to attend VCAT on three other occasions after Mr Wellington himself also objected to the release of documents.

The pair, who forced SCAL Construction into liquidation after taking the company to the Supreme Court, said the process of applying and accessing documents was “tormenting”.

“Whilst also working full time and raising five children under the age of 11, it was us who had to shut down the company,” the husband said.

“It was an enormous time, emotional and financial cost to our entire family.

“It was devastating to learn that, through the thousands of hours of our own time spent on research, the Freedom of Information process, corresponding with three CEOs and submitting seven complaints over three to four years, that this all should never have happened.”

He said the usual time-frame to receive a document from a government agency was anywhere from 75 to 205-plus days.

“What has been particularly hard to watch has been my husband being consumed with finding a way to not only fix our nightmare but also to prevent it from happening to other families who may find themselves in a similar situation,” the wife said.

Originally published as How this determined couple took down their own rogue builder