THE ZEBRA HERD GROWS

There is always safety in numbers and as more Zebras team up the more dangers they can see and oh what are they seeing? There are not a lot of predators out there but there are more than enough to be worried about.

So as the herd grows it is a little disturbing to discover that there are far far too many predators about. If you feel at risk, or have been bitten, or you have a danger to report please use the comment section below to alert others of what you see or have seen.

The more eyes that are watching the more that’s seen and the safer each individual will ultimately be!

AND remember that there is another Zebra Australia Website. Take a look and you'll find more contact information there!

COMING SOON - A NEW ERA IN CONSUMER PROTECTION

Australian consumers are about to have a new consumer service available to them. fair-trading.com.au will be offering a conflict resolution service . The network’s motto is "turning victims into victors & predators into prey".

A FASCINATING TALE

A Zebra owner builder (lets call him ZOB_1) goes to HARDWARE X (HX) to check out an item of equipment. He finds that there is a choice of one and it seems a bit too expensive for what it has to offer.

ZOB_1 then goes to Bunnings to check what they have to offer. The situation is not a lot different except there is a choice of two. The HX item is one but it is 20% cheaper and the other is about 50% more expensive.

ZOB_1 Decides to get the HX option (but from Bunnings) at 20% less. He takes it to the site assembles it and finds that it is not up to the task – not safe enough most importantly. So ZOB_1 rings Bunnings and they say “bring it back, do not bother to dismantle it again and we’ll do a refund or a replacement upgrade – your choice, but please bring your receipt.”

ZOB_1 goes to Bunnings again, decides their option 2 was probably what he should have purchased in the first place, swaps option 1 for 2, does the reconciliation transaction – there are smiles all round – loads the replacement in the utility and is back home within the hour. The whole process was simple, stressless and satisfying despite everything!

Driving home, satisfied with the experience, even despite his mistakes, ZOB_1 begins to wonder why it is that some of his ZEBRA Network friends have not had similar experiences with their builders.

ZOB_1 can only conclude that Bunnings is in their business to satisfy their customers and by doing so, perhaps increase their market share – and they did so here! So it seems that there are quite a few builders – too many at least – for whom this is an alien concept. ZOB_1 is still trying to fathom that idea one out – as is the whole network – but there you go but big tick for Bunnings . It's all black and white really!

A CHANCE TO GET POLITICAL ONLINE PERHAPS ?

If you want to get POLITICALLY active, and online, well possibly there will be an opportunity to submit petitions to the Senated online. The Senate is now asking for submissions on being able to submit on-line petitions! (due 08/08/08)

HERE IS THE LINK
http://www.aph.gov.au/house/committee/petitions/epetitioning/index.htm

BAD NEWS STORIES, GOOD NEWS STORIES

First the bad news, since the ZEBRA AUSTRALIA BLOGspot has been online there have been so many sad tales that have been brought to the growing network’s attention – but hey Dodgy Bros Pty Ltd have been in business since Adam was a boy.

Now for some good news, there have been a significant number of good stories coming ZEBRA AUSTRALIA's way. The good news stories seem to have particular sets of similarities that also seem throw light on the bad ones – well to some extent. Because, ZA has had a focus on Dodgy Bros Pty Ltd it is ever likely to be the case that we’ll hear proportionally more about the disasters (major & relatively minor) that these 'operators' leave in their wake.

For instance, it is patently clear that the dysfunctionality of the current last resort insurance scheme operating throughout Australia – the mechanism that comes into play when things do go wrong – is a part of the problem. What is less clear is what it is that actually triggers the chain of events that lead to the point when it does.

On the one hand, there seems to be some consistencies in the good and bad stories. On the other, there also seems to be unique circumstances that apply in each case – case by case. The good news stories (and there are many) are starting to throw some light on some of this – that is once the passion and distress is peeled back. People in Australia have traditionally made their home their single largest investment (and they have been encouraged to) so it is no wonder that there is some passion there.

If all building stories coming to ZA were bad ones it would be obvious to all and sundry as we simply move around in Australia’s ‘built estate’. By-and-large the vast majority of Australian buildings (homes in particular) are sound, durable and safe – albeit that much of it is poorly designed, environmentally inappropriate, etc. It is no wonder that Dodgy Bros Pty Ltd victims ask, why me?

It is just the case that SOME projects fall through the cracks of the regulatory system. Why? How? When? Therefore, early on in PROJECT ZEBRA it is clear that there is a need for some INDEPENDENT research. Who can do, or will commission, this work?

• Government (Local, State or Federal)? ZA thinks that is unlikely!
  
• The Building Industry via its associations? ZA doesn’t believe that they would believe that they see it as their job – its simply not their reason for being!
• A University? Possibly, but who, or what, would trigger such a project?
  
• The community? Possibly, but who within ‘the community’ is going to initiate it or fund it – and how?

Where to from here? ZA is now looking at this set of questions and attempting to find a way forward.

ZEBRA AUSTRALIA’S OTHER WEBSITE

The ZEBRA AUSTRALIA NETWORK has set up another 'Web Presence' to assist ZEBRA networkers. This site will be able to provide access to some valuable tool kits etc. as they are developed.

The site is now up and running albeit early days. There is already information there that will be of some help to intending homebuilders and renovators.

NOTE: Tasmanian networkers will also find links to the local network on this site.

The Web Address is : www.ZEBRAaustralia.net

A WEBSITE THAT'S WORTH A LOOK

The Builders Collective has drawn ZEBRA’s attention to Catherine Cusack MLC ‘s WEBsite www.catherinecusack.com.au

Catherine Cusack is NSW’s Shadow Minister for Fair Trading
 & Volunteering. It makes for rather interesting reading for anyone interested knowing more about the dysfunctional homebuilder's warranty insurance situation.

Also, the Sydney Morning Herald are also running a story soon on all this – so watch out for that.

THE BUILDERS COLLECTIVE OF AUSTRALIA Inc

ZEBRA AUSTRALIA supports the Builders Collective of Australia Inc – an initiative of industry members disillusioned with the mandatory 'Last Resort Home Warranty Insurance Scheme'. This organisation is actually working towards building a better building industry – there are indeed some good builders with their clients interests at heart.

If you are contemplating building a home or renovating please go the BCA Website and watch the videos – it is an imperative!!

WEB Address: www.builderscollective.org.au
Email the Collective

Leaks threaten homes at Twin Waters (Q'ld)

12:00a.m. 14th July 2008 ... By Bill Hoffman

Angry property owners who paid more than a million dollars each for a stake in Lend Lease’s signature Water Gallery development at Twin Waters want to know why their home units leak every time it rains.

They have recorded at least 80 instances of water incursion and at least one owner still has tarpaulins covering the roof of his $1 million- plus over-the-water unit.

Peter Sanday, who moved into No.22 at Water Gallery after purchasing off the plan in 2004, is so upset he has set up a website – www.lendleasedefects.com – to record a litany of problems with the Water Gallery complex and the View Point, Visage and Novotel Twin Waters developments.

READ THE FULL STORY

A QUEENSLAND LAW CASE THAT’S WORTH A ZEBRA WATCH

Queensland’s Sunshine Coast’s Mayor now finds himself in the midst of a rather nasty legal tangle. It is not of his making it would appear – well on the surface.

Nonetheless, the Sunshine Coast’s new, Mayor Bob Abbot, finds himself in the thick of it all! It's all being fought out within Queensland’s, and the Australian, legal system right now.

In the past all this sort of thing went on behind closed doors and the public never really got to know about it. But how things have changed!

If you are in doubt go to the case Website – http://www.sunshine-coast-regional-council.com/ – to read all the details in TECHNICOLOR!

There are lessons in this case for:

• Homebuyers, Investors, Developers & others;
  
• Homebuilders & Renovators,
  
• Government at all levels – Councils (members & staff) in particular;
• Estate Agents; and not to mention
  
• Builders and their Subcontractors.

ZEBRA WATCHERS are keeping a keen eye on this case!

Click here to learn more about this council
Click here to learn how to complain to this council

ZEBRA INFORMATION ALERTS

If you have iformation you wish to share with ZEBRA AUSTRALIA please email it to:

• zebraaustralia.names@blogger.com – should the information be related to exposing an individual or business that seems to be preying on its clients;

• zebraaustralia.legal@blogger.com – should the information be related to legal issues and/or a case study
  

BUSINESS WORLD METAPHORS IN THE ANIMAL KINGDOM

HYENAS: Why are we talking about ‘hyenas’? Well it has been put to Zebra Australia that Hyenas behave somewhat like some of the builders etc. that the growing Zebra Community/Network is confronting. Do any of the observations below sound any alarms for you?

Hyenas forms social groups called clans and the males disperse upon reaching sexual maturity. Hyena clans may be made up of 3 to 80 members. Larger clans generally occur in prime territory with large prey concentrations – how are we going so far.

Once a Hyena joins a clan, it enters a dominance queue that others respect. As more enter the queue and older ones die off, a Hyena simply moves up through the social ranks – are you still with us.

Hyenas spend a long time developing relationships with others in the clan. They follow various individuals for days or even weeks and eventually gain favor through this behavior. Although Hyenas live in clans, the members of a clan are only observed all together in three circumstances:

• At kills,
• When defending the territory, and
• At a communal den.

Does this set of behaviors sound at all familiar?

Most often, Hyenas forage alone or in small groups. Higher ranking animals have been shown to associate more with kin than low ranking scavengers. This behavior is beneficial because when they forage together and engage in coalitionary attacks against unrelated Hyenas when competing for food at a kill. Thus, Hyenas who associate with their kin are able to gather larger amounts of food more efficiently. Does this sound familiar?

In addition to allowing individual ‘groupings’ to defend rank and status, close associations with kin allows some of these kin groups to displace higher ranking individuals, and groupings, under certain conditions.

Also, low ranking Hyenas preferentially associate with higher ranking animals. It is hypothesized that these low ranking individuals receive benefits from the high ranking animals through reciprocal cooperation. Does this sound like anything you already know about?

Hyenas have a reputation for being mostly scavengers but this is not so. Studies have found that 70 % of a Hyena’s diet are direct kills. Typically, clans split up into hunting groups of 2 to 5 individuals, albeit that Zebras are hunted in much larger groups but overall Hyenas prey on a rather large range of species (people?). How does this match your experience?

In one study some Hyena ‘clans’ were found to prey on very large animals. In addition, Hyenas have been known to prey on the very young in these large species animal groupings. Hyenas uses their keen senses of sight, hearing and smell to hunt live prey and to detect carrion from afar and they often chase their prey long distances and at high speed. Does this sound familiar?

Hyena clans typically go on hunting trips to the nearest concentrations of prey. The average round trip for these trips is about 80 km and individual hyenas typically make 40 to 50 trips per year for a total of 2800 to 3600 km per year. It is also of interest to note that Hyenas are ‘attended’ by a relatively broad spectrum of carrion eaters – vultures, buzzards, wild dogs, foxes, jackals. Are you still with us?

Zebra Australia is not driven by zoology but hey this stuff seems to ring awfully true, and by the minute, when the growing ‘victim list’ is filed and collated. BUT hey, here some new fact to think about. American scientists wanted to see if zebras were white with black stripes or the opposite. They had moved with the genetic combination of some animals and had finished cleaning the dark spots. So, everything indicates, Zebras are white. The black color comes superficially.

You see, the stripes are unique and distinguish each animal from the other, and at night, they confuse the predators joining bands of light and shade– the mystery is unmasked.

NOW, other than man, which animal laughs? Monkeys, mainly the chimpanzees, use face expressions that can be compared with the human laugh. But the objective is to demonstrate tranquility – not joy. However, the ‘laugh’ attributed to Hyenas is not quite 'a smile' and its absolutely nothing to do with friendship – it is all about intimidation at one level or another.

JUST HOW IS IT THAT THINGS CAN GO SO WRONG AND JUST DON'T GET FIXED

There is a growing list of cases flowing into Zebra Australia that seems to suggest that there are some serious problems in the building industry. One has to wonder just what it is that is REALLY going wrong with all these projects that are now coming to the surface.

Are builders inherently dishonest and/or ill equipped to carry out the contracts they sign up for? ZA doesn't not want to believe so! Is the level of service failures in the home building industry symptomatic of a dysfunctional, or poor, or even a lack of training system for trades people and others in the industry? That is quite possible – and at all levels! Is it the case that when an industry self-regulates the kind of problems ZA is now seeing in growing numbers is indicative of the fact that all too much is being swept under the carpet? ZA believes that it is quite likely to be so!

On the other hand, on a case-by-case basis, it seems quite different things are going on with various projects. Each problem is somewhat project specific but it is a complex picture. However, there are some patterns beginning to emerge that suggest that there is mounting evidence of some deep underlying problems with at least SOME service providers – and at all levels, professional, managerial and trade. It is also becoming obvious that there are too many problems by far and that there are far too many that go unreported or that slip under the consumer protection regulatory radar.

The problem appears to be one that is linked to the self regulating nature of industry bodies and their being disinclined to, or unable to, face up to the reality that some design professionals, builders and trades people are out there perpetrating all manner of transgressions and simply failing to deliver. It seems to be the case that regulatory systems (local, State & Federal) are falling far too short of their mark – clearly standards are falling and seriously.

The single case pictured here (samples only) is one where a close look at the pictures show all the signs of failure and raise so so many questions!

SOME FURTHER INFORMATION ON ZEBRA TIPS

To put Zebra Tip #9 in a bit more in context “Look with suspicion on a contract with a low penalty for delay. The builder’s greatest weapon in a dispute is delay: take delays seriously as soon as they begin. They MAY be a warning sign”. Remember what you may fear may only occur or be relevant within the context of a dispute – and to ever collect on a delay penalty clause you will probably need to take legal action.

In the case of Zebra Tip #13 'HIA/MBA' are simply acronyms for 'an industry body' and there other bodies for which it may apply – not all are bad or irrelevant but they must be understood as self regulating INDUSTRY bodies there to protect the industry and not necessarily consumers.

A TYPICAL LETTER TO ZEBRA

This letter is published here with the writer's permission and ZA thanks them for that. Just another sad story beginning to unfold!

Simply click on an image to enlarge it

ZEBRA AUSTRALIA’S REASON FOR BEING

Zebra Australia (ZA) is in the process of setting up a community based consumer building support network in Tasmania and thus providing a model for like groups elsewhere. Why the name Zebra, well "a zebra is a very distinctive creature but if it moves in a herd it's less likely to be preyed upon,''

Since the announcement of Zebra Australia our network has received a constant flow of letters from consumers and at this stage our collective observations and findings are:-

Many consumers are babes in the wood against the experience of builders in disputes: they hand over a family’s dreams, savings, future earnings, and welcome builders into their homes. They need to trust, want to trust. They look to membership of associations for reassurance when selecting a builder.

All too often builders’ duty of care is not taken seriously. Thus ZA believes that Govt intervention is required to protect consumers who just can’t afford to trust Associations to self regulate their industry, and who certainly can’t stand up to the resources of builders in a legal battle. The high incidence of building disputes demands attention at the highest level. ZA aims to alert consumers yet to embark on a renovation /building project to stop and look again, until consumer protection is improved.

There is no doubt that there are many good builders who also work ethically, but unfortunately many consumers are not able to discern who they are. Clearly, awards, publicity demonstrates to consumers that:
• Builders can self promote very well;
• Holding high office and memberships of industry bodies and associations simply show that the builder is interested in attending meetings yet sadly these things give no real guidance in regard to integrity.

Consumer protection has been so poor for so long that the culture of the industry is to ‘blame the victim’. Disputes are so prevalent that builders are expert at handling ill-equipped consumers. Builders start collecting protective evidence from the outset in case the consumer becomes ‘difficult’ – meanwhile the unsuspecting consumer is making them cups of tea.

Sadly, consumers have no hope of becoming experts because one building disaster is all they can ever afford in a lifetime. That’s why they need to find some collective power, and that’s why Zebra Australia has been set up. The dispute resolution process is a lame duck and it leaves far too many homebuilders and renovators in a desperate position – and typically through no fault of their own.

BUILDING A HOUSE OR RENOVATING? 11 THINGS TO WATCH OUT FOR

If you have been there – and you have been burnt – when you look back you can see how the dispute process evolved and with all the wisdom of hindsight you can see these 11 steps to disastrous situation you now find yourself in:

Step #1: The builder starts to slow down and problems begin to emerge. Talk to the builder. Builder makes a promise to address problem(s!). Fails to do so. Consumer gets angry. Builder begins to blame something about the job: you, your expectations, or some small thing like you haven’t chosen a doorknob.

Step #2: The consumer just can’t believe that this person they trusted, in their house, could not be reasonable, so you keep onto them. Then they move offsite.

Step #3: The consumer rings Consumer Affairs – until recently they didn’t want to hear if the dispute involved matters over $30000. They now offer to mediate, through the new Building Dispute Officer, who has no power to enforce agreements so this probably will be as ineffective for seasoned disputers as the usual mediation and arbitration processes.

Step #4: The consumer complains to MBA/HIA. Sympathy but no action.

Step #5: The consumer resorts to the contract for help. Delays incur a minor penalty [never assuming you’d need that clause] There’s tens of thousands of dollars at stake.

Step #6: The consumer realises that their only recourse is mediation: you want someone to help you with your case, and that’s a problem.

Step #7: The builder brings out things that were irrelevant and he had been ferreting away, like a request to choose a paint colour they made once on the way out the door that you forgot, and discredit you.

Step #8: The consumer reaches a mediated agreement. However, the builder fails to honour his commitments.

Step #9: The consumer goes to arbitration. The costs are significant and you are left with a decision which if not honoured, you must take to court.

Step #10: The consumer must find a lawyer who isn’t representing your builder – perhaps needing to go out of your area in order to do so.

Step #11: You get advice that you have a good case and it will take 2 more years and cost $150,000.

So you sell up. Alternatively, many consumers come to an understanding of just how hopeless it all is and don’t pursue the matter. They pay out enormous amounts of money to get to get the builder out of their lives. It is a sad scenario, yet its one that repeats itself over and over and over.

20 TIPS TOWARDS AVOIDING A TRAGEDY

Take this as a ‘given’, it is not guaranteed, nor even likely with some contracts, that mediation, arbitration or the contract provisions will protect a homebuilder or renovator in the current climate. If you take legal action to resolve a dispute then think years, and probably over a hundred thousand dollars – and still there is no guarantee of justice.

Typically, consumers will more that likely choose to pay substantial variation fees to get things sorted, just to get the problem out of their life. When things go wrong the consumer is most often blamed; there is no realistic recourse against a company with massive turnover and armies of lawyers, against the small family with a dream and a debt.

Tip #1: The best hope of averting a tragedy is in the early days of selecting a builder and preparing design documentation, well before work begins. Take little comfort from your contract. Typically, these are standard industry contracts created by the building association and therefore in the builder’s best interest – not consumers! – unless you can afford to enforce the contract in court.

Tip #2: A builder may be capable of good work, but whether you get it is a very different matter.

Tip #3: Heed the hesitations of friends when you ask for opinions. Many builders are blaming the consumer and so friends may say things like ‘they said we were an exception and they don’t usually have these problems’, or ‘we paid heaps in variations’ which is an indication of insufficient planning and design before building (and payment) begins.

Tip #4: Don’t assume it will be better for you, no matter how you try. Don’t trust publicity, only word of mouth from trusted consumers with jobs on a similar scale to your own really count. Always seek references and if you cannot get them worry a lot!

Tip #5: Never take Industry Awards as any indication that builders can do your job, as opposed to a job for an Award. There are no awards for integrity. There’s a risk that if your job’s progress doesn’t look like it will befit Award nomination those builders addicted to them will lose incentive to finish your job or fix your faults.

Tip #6: Things are not always what they seem – paying more doesn’t always mean a better job. Ask around, not just the clients recommended by builders – do your own research! All builders probably have some happy clients. You want to find one with all happy clients, within reason.

Tip #7: Be aware you may want to trust too much to get the job underway, and this is your weakest point.

Tip #8: Take note that lines like ‘we have a waiting list’ ‘we’ve just had a cancellation so we can take you on if we get started by…’ should be warning signs that you are at risk. Proceeding in a rush, without detailed plans and designs, places you in an incredibly vulnerable situation. If something goes wrong you have virtually no effective recourse.

Tip #9: Look with suspicion on a contract with a low penalty for delay. The builder’s greatest weapon in a dispute is delay: take delays seriously as soon as they begin. They MAY be a warning sign.

Tip #10: If you are not happy with what is on offer, ignoring it won’t make it go away. It quite likely that it come back to you as an expensive problem.

Tip #11: Before signing up, call a few lawyers to see if they would represent you against your builder if it comes to a dispute. If you can’t find a lawyer who could represent you because they all represent the builder, take note.

Tip #12: Don’t trust membership of a professional association like the MBA or HIA as a sufficient recommendation in itself. Almost all complaints received by Zebra so far mention membership of professional associations.

Tip #13: Look at your contract. Don’t sign it if you don’t feel your interests are protected. Take it to your lawyer, but make sure they know what they are doing: some see the HIA logo and say it must be good. These people obviously don’t handle disputes. If your builder insists on a dodgy contract, shop around.

Tip #14: You have lost your power as soon as you have signed. Builders will demand payment at every stage and threaten not to proceed until they get their money even though things aren’t finished. Most contracts only offer a small penalty for delay.

Tip #15: Take notes at ALL meetings and get them signed off by both parties. Keep a photographic record and a diary of work done and personnel attending day by day, as accurately as possible. Read and correct all minutes and make sure these are signed off. Odd inclusions may be evidence that your builder is anticipating a dispute. Query these and correct them.

Tip #16: Plan how you will file and store ALL papers etc before the job starts. Use mail and NOT email and keep an organised copy of everything. Sign and date all emails, and get the person responsible for your job to do so. You may be blamed for problems within their staff, so be prepared to defend yourself and put the problem back to the most senior person.

Tip #17: If asked by the builder to do something, like choose a colour, take a diary note and ask for a due date, and comply, and send a note acknowledging this. The little things can become very significant. This will not necessarily prevent the problems, but you will be less vulnerable to blame, and this will help your mental health. If you fail to do so, this may be used as evidence that delays were your fault. When a dispute is in progress no one will care that it didn’t really matter to the progress: it’s the builder’s word against yours.

Tip #18: If your builder gets uncomfortable with this level of correspondence it’s better to know early, and decide for yourself why. Getting out early may be a better option, even if costly. Reality check: though you’ve done nothing wrong and you’re a nice person you will lose lots of money if you have a builder without good management practices and integrity. You could lose a lot more: your health, your happiness, your house, and even end up with a lifetime of debt.

Tip #18: Remember that throughout the job warning signs need to be taken extremely seriously.

Tip #19: Research your builder THOROUGHLY as he MAY be working with the cover of multiple business names.

Tip #20: Keep a note of any seemingly suspicious appropriation of faulty or wrongly ordered materials or oversupply. This may be a criminal matter, and such costs would force up the cost of insurance – Zebra is interested in hearing about this in order to discover any 'other' common practices!

Zebra Australia believes that it is appropriate to support the presentation of a Builders Collective as it encompasses all our past and current concerns and more. Also, that model included the solution for a reform that is based on the holistic open and transparent Queensland model of industry management – one that also delivers appropriate consumer protection. This model has been professionally researched and we endorse a uniform national approach to be overseen by the Federal Government.

Zebra Australia believes that the Australian building industry is deserving of ‘the Queensland approach', undertaken with the appropriate oversight from the Government of Australia. ZA is committed to working towards seeing this, or a like ’system’, being adopted Australia wide – and especially so in Tasmania at the moment.

HOW TO MAKE CONTACT WITH TEAM ZEBRA

It is very simple really! Just make a comment in the comments section below and provide your email address if you want Zebra to contact you. Tell us all that you want to tell us and indicate whether or not you want the information in the ‘comment’ published on the blog.

YOUR PRIVACY WILL BE RESPECTED AND CONFIDENTIALITY KEPT!

WATCH THIS SPACE

ZEBRA is watching out for you. So come back soon to see what is being exposed. We are working hard to get everything together unlike some of the builders and their 'subies' who have driven us to all this.

In the meantime leave a comment if you have a concern! And if you are renovating or building take great care because you MAY be in deeper trouble than you imagine that you could possibly be.