KEY POINTS:
The builder of a home at the heart of the leaky building landmark case yesterday defended his workmanship - and vowed to continue building.
Speaking publicly for the first time, Robert McDonald said the Hobsonville home of Colleen Dicks "is not a leaky home".
"I've always maintained it
is not a leaky home. It is 100 per cent right but for two flashings that aren't working."
A landmark High Court ruling in December left the Waitakere City Council to pay the full bill of $250,900 in compensation because Mr McDonald's company, Hobson Swan Construction, is in liquidation.
The ruling said Mr McDonald failed to maintain proper standards of workmanship and the council was negligent because staff were untrained or careless.
The council has since appealed. Lawyers say the judgment could expose councils to huge payouts if they are deemed liable for the leaky homes disaster.
Leaky building consultant Prendos estimates the crisis will cost the country $11 billion and about 60,000 homes will suffer moisture problems.
Mr McDonald said even if he could afford to pay compensation he would refuse. "As almost a matter of principle, I wouldn't pay a cent because it is not a leaky home."
He had built the home to the standards and consents of the time and it was only with hindsight that his work had been criticised.
Asked why he did not do the repairs as promised, instead leaving the house with parts of its cladding torn off, he said he took it as an opportunity to open up what he believed were the faulty areas then stopped because "my moral judgment was satisfied".
The problems with the house had become "personal" and "too emotional" while selective use of images of the building in the media made it look worse than it was.
Mr McDonald believed he had just been a "means to an end" in the battle for compensation over leaky homes. "I'm just Joe Blow from nowhere and I figured out from day one they weren't interested in me or Mrs Dicks. They were trying to get the council and they were trying to get a precedent."
Although he would not apologise, he felt for Mrs Dicks, who fell "in love" with the home.
Mr McDonald said he was 100 per cent confident about all the other homes built before and after that of Mrs Dicks.
As far as continuing to build houses, he asked: "Why not?"
Mr McDonald sold the Wiseley Rd house in 1994 but, soon after moving in, Mrs Dicks found water pouring down the inside of windows. She later discovered her house had leak problems and although Mr McDonald agreed to fix it, repairs were not done.
In the High Court ruling, Justice David Baragwanath found the builder's failure to install seals around windows enabled water to run behind aluminium joinery and penetrate wood framing. The water then rotted the frame of the house, making it uninhabitable.
Mr McDonald said his company had not gone into liquidation because of the house but would not detail exactly why.
He also denied claims by a Waitakere City Council spokesman that they had been unable to track him down to contribute to compensation, saying they had all his details "except for my blood type".
He said he was not personally bankrupt "at the moment" but could be if the council came after him.
Herald readers dig deep to help Mrs Dicks
Money is pouring into a fighting fund for Colleen Dicks against a Court of Appeal action being taken by Waitakere City Council.
After a plea to help the 69-year-old widow left without a habitable home and facing mounting legal bills, Herald readers rallied to support her with offers of financial assistance and accommodation.
John Gray of the Leaky Homes Action Group said he was going to open a trust account.
"Most of the people expressed grave concerns that the council should be abandoning Mrs Dicks and making her nightmare worse," he said.
"The key issue is Mrs Dicks' ability to fund the defence.
"The council are in effect preying upon her because of her inability to fund a defence. It is morally reprehensible."
Waitakere Mayor Bob Harvey said it was not the council that decided to appeal, but council insurer RiskPool. He said he was uncomfortable with the move.
Mr Gray was reluctant to specify exactly how much money had been offered, saying he wanted to protect Mrs Dicks' interests.
Mrs Dicks said she was "overwhelmed" by the support.
Lawyer Paul Grimshaw, whose firm represents Mrs Dicks, said her bill was already heavily discounted.
How To Help
To contribute to the appeal email johngray-lhag@xtra.co.nz. Money can be posted to John Gray, PO Box 47-281, Ponsonby.
- Anne Gibson
