Composite Cladding – An update

Today the Victorian Building Authority was informed that CertMark International (“CMI”), a product certification body under the CodeMark Scheme, has withdrawn nine certificates for cladding systems, including aluminium composite panels (ACP) and expanded polystyrene (EPS).

The nine withdrawn certificates are:

• • CM40029 Ozone Panel Building Systems

• • CM40066 Alpolic A2

• • CM40067 Alpolic FR

• • CM40076 Ultrabond FR

• • CM40079 Vitrabond FR

• • CM40082 Dulux Exsulite TM Kooltherm Façade System

• • CM40093 Larson FR

• • CM40138 Dulux Exsulite TM Thermal Façade non-cavity system

• • CM40162 Cladex FR

This means that these once valuable certificates cannot be relied upon as evidence of suitability.

So where does that leave those who purchased a building with any of these products and what about buildings currently under construction?

It is reported that the Victoria Building Authority is seeking information in relation to the circumstances of withdrawal by CMI.

In the meantime, certificate holders are obliged under CodeMark Australia rules to notify existing customers of this withdrawal.

If you or any of your clients are caught up in this you can get further details from CertMark International on 1800 237 862.

It has also been reported that some of the material that was imported under one of these certificates was in fact substituted with an inferior product. It is not sure whether this was with the knowledge and connivance of the importer or done without their knowledge by the supplier.

At the end of the day, if the importer is still in existence, I would be looking for a recovery from the importer for under Australian consumer law they are deemed to be the manufacturer.

The trouble with all of this is that if they  have not gone into liquidation, they will and this will fraught the recovery process.

I for one think the ability for directors, particularly in the construction and property development industry to wind up one company leaving heaps of sub-contractors unpaid and others including end customers owed money and then a day later start up again under a different name has to stop.

Such people need to be brought to account to stop more innocent people being caught and the crooks out there getting away with it over and over again.

On top of all the costs that home and unit holders have to meet to bring their property up to date, the government is of course using this as a revenue making exercise and fining the innocents for not having the funds to do it immediately.

In a property market where property prices are falling where can the average person get the funding to bring the property up to spec. If the property was newly purchased, it is possible that the existing mortgage to be greater than the current value of the building. What is the security for the finance institution to lend more when they are already at risk?

The whole thing is a complete disgrace, making the insulation batts debacle look insignificant in comparison.

My heart goes out to all the innocent people caught up in this whole mess.