Couple win gruelling case against builder

A GRUELLING civil court case between a couple from Gordon's Bay and their builder ended this week after eight years. Builder Pierre Kotze was instructed to pay damages after his work was found to be sub-standard and unsafe.

Mr Kotze started work on alterations to the Solomons' multi-storey house against the mountainside in Gordon's Bay in January 2001. The contract ran late and Mr Kotze's company was eventually ordered off the site after a consulting engineer told the Solomons the standard of workmanship was poor and unsafe.

In his verdict, Mr Van Reenen dealt with a number of issues relating to the dispute, among them Mr Kotze's claim to the Solomons that he was registered with the National Home Builder's Registration Council (NHBRC). The magistrate said that when challenged in court, Mr Kotze was at a loss to confirm this.

Mr Van Reenen said he was particularly impressed by the testimony of an expert witness for the Solomons, whose own report in his capacity as consulting civil engineer, had condemned the builder's work.

As for Mr Kotze's expert witness, engineer Lourens van der Westhuizen, the magistrate said he himself had conceded the workmanship had been poor, lending support to the plaintiff's case.

Mr Van Reenen did not agree with Mr Kotze's attorney that Mrs Solomon had been an untrustworthy witness and said Mr Solomon's e-mail communication to the builder had been "clearly diplomatic, even though he was not happy [with the state of affairs]"."He wanted to keep Mr Kotze focused on the project," Mr Van Reenen said, adding that it was a pity the Solomon's offer that the dispute be taken to arbitration had not gone ahead. "This would have saved much time and money."

The magistrate said Mr Kotze had been an aggressive witness and that on numerous occasions had been instructed in court to contain his temper.

"At times when [the Solomon's attorney Ludolph Joubert] asserted Mr Kotze had contradicted himself, he simply refused to answer the questions.

"One of the problems here was that I believe Mr Kotze underquoted on the project and realised mid-way into the work that he had done himself in," Mr Van Reenen said. "Mr Kotze was clearly not up to the job."

In an unrelated case, an investigation is underway into the questionable tactics of a builder, who operates in the Helderberg and Stellenbosch area.

He is notorious for not showing up after a deposit has been paid into his banking account, and because the work is of such bad quality - often the result that clients chase him away. The senior public prosecutor requires more evidence for a successful prosecution. It is believed that several clients have become victims of this man. Anyone who believes they've been a victim, is requested to phone Leon Alhadeff on (021) 557-8669 or (021) 556-4690.

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Clifford Roberts