Developer upset at damage

Digital Harbour developer David Napier is dismayed by the amount of damage caused to his property by the Harbour Esplanade redevelopment and fears it won’t be fixed.

Mr Napier has written to VicUrban about his concerns but says its reply had not given him any comfort.

“I really wanted VicUrban to say it would take responsibility for its contractor’s damage but I feel we were just fobbed off,” Mr Napier said.

Mr Napier was reluctant to put a dollar figure on the damage, but said it involved about 150 metres of damage to the existing paving “interface”, damage to granite, bluestone and concrete pavers, damage to building facia and the smashing of a bluestone plinth on the customs building.

He said, rather than restore the damage, the contractor had simply filled the broken pieces with asphalt.

And by replacing damaged paving with asphalt, the contractor had, in effect, moved the boundary between Digital Harbour and the public realm.

In his letter to VicUrban, Mr Napier asked: “Can you please advise what agreements VicUrban has in place with the upgrade-contractor regarding the proposed course of remedy for rectification/reinstatement of our property and damaged assets.”

Mr Napier said VicUrban had replied but had not taken responsibility for the damage.

“They said they had taken a ‘dilapidation survey’ before they started and would invite us on a ‘formal defects inspection’ in due course,” Mr Napier said. “I was incensed by their response.”

But VicUrban says it always intended to rectify the damage.

Acting general manager Simon Wilson said VicUrban acknowledged that the damage occurred during construction.

“Our project director has previously met with Digital Harbour on-site and confirmed that damage will be rectified prior to the works being completed by mid-2011.”

“VicUrban will continue to discuss this matter with Mr Napier to ensure the matter is rectified to the satisfaction of both parties.”