We had our home renovated and we always use local companies you know support your local. Well this time it went pear shaped we partially paid builder a deposit to start this job of a new veranda and roof and direct deposits to this company. Finally after 14 months it was completed time wasent a factor.
But then 5 days later we had rainthen a leaking roof, gutters also 28 veranda posts that have warped severely. We did not pay the final balance due to these problems. Now he's sent civil court papers. So does anyone have any ideas on how to deal with these matters also has anyone gone threw the same crap.
Cheers
Help Dodgy Builder what can i do?
Karsta on 22/04/2014 - 09:09
Comments
lawyer up
Write them a letter defending the claim stating that the work was faulty and that you would be prepared to pay the remainder contingent on them repairing the faulty work. Provide a lot of detail and photos.
Make sure all communications are in writing. If they call you, make sure you send them an email 'confirming the discussion' with the time and date of the phone call.
All this would be used as part of evidence if you go to small claims court. Remember the magistrates there are fairly easy going as it's a non-lawyers court (or tribunal depending on your state) and they don't expect legal arguments.
Did you have a contract or a quote from them with a guarantee/warranty for the work for a certain period?
Depending on the nature and the cost, the ACL does apply. That is the work needs to be warrantied for a 'reasonable' amount of time. For building work this should be more than a few weeks.
What state are you in OP, and did you make sure he was properly licensed?
Hi I live in SA and yes he's a qualified builder we do have a written contract. We advised this builder 5 times he come back once he actually blamed his 2nd year apprentice for the stuff ups which the poor apprentice looked at ys saying he's lying which this Bloke is great at. We have found many people unhappy with his work especially the elderly but they are afraid of speaking up due to a small town it's really sad for them. We are seeing lawyers next week.
Thankyou for all your comments which will come in handy. Cheers.I think you can talk to consumer affairs and get some advise from them.
I too am thinking to do the same for the issues with my house. I built a new house from custom building company in Hallam. He is a member of HIA. But they are very dodgy and had many issues after completion of the house. I too had many problems with the leaking roofs and collapsing ceilings. I kept informing him over the phone for years and nothing happens then I sent few emails with pictures then he go crazy and would just threat me that he wouldn't do anything to fix them. As the issues are too many and one after the other, I got some of the critical issues fixed from my own cost. Still there are many others and I haven't talked to him for months now. I think the only other option I have is to go through a lawyer but that might cost more and I might be able to fix the issues with the money I have to pay for lawyers.
We've filed a minor civil claim a hope this works or i'll go crazy. This bloke is such a smug twit ripping people off and doing shoddy work. They should have licenses removed.
Next time it rains get video evidence. Courts love video evidence. It's like everyone's getting paid to watch TV!
Excellent Idea I didn't even think of that cheers. You've made my day :) Thankyou
It's so hard to find the relevant info for your state OP.
I'd be contacting Dept Fair Trading and find out with whom you should lodge a complaint about the shoddy workmanship as, if he is a licensed builder, there should be some sort of insurance that covers you for work that is not done to standard. From what I can gather, you need to have complained within 3 months of completion of work, which it seems you probably did (to the builder.)
I may be wrong, but it seems to me this is a totally separate matter to his action in civil court to get the $ you contracted to pay him. I'd be following it up asap.
Hi yeah we complained days after work was apparently completed but fell on deaf ears. I'm really nervous about court as I've never been in one before. But it needs to be done not only to clear my mind but to show you can't walk over the little people. If you have any advice on what I should take i've got photos video and contract and Many payments made to this clown. So if you can please advise me on what I need. Thankyou so much for your input. Cheers.
I'm not in SA Karsta, so am not really clear on how it works there. As suggested, though, call your fair trading dept and find out with whom you lodge a complaint about the quality (or lack thereof of his work.) I'd be doing this well before this other matter goes to court. You'll then have any paperwork regarding this to take to court with you.
I guess you should also take with you all the items you've mentioned, along with any evidence you have of emails and telephone calls between you and the builder regarding this matter.
Hi geewhizz thankyou very much for your advice and help will be talking to fair trading this week. Have a great day and thanks again.
Do you have proof that you advised the builder of the faults and that was the reason final payment had not been made?