Advice about unreasonable client.

• 

  orourke on 27/05/2014 - 23:18

  +3

  If I recall… in NSW Building works worth over $1000 must be evidenced in writing from the builder and over $5000 require a a building contract with certain requirements that must be fulfilled. So, probably best to get whatever he can negotiate with the owner and then call the rest a loss. I think there may be a bit of a penalty to dissuade people from doing what your uncle has done.

  There might be some quantum meruit (payment for work done) argument that could be made in court, but I bet it would not be worth your time/money at the end of the day. But this isn't really the place for legal advice.

  vote bikies.

• 

  mooney on 27/05/2014 - 23:26

  +2

  This looks like a nightmare. I doubt a legal approach is in anyone's interests.

  My recommendation is to stop all work and obtain full scope of what needs to be done. From there your uncle can revise his quote to something that would be acceptable to him and worth his while.

  If it is likely to be a waste of his time then I would suggest he burns his bridges with these unreasonable sounding 'friends' and down tools, even if that means ending up out of pocket. Ideally though a compromise can be achieved.

  The lesson here, I guess, is be very clear at the start of a job what is required, particularly if it's going to be done outside council approval.

• 

  mooney on 27/05/2014 - 23:28

  +2

  Actually scrub that. Just get the bikies in.

• 

  shadow131 on 27/05/2014 - 23:42

  +4

  Your uncle should just leave the project in limbo. Although he doesn't have the money, he has the leverage over the client. Why? personal experience, we got screwed over, ended up caving to finished the job, whether this be cleaning up or not, his labour is needed to either re structure or restore. Not many contractors will be willing to pick up a 1/2 way completed job.

• 

  bigticket on 28/05/2014 - 02:03

  +2

  I don't know the entire situation, but there is sometimes a slim possibility if the addition is not too radical, the work can be approved with subsequent DA to the council with some changes to get the addition in code.

  If not, play the waiting game as shadow131 recommends. You know, I am busy, I have a lot of jobs etc etc…. Let it go for a month or two. The council with order the removal within a certain time frame. Wait for that to elapse, and then do your negotiating.

  I feel you are probably going to have to accept it as a loss.
  Remember, they are asking for your uncle to basically work for free for a day or two and pay peanuts (that is due to their mistake…) to rectify the situation. Is it not better your uncle work for 1 or 2 days elsewhere and get PAID for it.

  It is totally immoral and unfair that their mistake should be visited to you financially.
  Never do work for family unless its for free.

  I recommend you retrieve your tools/equipment as they could be held as ransom.

• 

  spal on 28/05/2014 - 05:25

  +2

  First action,ask your uncle to take photos of the site before any further demolition activity. Then hang on to the bills. Also ask him to make diary notes with possible dates of the conversations, dates he's worked on the job and payment received. Even if your uncle may not want to take them to court, you will find these will help in negotiating.
  In my work if a client complaints about some issues, I find reading out of my contemporaneous notes gets them to back off. As mostly they do not have any notes.
  Ask your uncle to be as accurate as he can remember. His client would not know that the notes are really not contemporaneous. Photos and the payment history will help in reflecting the isssues in black and white. Will show some work was done and payments made are an acceptance of the liability by the client.

• 

  shannonn54 on 28/05/2014 - 08:43

  +1

  First is your uncle the licensed builder in this instance or working under someone elses builder licence?

  Why? Generally depending on state you live in, any major work, renovation has to be approved by the council before work can start, this is usually the builders responsibility (in conjuction with owners)

  If your uncle didn't call for plans, check submissions etc, perhaps legally he is in breach of local building regulations and law, so any legal avenue of recovery etc. may get him in the shit.

  If these so called friends (of) friends want to manipulate your uncle to get something for nothing via guilt trips or peer pressure, then maybe the introducing friends should be asked to contribute and either do the demolition work or stump up the diff between the uncles normal hourly rate and the "negotiated" mates rate?

  I believe your uncle should take full payment for materials and work already performed and walk away

  Thus in the long run freeing him to do full paid work with none of the stress and headaches of dealing with this kinda crap.

  Remember there are no signed contracts, so no come back to force your uncle to complete the job, take whatever you can and leave cut your losses