Hi everyone,
We are in a bit of situation here and need some help we had a dispute with a sliding gate installer , the company installed the sliding gate and did not installed the gate as per the requirement. Just to give a bit of background the installer installed the sliding gate on a aluminium sliding track instead of the concrete track and attached the sides of the sliding track directly to the colourbond fence posts which resulted in the fence /post panels movement as the weight of the sliding gate was put on the fence/post and it further resulted it getting the sliding gate jammed in the fence post and sliding track intailly the installer gave us 2 years warranty on the parts and lifetime warranty on the worksmanship but when we called the installer he said I cannot do anything as the the gate got jammed in the fence and refused to fix the issues even through it was completely his fault. Since then He is being giving us a run around and firstly told us to get the fencing fixed and then asked us to get the sliding gate motor checked/replaced from the company and now completely refused to fix the sliding gate, so I am just looking in suggestions if their is anything I could do legally as all this happened due to the installer fault. I have tried to work out away with them without the involvement of any legal proceedings but he said he doesn't care.
We are based in QLD. if someone could provide any suggestions it will be greatly appreciated.
Installer Not Fixing The Sliding Gate Issue
Last edited 27/01/2023 - 19:27
Comments
Thanks , any links how to lodge an application with them and under what category?
Thanks is their any free legal help available , or do we have to hire a solicitor ?
Lol
What funny champ
@Sunnyoz: Take your phone with you to court and let the magistrate know you are represented by the Ozbargain forums. Post questions throughout the hearing as necessary.
Thanks mate really appreciate your help
Why did you make the final payment when he installed on the fence vs concrete? By doing so, you've lost a lot of leverage.
He assured me that the aluminium sliding track would be solid and would not be moving and will be grounded, also sent me some pics of his previous jobs to make me believe it.. also I was not a professional so I went by their words
He had no reason to assure you of anything if he's already been paid in full. He assurances weren't about the job it was about getting your money.
You could just pay someone else to fix it and be done with it. How much of your time and mental energy is chasing him up in court really going to cost you when all this is done?
Just pay that someone else after they have fixed it.
leave a scathing review on google.
Apparently, negative Google reviews can be easily removed at the request of the Vendor.
Typical tradie matter, and also story needs more paragraphs
What paragraph do you want to hear , can always inbox me for more info champ
Champ. You posted a wall of text, learn how to break up story or add a TLDR and go from there..
You can refrain from commenting ..if you don’t get the context ..why bothering commenting and move on no body wants your expertise ..
@Sunnyoz: I don’t need context champ. I need a quick overview of what happened so I can comment on tradie issues.
Punctuation will fix the problem.
Definitely need to fix the punctuation. In a dispute you won't get anywhere on your own until that's fixed.
Ok, here how it works in NSW, similar will apply in QLD me thinks….
- Lodge complaint with QCAT ensure you have records all your timelines of communications, calls, etc, paperwork in order.
- Both parties attend dispute
- If other party fails attend, QCAT can rule in your favour.
- If you win, QCAT can make order for works to be made good.
- If the installer doesn’t comply, go back to QCAT, who will instate a money order.
- If installer doesn’t pay up. Goes to local court for recovery (in your favour)
- Goes to sheriffs (Writ)
8.Sheriffs will go door knocking. Pay up, or they’ll repo possessions (gives them X Weeks). Fails to comply, Sherrifs will take possessions , goes to auction, hopefully sale will recover, not just your costs, but expenses involved in the auction,( truck to collect goods, auctioneers, etc). Another option is for the court to enforce a garnishee order on his bank accounts.
As Mentioned, try Fair Trading first, before going to tribunal. Hopefully some remediation will occur without having to goto tribunal.
NB: my experience, even if you win in principal, extracting and payment from the douchebag is not guaranteed. Good luck.
Thanks mate your help is greatly appreciated
When you win at QCAT/Fair Trading, give the business a 1 star Google review including uploading the tribunal determination. It will cost the business hundreds of thousand$ in future lost work, so that it motivates him to fix the problem & potentially give you even more compensation than what it cost you (eg: a new fence also, etc??). Just hope it doesn’t bankrupt him
Thanks mate good suggestion
How long was it between him finishing the work and the gate stuffing up?
About 7 months initially he gave 2 years warranty on the parts and lifetime warranty on workmanship on the invoice
PROTIP: Please learn to write proper sentences with paragraphs, and punctuation. Example: https://www.ozbargain.com.au/node/753616
It might help with your court case against the tradie.Also, why not post photos of the issue with your gate?
You are a consumer. The installer is required to provide you with product and/or service that is fit for purpose. That is called the Consumer Guarantee (in Australian law).
Take it to QCAT under sub-section 12(4)(b) of the QCAT Act - http://www6.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/cons…
"for a claim arising out of a contract between a consumer and a trader"
But watch out that the Adjudicator knows what he or she is doing, and doesn't fob you off, see https://QCAT.ReviewAtleast now you know never to install things or lean structures onto a fence.
It's always a tough decision when you catch them in the act of doing something wrong especially if some money has been paid already. Your gut is telling you they doing the wrong thing and they are bs trying to assure you they doing the right thing.
Its a civil matter, you have to take them to the Queensland Civil and Administrative Tribunal. Legal action is your only recourse.