QLD Retaining Wall - Tradesman Took Deposit but No Show?

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John Munro

Member
28 March 2019
3
1
1
Hello everyone,

Our retaining wall is falling apart and we found a licensed landscaper to have it replaced. He claims that it'd take 3 days and took a 50% deposit. He showed up on the first day to remove the old wall, but he didn't show up after that.

I called him many times and he said he'd come the next day. Now it's day 8 and it's still no show. Is this a matter I can take to the police and/or the builder's association (he's licenced but the online licensee search shows only his name and license number, but no "licence class")? Is there any hope that I could get some of my money back through small claims court? Can I seek other damages as well as it has taken me a lot of time chasing him.

On a side note, if the plaintiff can only recover direct costs, there are not many disincentives against repeated "offences". This doesn't seem right.

Many thanks.
 

Paul Cott

Well-Known Member
LawConnect (LawTap) Verified
26 May 2014
342
100
889
Ballarat, Victoria
Hi John, The police or the builder's authority wouldn't be too interested in the aspect of getting your money back but you could take it to VCAT (or the equivalent body in your state) and or a court for recovery of the deposit presuming he isn't going to return. You may need to get a solicitors letter to him to get him to act and do the right thing here. Good luck.
 

John Munro

Member
28 March 2019
3
1
1
Hi Paul,

Thank you for the reply. Can I write him a Letter of Demand myself? Is a solicitors letter mandatory for the process?

Thanks
 

Paul Cott

Well-Known Member
LawConnect (LawTap) Verified
26 May 2014
342
100
889
Ballarat, Victoria
You could write a letter of demand but you may not have experience or knowledge of exactly what to say, with all respect to you. Might be better to get a solicitor to draft it.