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VIC Paying a Builder for Incomplete Work?

Discussion in 'Australian Consumer Law Forum' started by Squidhed, 14 June 2018.

  1. Squidhed

    Squidhed Member

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    Hi,

    I'm new here and hoping I can get some sound help.

    We commissioned a builder to put in a new kitchen. The builder's terms were 50% upfront and 50% on completion. The installer came out and installed what parts they had manufactured but they were a couple bits short on the arranged day.

    As it stands we have a new kitchen minus a pantry door and a panel that covers a void in the overhead cupboards. We initially offered to have them come back again that week to finish it but that was not possible. The installer at the time said that we would be able to make arrangements with someone from the office to come out on a Saturday to finish this but he would not as he does not work Saturdays. This was fine and my wife let the installer on the day go.

    We have not been able to come to agreement with the builder on when the work would proceed. Communications have collapsed and it has gone to collections. Currently we are not able to get to the site during the week that they have installed the kitchen in as it is 300km from where we live and they have refused to finish off the install on a Saturday which would allow us to travel up the night before after work.

    This would not be an issue if the work was completed on the agreed day. We do not want to take leave (which we don't have much of due to other reasons, not being we have been on a long holiday. Have not been on a holiday in five years) to drive an 8-hour round trip mid-week plus time while they finish the work (Est. less than an hour).

    Financially the payment is sitting in the bank to release, no issues there. But should we release it? What guarantee do we have that the work would be eventually completed?

    Can the go to collections legally even though they have not fulfilled the terms of the original contract?

    Any help appreciated. Should we be getting a solicitor involved?


    Thanks in advance
     
  2. Clancy

    Clancy Well-Known Member

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    Well obviously they cannot collect when the job is not finished. I suppose you have to look at the contingencies in the contract?

    Tradesmen in general are so accustomed to not doing jobs according to the agreed timetable that i doubt they even gave it a second thought delaying your job. And then suddenly access is not so easy after that date.... OOOPS!

    Do you have a real estate agent that could let them in?

    Or you could agree with the builder to pass your key on to a security company and they can give them access, but at the builders expense?
     
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