QLD Property Law - What to Do If Landscaper Removes Glass Fencing?

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Michael144

Active Member
16 October 2015
5
0
31
Hi,

First time here. I'm hoping someone may be able to give me some general information on what is probably a pretty simple question.

I am in dispute with a landscaper who has recently performed work on my property. I have refused to pay an amount of several hundred dollars to the landscaper on the grounds that certain work was defective. The landscaper and I are unable to agree on who should bear the cost of the defective work.


In correspondence I received a few days ago, the landscaper has suggested that he would be entitled to remove materials from my property if the amount remains outstanding. The disputed amount has only been overdue for a few weeks. He can only be referring to 2 large glass panels which are part of our new pool fencing. These expensive glass panels are extremely heavy and would require at least 2 men to lift and carry away.


I have no intention of intervening in the event that the landscapers attempt to remove anything from my property. I am reluctant to engage any legal advice as the amount in dispute seems so small and the responsibility for the defective work is not in question. I believe the case is straightforward and have indicated my preference for the dispute to be decided by an independent body such as the QBCC or QCAT.


If he attempts to enter my property and remove the glass fencing, is he required to produce some type of legal document first? Should I contact Police as they are attempting to remove the fencing, or record photographic evidence and contact Police afterwards?


I would be grateful for any help you can provide me. I also intend to contact my house and contents insurer to seek their advice.


Many Thanks.
 

Michael144

Active Member
16 October 2015
5
0
31
Hi again,

Another question related to my situation.

Is it legal for a landscaping company to charge 3% interest PER WEEK on an invoice which is 2 weeks overdue?

The amount involved is $750.

Many Thanks.
 

JS79

Well-Known Member
2 October 2015
306
36
714
Perth
It is usual for a company to charge interest on overdue invoices. Did they provide you with an original interest in which they state they would charge 3% interest if it was overdue?
Did you talk to them prior to them issuing their invoice to let them know it was going to be late?
 

Michael144

Active Member
16 October 2015
5
0
31
Good question JS79.

I've just checked my original agreement and the 3 invoices we have received.

The final line of our agreement stated that terms and a schedule of payments "will now be generated". We never received these terms.

The first 2 invoices made no mention of a due date, or of a penalty interest rate for late payment. They were both paid on the day they were received.

My question is not really whether we are liable for the interest.

I'm really asking whether tradesmen can legally charge usurious interest rates after 2 weeks.

Cheers
 

Rod

Lawyer
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27 May 2014
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Michael144

Active Member
16 October 2015
5
0
31
I didn't think so either Rod.

Care to elaborate? If I end up in QCAT with this matter, how will a 3% PER WEEK penalty interest rate be viewed by
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,749
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2,894
www.hutchinsonlegal.com.au
It is likely covered under ACL but I'm not an expert on the ACL. This kind of dispute you can take to your state tribunal.

Depending on how you want to resolve the dispute you may want to withdraw his right to enter your property.
 

Michael144

Active Member
16 October 2015
5
0
31
I just converted a 3% weekly interest rate, compounding, into an annual rate.

365% interest per annum!!!