QLD Returning Builder's equipment

[CuriousDave]

Hi

I am currently in dispute with my old house builder who walked off the job a few years ago. He left behind building equipment and over the last 6 months he won't come and get it when I ask him to. I have emailed about three times now and instead of responding with an answer he replies about other things but not about this request specifically.

I have since gotten new builders to take over and I have to get rid of this guys stuff. The advice from my lawyer was to pack it all up and deliver it to him.

So I emailed and told him I was coming and that he could come and get his stuff or I will deliver on a set date. He just locked me out of the property and told me to go away which I had to do. I can't leave it on his footpath or in front of the property and I can't go into the property when they say to leave. He is just trying to cause a hindrance so that the completion of the build is delayed.

My lawyer now says I should sell the property and give him the money so this is my question......

There is no agreement or documentation with this builder about his equipment (currently in litigation), so if I just sell the equipment will I be charged with anything because legally I am still the bailee? Or do I have to go to more expense and get a court order to sell this stuff to clear the building site.

If I go to court I know he will try and fight me because he seems to have more money than sense considering that he leaves his tools and equipment lying around and he doesn't want to collect them.

I can't afford to store it anywhere and enough is enough. I can't be his storage yard.

Thanks

 

[Rob Legat - SBPL]

This is problematic area as it's not directly covered by any particular piece of legislation.

You might want to try starting a minor civil dispute with QCAT (www.qcat.qld.gov.au). They can decide general disputes between traders and consumers, and one of the things they can consider is the return of goods. I'm sure this situation is not what they meant, but you may be able to get away with an order that the builder take possession of his equipment.

 

[Rod]

Ask your lawyer about the abandoned property laws in QLD. It may be possibly to give proper notice by registered letter and then sell the items if not collected by the due date. I believe some formalities need to be complied with (eg minimum notice period, auction depending on value etc) but they will not be onerous.

 

[Clancy]

Cant you simply drop the tools off at a police station? They have a whole system set up for dealing with lost property.... its not technically 'lost' but you have property in your possession that does not belong to you, so, take it to the police.