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QLD Substandard Contractor Workmanship - Breach of Contract?

Discussion in 'Australian Consumer Law Forum' started by Kimmi, 7 January 2015.

  1. Kimmi

    Kimmi Member

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    We we have employed a contractor to install our floating laminate floors on our newly built home. He damaged my property, provided substandard workmanship ( breach of contract) and left our home dusty and dirty, once again breaking what was stipulated in our contract.

    He expects to be paid in full before addressing a defective installation. We have already paid him a deposit of $1000. He has offered a $1500 reduction in he total price, but has rescinded on his offer. There has been verbal abuse on his part. We have submitted a complaint to the Office of Fair Trading QLD. He has demanded access on his terms and convenience. We have offered access to our home to fix his defective work, provided he take responsibility for further damage to any of our belongings. He now has passed this on to the legal team at Master Builders.

    Please help us with some advice under Australian Consumer Law. Thanks in advance.
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Kimmi,

    To the extent that the contractor caused property damage or provided defective work, he is likely in breach of the contract as most contracts for service contain implied terms that reasonable care will be taken and the services will be carried out with the appropriate level of care, skill and expertise. Verbal abuse probably isn't something worth pursuing a remedy for.

    It sounds like you have already tried to negotiate repairs to the defective work. Don't pay until he fixes it. There is no entitlement at law (that I know of) for him to demand that he be paid before he fixes it. That will ensure it gets done sooner. Just make sure that you can provide him with access to do it asap. If you want to escalate things, I would send him a demand that the work be done by way of a formal letter. This also serves as evidence later on if you have to prove what transpired.

    The Qld Building and Construction Commission also assist with complaints made against builders for damage done to property and defective building work. There website is here.

    http://www.qbcc.qld.gov.au/home-bui...ints/complaints-about-defective-building-work
     
    DennisD and Kimmi like this.
  3. Kimmi

    Kimmi Member

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    Thank you Sophea, unfortunately QBCC said that they can 'to help because of the fact that floating floors have been installed and you do not need to be a certified installer to to this type of work. Fair trading will only be able to assist in 10 days. The contractor is now demanding payment. We have allowed him access to complete the job and attend to defective work as well as repair damages. He insists on being paid first.
     

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