I have had an adjudication taken out against me by a contractor that did third party work for a client that refused to pay him.
I had used him on this clients place to do some contract work for the client, which i also haven’t been paid for, and this work was finished and paid for three months previously.
I had left the job as I was finished my contract and this painter did further work for the client without my knowledge or involvement.
As the client refused to pay, his invoice was for $33,500 for painting the inside of a house that had already been painted 18 months before and no one had lived in the house. There were no floor coverings or furniture and it was a straight forward job. I had already paid him $20.500 for work that was also inside the house. There was about three to four days outside only to paint some damaged and repaired render.
He lied on the adjudication application, sayin g that i had a verbal contract with him, which was a complete lie.
Initially i had him do work on a strictly do and charge basis.
The adjudicator found in his favour and i had no recourse to complain.
The owner, who still owes me and the electrician money, refuses to pay him and blames me for introducing the painter to him, and said that i was working with the painter to rip him off.
He is one of those guys that threatens to sue everyone to get things for free.
I went to three different lawyers and tried to get the client to at least pay the painter, but he just threatened to sue me for over $150.000.
I then noticed that the painter had made out the adjudication application to P**** W***** Pty Ltd, with the ACN of my company Top Gun Installations Pty Ltd.
Sohe had taken it out to an entity that doesn’t exist.
I told him this and asked him to cancel the adjudication and sue the client, who owes him the money.
Both him and the client wont even talk to each other, so, as i was a friend to both, tried to mediate between them.
That was a big mistake, they both stabbed me in the back.
So then this painter took me to NCAT who found that the Adjudicator hadn’t determined that there was any contract between us and also that the client was instructing the painter because I hadn’t spoken to the painter for any time over the three month period.
Just before Christmas, the painter took the Adjudication order, which he knows is invalid and obtained through fraud, to the local court in Parramatta and got a Garnishee order to take $18,004 out of my bank account.
i only found out the following week when i went to my bank account to pay for some materials.
i called the bank, but they wouldn’t tell me anything, and it took me nearly a week to find out what happened, though i suspected exactly what happened because of the amount.
Every affidavit this painter and his wife has signed is a lie and now i have applied to the Parramatta local court to have the judgement set aside and the Garnishee order set aside as well.
This is on the 15/1/21.
I actually got an email a new an SMS from the painter, asking me if i could postpone the court case until 28/2/21, because his wife will still be in quarantine after going overseas for a medical procedure, which i think was an IVF treatment.
I guess you can guess my response.
What should i do at this hearing and what should i do after. I also want to sue this painter for fraud and for Malicious prosecution, as he has been on my case for three years.
He has still not contacted the client to either negotiate or sue.
He told me in the beginning that he was going to sue me, so that i would sue the client.
Both of these people, the client and the painter are real lowlifes.
I had used him on this clients place to do some contract work for the client, which i also haven’t been paid for, and this work was finished and paid for three months previously.
I had left the job as I was finished my contract and this painter did further work for the client without my knowledge or involvement.
As the client refused to pay, his invoice was for $33,500 for painting the inside of a house that had already been painted 18 months before and no one had lived in the house. There were no floor coverings or furniture and it was a straight forward job. I had already paid him $20.500 for work that was also inside the house. There was about three to four days outside only to paint some damaged and repaired render.
He lied on the adjudication application, sayin g that i had a verbal contract with him, which was a complete lie.
Initially i had him do work on a strictly do and charge basis.
The adjudicator found in his favour and i had no recourse to complain.
The owner, who still owes me and the electrician money, refuses to pay him and blames me for introducing the painter to him, and said that i was working with the painter to rip him off.
He is one of those guys that threatens to sue everyone to get things for free.
I went to three different lawyers and tried to get the client to at least pay the painter, but he just threatened to sue me for over $150.000.
I then noticed that the painter had made out the adjudication application to P**** W***** Pty Ltd, with the ACN of my company Top Gun Installations Pty Ltd.
Sohe had taken it out to an entity that doesn’t exist.
I told him this and asked him to cancel the adjudication and sue the client, who owes him the money.
Both him and the client wont even talk to each other, so, as i was a friend to both, tried to mediate between them.
That was a big mistake, they both stabbed me in the back.
So then this painter took me to NCAT who found that the Adjudicator hadn’t determined that there was any contract between us and also that the client was instructing the painter because I hadn’t spoken to the painter for any time over the three month period.
Just before Christmas, the painter took the Adjudication order, which he knows is invalid and obtained through fraud, to the local court in Parramatta and got a Garnishee order to take $18,004 out of my bank account.
i only found out the following week when i went to my bank account to pay for some materials.
i called the bank, but they wouldn’t tell me anything, and it took me nearly a week to find out what happened, though i suspected exactly what happened because of the amount.
Every affidavit this painter and his wife has signed is a lie and now i have applied to the Parramatta local court to have the judgement set aside and the Garnishee order set aside as well.
This is on the 15/1/21.
I actually got an email a new an SMS from the painter, asking me if i could postpone the court case until 28/2/21, because his wife will still be in quarantine after going overseas for a medical procedure, which i think was an IVF treatment.
I guess you can guess my response.
What should i do at this hearing and what should i do after. I also want to sue this painter for fraud and for Malicious prosecution, as he has been on my case for three years.
He has still not contacted the client to either negotiate or sue.
He told me in the beginning that he was going to sue me, so that i would sue the client.
Both of these people, the client and the painter are real lowlifes.
