Joined: 05/July/2012
Location: Australia
Posts: 24
QuoteReplyTopic: Do I have a Case? Posted: 16/July/2012 at 08:38
• Company that carried out the work is not licenced NAME REMOVED as per the Home Building Act 1989
• The Home Building Act 1989 prohibits a company from advertising, quoting, contracting or arranging for any residential or spext work to be carried out without having a current contractor licence. The maximum penalty for a company contracting to do residential or spext work without a licence is $110,000 and the maximum penalty for partnerships is $22,000.
• Business card for NAME REMOVED has licence NUMBER REMOVED for a NAME REMOVED but name on business card is NAME REMOVED this I believe is a breach of licence conditions.
• Building Contract with NAME REMOVED does not include any builders licence number, only their ABN.
• Requested a proper inspection to be carried out once ceiling was dry as per manufacturer “Gyprock” however wasn’t carried by a licenced plasterer/gyprock. The licenced person is only a painter and decorator. (attached a copy of licence conditions for your perusal. ) As per Government Licencing Service DETAILS REMOVED that stated:
• In regards to the usual process of assessing wet plasterboard. As the initial assessor of roof leak damage, we usually see the plasterboard in its wet state. Assuming the leak is stopped around the time of initial inspection (which is what usually happens) the damage is easily predicted to remain similar to what is seen on site. In the rare event that damage gets worse and replacement is needed, the plasterer will review when on site and advise of the variation, continue with his work as required as to not inconvenience the insured
• It appears the joints are now showing screws / nails may have popped. I was assured in writing that a Plasterer would review the work at the time of repairs. I sent NAME REMOVED Insurance information from Gyprock (plasterboard manufacturer) that it must be inspected when dry by a licenced tradesperson. They chose to ignore that advice and left the responsibility of that to someone who wasn’t qualified in this area to make the repairs and assessment. My wife indicates that nothing was said to her by NAME REMOVED about the condition of the plaster/gyprock.
• Scope of works included. Patch wall join around window, however this wasn’t done by a licenced Dry Plasterer.
Scope of Works was:
LOUNGE (5.3 x 3.5m)
Patch/repair wall join.
Prepare and paint ceiling and cornice, 20m²
Prepare and paint one wall adjacent to window, approximately 8m²
VARIATION
Patch/repair ceiling plaster join and hole for drainage
You may have a case, but you are going about it the wrong way.
The time you look at the Builders registration is before you engage them to do the job. If the job is unsatisfactory you make a complaint to the Builders registration board. Sue the builder for the costs you incur having this job put right by a competent builder. You may be able to have your claim heard in the small claims court if that cost is below the limit, and you follow the small claims guidelines.
Using the small claims court will save you a lot in legal fees.
I have removed the identifying information from your post, we have no way of knowing if any of what you say is correct and the information you have posted could end up in a defamation action in the courts if the builder believes you have damaged his business. We have no desire to be dragged into that court case.
Please do not identify yourself. your family or anyone you have a complaint about on this forum
I am NOT a lawyer. Anything said is NOT legal advice.
Please post your legal questions in a forum rather than sending a PM. Thanks.
This was in relation to an insurance claim. I signed a building contract with XYZ Group and XYZ Group sent out this clown. I had no choice in the matter. So do I have a case YES/NO?
BTW the tradesperson's licence is public information , on the public record but this isn't the company I had a contract with. They sub-contracted the work out to a painter and decorator who isn't licenced to do and they need a special class of licence to do this. Dry Plastering
You had a house and there was some sort of damage, and your insurance company sent a builder to fix the problem, and his work was unsatisfactory, is that what you are saying?
If so you advise the insurance company that the work is unsatisfactory and let them take it up with the builder.
Going on about qualifications and licenses, is confusing the issue, and taking your problem off at a tangent. The whole aim should be to get your place fixed to your satisfaction.
Go back to the insurance company and complain, pointing out just what details are unsatisfactory, (photos are a good way to do that) then if they do not have the place fixed, make a complaint to the insurance industry ombudsman.
But first, what was the value of the claim? How much is it going to cost to put right the deficiency?
Edited by MartinO - 16/July/2012 at 15:54
I am NOT a lawyer. Anything said is NOT legal advice.
Please post your legal questions in a forum rather than sending a PM. Thanks.
If I have a building contract with a builder, shouldn't the contract include their building licence number, not just their ABN? Can you provide me any legislation to confirm this?
No, I'm not into going off on tangents, we've advised the best course of action to get a result, and we asked some questions which you have not answered. If you wish to pursue this action along the line you are proposing, perhaps you should engage a solicitor and pay for the work.
I am NOT a lawyer. Anything said is NOT legal advice.
Please post your legal questions in a forum rather than sending a PM. Thanks.
As Mr O has inferred, if this work is being carried out as a result of an insurance claim, then two points arise. First I assume the insurance company is paying, and will do so only after you agree that it is satisfactory. Second, as it is the insurance company that is going to be out of pocket and not you then you can't lodge a claim.
If you have settled with the insurance company for a fixed sum and then contracted the work yourself. Then follow Mr O's advice, don't pay, get the work fixed by someone your are happy with and send the builder, not the subbie, the bill and either defend their small claims action or take your own.
The other issue are, as stated, red herrings at this point.
First I assume the insurance company is paying, and will do so only after you agree that it is satisfactory.
But the building coy "Desktop Supervisor" told me that he would "sign-off" the job himself, without my written authority" The Insurance coy says they can do this.
Second, as it is the insurance company that is going to be out of pocket and not you then you can't lodge a claim.
Claim against whom and where? I have lodged a complaint with FOS.. there is also Fair Trading involved and they may have an independent assessor come and make a rectification order. Or if not, I may lodge a claim against the builder with the CTTT.
if you have settled with the insurance company for a fixed sum and then contracted the work yourself. The other issue are, as stated, red herrings at this point.
You still have not told us the value of the job or the cost of putting it right? Why is this? Sharing that information may help put your questions into context.
I am NOT a lawyer. Anything said is NOT legal advice.
Please post your legal questions in a forum rather than sending a PM. Thanks.
You still have not told us the value of the job or the cost of putting it right? Why is this? Sharing that information may help put your questions into context.
Value of job not disclosed on building contract. It's covered by insurance. Do building contracts normally disclose this if they are covered by insurance?
Cost of putting it right is still to be determined. I am having someone tomorrow inspect the work who is a qualified and licenced plasterer.
The NSW OFT has confirmed that the contractor (not the builder I signed an authority to pay with) should have a builders licence in their company name , which they don't, just in the individuals name. The fine according to the NSW OFT website is $110,000 for companies. Also the Authority to pay the name of the building company doesn't have a licence either, nor is one disclosed, just the ABN.
I should be receiving an email today from the NSW FT Office.
Your matter is becoming clearer, but, as Mr O has inferred, missing information makes responding accurately difficult.
Tell me if I see this matter correctly. Your house suffered damage and you claimed against your household insurance to have it repaired. Your insurance company gave you approval to engage a builder or contracted one directly to undertake the repairs and the builder subsequently sub-contracted the work to another party. Upon completion of the work and your inspection you where unhappy with the quality of the repairs and ask for defects to be rectified. The builder, rather than the sub contractor, has approved the work and has asked the insurance company for payment. The insurance company, the payer, is happy to go along with the builder. You are still dissatisfied with the work. So you have a dispute, with?, the Insurance company, the builder, the sub-contractor or all three.
If this summary sounds familiar go back several posts and you will see one from Mr O.
While you are on the receiving end of some poor repairs, your only avenue for redress, in the first instance, is with your insurance company. Your are their client and they have the arrangement with the builder and they are paying. You trying to chase the builder directly will lead no where unless the insurance company has given you full agency to act on their behalf, unlikely.
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