by ilic  15/06/2005  1437 Page Views
2 Comments  Commercial law, litigation, contracts, IP, property law

Hi, any assitance anyone has to offer would be appreciated, so here's my story...

I have paid a fence builder a deposit of $2400 (60%) to build and install a fence for my property.  The deposit was paid in early April and the invoice/receipt I have states that the fence is to be installed within 3 - 4 weeks with the remainder of the money due then.

It has currently been over 2 months and the fence builder has not contacted me for over 2 weeks.  I have left messages and tried to call him every day or two.  The last time we spoke was 2 weeks ago when he said he will install it "in a few days".

I have spoken to Consumer Affairs and have since found out that the builder does not have a licence (he told me he did) and that he has given 2 assurances to the Office Of Consumer and Business affairs. 

The first assuranc states that he will not perform anywork without a licence.  The second assurance states that he will not advertise without a licence (he has broken both assurances as he advertised a week after the assurance was lodged).

So my questions are: What is the best course of action?  I will send him a letter saying he has 21 days to refund my money otherwise I will take him to the small claims court.  The problem I have with this is that even though i'm pretty confident the court will rule in my favour (they will right?!?), who is going to force the builder to return my money?  What if he claims he has no money?

Anything else I can do?