My builder's walked out without notice

[Honest John]

http://www.buildingcommission.com.au/www/html/1941-what-is-bacv.asp?intSiteID=1

VCAT will send you here first, then a year later, if you're lucky, you'll join the queue for the tribunal. It's just a mechanism to wear you down.

 

[Wise1InOz]

Little bit off topic, but how did he get access if you hadn't approved him commencing?

He asked for the key to enable him to measure and quote. He said he started early at 7 am so if could leave the key for him. When we went at around 10 am to take back the key he had already started demolishing. In any case I sent him the two other quotes I received for demolishing before he commenced work.

 

[Melbournian]

http://www.buildingcommission.com.au/www/html/1941-what-is-bacv.asp?intSiteID=1

VCAT will send you here first, then a year later, if you're lucky, you'll join the queue for the tribunal. It's just a mechanism to wear you down.

if it is debt owned - they will just get straight to it. out of the 20+ VCAT cases, not once been referred to building commission.

but yeah it would be more favourable to the owner being if he chooses to withheld payment, the trade is the one at loss if it is going to be dragged on for a year

 

[Melbournian]

He asked for the key to enable him to measure and quote. He said he started early at 7 am so if could leave the key for him. When we went at around 10 am to take back the key he had already started demolishing. In any case I sent him the two other quotes I received for demolishing before he commenced work.

not sure abt you, this is what i will do - make a police report detailing unauthorized damage to the property.

wanted to scope and get a quote and did not have an intention as of yet to go ahead with the works subject to financial or budgetary considerations.

i had a case whereby a trade and 2 mates wanted cash instead of a bank transfer and then threatened to hit me with a tool and demanded to finish something that i did not request. The result ended in police escorting them out of the building and certain criminal litigation taken against them

 

[Wise1InOz]

By the way, my very first email to him reads as follows:

"I have drawn up a list of renovation/repairs I wish to undertake. Could you please provide me with a quote so that we can accordingly decide on our options, prioritise and/or drop some of the items altogether if it is beyond our budget."

The rest is history. He never provided the quote despite asking him several times.

 

[mattnz]

Sounds like he was never actually your builder then. He was the nutter that started demolishing your property without your permission.

 

[kathryn d]

Maybe this is how this builder operates.
He gains access, and starts demolishing, before a contract is provided, hoping you will continue with him.

If he has walked away, take lots of pictures now.
He probably won't even try to collect anything, if you keep refusing.

If anything, send him a bill for damaging your property. You had "changed your mind" and decided to keep the tiles.

Now of course, you will need to repair the damage (and continue with reno with a new builder)

 

[Macca]

I agree with all the others, I would be taking lots of photos and getting a few witnesses to have a look.

If he asks for money, I would be asking for money right back as you now have to repair the damage that he has done without being authorised.

I do think I would be going to Consumer Affairs now and "getting something on record first", then should he come back you will be able to say that you have already been to Consumer Affairs and they said .................

That way he knows that you will take it further and lodge complaints with govt depts, many people threaten to do it but usually don't and rogues know this

 

[Melbournian]

agreed - i would asking him to pay for it since now you're forced to go ahead with the reno regardless. get it reported to the police and consumer affairs so yes it is on record.

would also be doing a search on his abn, builder reg number and details.

 

[Wise1InOz]

Thanks so much everyone for all your advise. I have taken plenty of photos and will actually be speaking to consumer affairs.

 

[Macca]

Thanks so much everyone for all your advise. I have taken plenty of photos and will actually be speaking to consumer affairs.

May I suggest you make a record of what is said by Consumer Affairs, record the name of the person you speak to, the time and date. Should it come to mediation or court it always sounds much better to say "on 6/2 I spoke to Mary Smith at CA and she advised ................" as per my written record.

 

[Wise1InOz]

Thanks for that, will do.

 

[Collector]

He asked for the key to enable him to measure and quote. He said he started early at 7 am so if could leave the key for him. When we went at around 10 am to take back the key he had already started demolishing. In any case I sent him the two other quotes I received for demolishing before he commenced work.

Quotes don't take 3 hours

He gained entry at 7am - you went there at 10am to take the key back? - take back not pick up?

something missing here

 

[Melbournian]

i think the key element here is whether you gave consent and if you could prove it. as the initial posts and comments you put it - he walked out half way through the job which already indicates you gave consent to do the job

just a thought for you if it goes further.

 

[Wise1InOz]

I have no dispute with that - the fact is he did the demolition and I did not stop him. So there was consent subject to him matching the quotes I received and provided to him in writing before he commenced work.

Considering he went ahead with the work without providing his quote meant he agreed to match my other quote? Otherwise I wouldn't have use him for removing tiles? I also decided not to use his subbies only after he provided their quotes.

hth thanks

 

[Aaron_C]

Sounds like he's trying to shaft you. Be very, very careful with builders.

 

[arms]

Sounds like he's trying to shaft you. Be very, very careful with builders.

That my friend is a very broard brush you are using to encompass all builders in the same catagory

 

[Aaron_C]

That my friend is a very broard brush you are using to encompass all builders in the same catagory

Nope. People say the same thing about mortgage brokers too. The simple fact is that building is a lot of money these days and if you're not careful you can get ripped off very easily. Let's not get offended over little things like this shall we?

 

[Melbournian]

i feel it is what it is. there are many more bad builders/trades than are good builders/trades nowadays.

obviously when building work gets tight - everybody is trying to squeeze a dollar here and there.

if they're good - they would be plenty of good recommendations.

just to illustrate - here is a couple of pictures of a trade who demanded full payment for a job assumingly completed.

what would a reasonable person be expected to believe?

made sure i documented everything and emailed it to myself on the same day so no one can claim the photos were fabricated.

 

[Deltaberry]

That my friend is a very broard brush you are using to encompass all builders in the same catagory

Well as a rule in life you should always be careful.

Reminds me of a saying. 用人不疑,疑人不用. Don't doubt the people you use, don't use the people you doubt.

Even doctors. Watch out for the one that cuts your wrong organ off.