Today attended 3rd appearance at a QCAT matter to recover a debt owed since August last year.
We were engaged to complete a job after a lengthy selection process. All inclusive, hard quote (Very rare I do these, I usually 'scedule of rates + margin').
Job was a floor lining in wash/detailing bays in a car hire company. Pretty straight forward, I only attended the job briefly to drop some materials off etc, had full confidence of my staff looking after the job.
Job completed on time, walked around complete job with client etc with confirmation of payment date.
After 90+ days overdue, applied to QCAT. Went through mediation etc. Client complaint was peeling in 3x areas (<1m2 peeling/burned over 120m2) , wanted complete floor respray. My arguement was subsequent trades cutting penetrations into floor, cutting piping out of walls and removing electrical conduit after job sprayed was the cause and no responsibility of mine as the modifications were the cause of the floor lining lifting. Didnt need full respray, needed a $300 fix which I was happy to do, to get my $23k. (I did alright out of the job)
Had the matter heard first time, the usual, need witnesses etc
2nd hearing we heard from defendant and witness that 80% of the floor was fully peeled up. I thought 'geez, this is not good'. We were ordered to make the floor operational by repair or replacement. No problem, except defendant would not grant us access to premises to make assessment and measure for the repairs. Alarm bells ringing here.
QCAT granted a mention to allow access for us to attend his premises (much to his disapproval). Went there with further witnesses and found that the only defects were due to the modifications not in my control as noted. Took many photos etc and found none of the floor was lifted, just the areas he showed in court.
Had the matter heard, witnesses, drawings, diagrams, photos, video etc today, all vital evidence after the defendant had schooled a witness to lie, and then lied himself. Caught out!
End result heard today - Full amount awarded + costs + interest from invoice date last year
Also has to live with the floor the way it is, no warranty etc. So all it really cost me was my time.
So my QCAT count is 1-nil! Been through the process now and know what to expect. Also has sparked us to further cover our butts regarding job steps/completion/payment etc.
pinkboy.....think Ill have a celebration cup of Dilmah!
We were engaged to complete a job after a lengthy selection process. All inclusive, hard quote (Very rare I do these, I usually 'scedule of rates + margin').
Job was a floor lining in wash/detailing bays in a car hire company. Pretty straight forward, I only attended the job briefly to drop some materials off etc, had full confidence of my staff looking after the job.
Job completed on time, walked around complete job with client etc with confirmation of payment date.
After 90+ days overdue, applied to QCAT. Went through mediation etc. Client complaint was peeling in 3x areas (<1m2 peeling/burned over 120m2) , wanted complete floor respray. My arguement was subsequent trades cutting penetrations into floor, cutting piping out of walls and removing electrical conduit after job sprayed was the cause and no responsibility of mine as the modifications were the cause of the floor lining lifting. Didnt need full respray, needed a $300 fix which I was happy to do, to get my $23k. (I did alright out of the job)
Had the matter heard first time, the usual, need witnesses etc
2nd hearing we heard from defendant and witness that 80% of the floor was fully peeled up. I thought 'geez, this is not good'. We were ordered to make the floor operational by repair or replacement. No problem, except defendant would not grant us access to premises to make assessment and measure for the repairs. Alarm bells ringing here.
QCAT granted a mention to allow access for us to attend his premises (much to his disapproval). Went there with further witnesses and found that the only defects were due to the modifications not in my control as noted. Took many photos etc and found none of the floor was lifted, just the areas he showed in court.
Had the matter heard, witnesses, drawings, diagrams, photos, video etc today, all vital evidence after the defendant had schooled a witness to lie, and then lied himself. Caught out!
End result heard today - Full amount awarded + costs + interest from invoice date last year
Also has to live with the floor the way it is, no warranty etc. So all it really cost me was my time.So my QCAT count is 1-nil! Been through the process now and know what to expect. Also has sparked us to further cover our butts regarding job steps/completion/payment etc.
pinkboy.....think Ill have a celebration cup of Dilmah!
