Subcontractor Ripping out Work!

[TasInvestor]

Hi guys, I have a mate who has had a building built by a registered builder, however the builder has not paid the subcontractor (apparently) and now the subbie wants to rip off the guttering and other items... my mate paid the full amount to builder as specified on the contract.

He told my friend that he had on the invoice that all items 'installed' remain the property of him until it is fully paid for.

So my question is does the Subbie have the right to come onto the property and start ripping out the work? Or if he does it can my mate have him charged?

 

[Macca]

Hi,

Contact government builders licensing body pronto !!

They will have encountered this before and will be able to advise you.

Otherwise, contact a solicitor/legal eagle.

 

[Pa1nter]

Many years ago I painted a house and the owner refused to pay anything.
On my contract also is that clause about paint still being mine until it was fully paid for.

We arrived on the site and after a discussion and any fix ups he required he still refused to pay,

I explained to him that this was not a problem for me and after we finished smoko we would be taking back the paint we applied,as per our contract.

I assured him we would not be damaging his house so he was not to worry.

I then handed out sanders to the boys and explained to them that they were only to take the paint off we had put on as he watched in awe.

We then sat down for smoko with sanders/grinders beside us.

Need less to say we had full payment within minutes

I believe as long as they don't damage your house they have a right,but I am probably wrong.
I would be talking pronto to the builder

 

[Terryw]

What State is the property in?

 

[TasInvestor]

Good one Pa1nter!, however this situation is a tad different.

Terryw property is in Tasmania.

 

[Terryw]

I think the sub contractor may only be able to take back nonfixed property:
http://www.austlii.edu.au/au/legis/tas/consol_act/bacisopa2009606/s14.html

 

[Pa1nter]

I think the sub contractor may only be able to take back nonfixed property:
http://www.austlii.edu.au/au/legis/tas/consol_act/bacisopa2009606/s14.html

You are good

 

[Terryw]

You are good

He is not that good

The subcontractor may actually have better title to the goods than the owner. He may have a clause in his contract with the builder that the items remain his property until fully paid for, so technically the items may still be the property of the subcontractor. On the other hand the items are now part of the building and control of the building has passed from the builder to the owner.

Its kind of like buying stolen goods - they are yours until the true owner shows up.

However, if he were to rip the items out he would need to enter the property and this would be trespassing. I would also get the police to charge him with theft as well and let him try to argue his way out of it later. He would also cause damage to the property and I would sue him for this as well.

 

[NBS]

The contractors contract is with the Builder not the owner. The contractor should go to his governing body ie QBSA for QLd and put his case forward. The contractor needs to do this ASAP.

If the contractor takes the gear back he will be in more trouble than the builder.

From this I assume the builder has handed over the keys to the owner and the owner now lives in the place and this is a bit down the track.

The owner should also be carefull the builder is not going bust as his warranty maybe an issue so he may also need to contact the local governing body and do some checking.

Brian