Thousands lost, need help!!!!

[Doddzie]

Hey all,

I Went threw a property investor who sourced land and builder for a 4 bed 2 bth 2 car house. Builder didn't build to plan, not cutting the land enough by 1.6 metres. In result the driveway is so steep you cannot get up it in a sedan, it cannot be fixed unless garage slab is cut out and dropped due to distance between slab and footpath. Everything has been certified (thoe the grade is not legal it some how was Passed) and I didn't make the completion payment due to the house not been completed properly. Since contract is not complete (paid) or terminated the BSA say they won't do anything to rectify the problem. I have tried contacting the builder and had a letter from my lawyer sent letting him know what he breached and how we need to fix it (he can fix it or pay the amount I was quoted to fix). He never replied and my house has been sitting now not rented for over a year. I've spent thousands on interest repayments and lawyer fees. If I take him to court my lawyer says he most likely owns a $2 company and will fold and just open another costing me more pointless dollars. I can't find who his builders insurance was threw, can I approach them if I do and possibly get a result?
I'm out of ideas and money! Please help if you have any ideas.

 

[Ausprop]

how much will it cost to fix the garage slab?

 

[Doddzie]

Approx 120,000.

That's demolition of slab, walls and roof.
Diverting electrical and sewer , dropping and pinning slab, moving/ re-using trusses, waterproofing ect.

 

[spludgey]

I don't really have much experience here, so what I'm saying may well be wrong. But I would have have thought that the builder's public indemnity insurance should cover things like this. And I also thought that it was mandatory to have this insurance.

 

[alexlee]

I didn't make the completion payment due to the house not been completed properly. Since contract is not complete (paid) or terminated the BSA say they won't do anything to rectify the problem.

How much was the completion payment?

 

[Terry_w]

I think you should go an see another lawyer for a second opinion.

 

[RPI]

I think you should go an see another lawyer for a second opinion.

Ditto

There is a $120k at stake and your lawyer thinks he has a $2 company. It is not exactly hard to find out what he has.

 

[Terry_w]

I was thinking more along the lines of making a claim against the insurer, but that is a good point RPI. Best not to assume.

 

[TMNT]

ouchy!
feel sorry for you,

I hate it when its teh wronged party that has to do all the chasing,

I wish it were the case, where the builder would have to chase the building qualifcation, and cross their Ts and dot their Is or they will lose their licnese or not be legally allowed to receive final payment

 

[impala67]

You won't be able to lodge a claim on the builders policy whoever the insurer.
Unless you coerce them to lodge the claim themselves.

Did you take our your own Home Warranty Insurance? - this would cover you.

What sort of lawyer did you go to? - was it your family one? Consider seeking a second opinion from a specialist lawyer in this field.

$120K - good luck with it.

 

[cu@thetop]

Hey all,

I Went threw a property investor who sourced land and builder for a 4 bed 2 bth 2 car house. Builder didn't build to plan, not cutting the land enough by 1.6 metres. In result the driveway is so steep you cannot get up it in a sedan, it cannot be fixed unless garage slab is cut out and dropped due to distance between slab and footpath. Everything has been certified (thoe the grade is not legal it some how was Passed) and I didn't make the completion payment due to the house not been completed properly. Since contract is not complete (paid) or terminated the BSA say they won't do anything to rectify the problem. I have tried contacting the builder and had a letter from my lawyer sent letting him know what he breached and how we need to fix it (he can fix it or pay the amount I was quoted to fix). He never replied and my house has been sitting now not rented for over a year. I've spent thousands on interest repayments and lawyer fees. If I take him to court my lawyer says he most likely owns a $2 company and will fold and just open another costing me more pointless dollars. I can't find who his builders insurance was threw, can I approach them if I do and possibly get a result?
I'm out of ideas and money! Please help if you have any ideas.

If a registered builder he will have given a person guarantee to the BSA for the company.

New lawyer time methinks.

 

[D.T.]

Unless it wasnt a registered builder?

 

[Scott No Mates]

Sorry to hear about the situation.

a) See a specialist construction lawyer not your local generalist.
b) The building contract will show who the licensee of the building company is, it is not that hard to find. Even if you go onto the fair trading website, it will give you all of the details
c) which state is the property will affect what laws you come under
d) why has it taken a year to act?

 

[Doovalacky]

Who signed off on the slab down payment? 1.6m is a huge amount and should have been quite noticeable.
There must have been some sort of retaining wall going in as well on back and sides?

Or is it the case the builder has actually built to the plan and you did not understand the height indications?

 

[Cargs]

Hey all,

I Went threw a property investor who sourced land and builder for a 4 bed 2 bth 2 car house.

Could you please share whom the 'property investor' and builder was?

 

[pinkboy]

So both your properties were purchased through investment companies?

Are they the same company? Did you use their solicitor/financier?

pinkboy

 

[Doddzie]

38,000 is the completion payment

 

[Doddzie]

I didn't take insurance out thinking that if a contract was broken then I'd be able to take them to court. I new none of this before hand and I've learnt so much the last year but the hard way. The lawyer reckons if I take him to court he will just shut his company down and transfer his work to his other one. How do I find out what assets his company has? If I were to take him to court could he just transfer them out? I had my lawyer write to him saying what I need to be compensated for and he had two weeks to respond which he never replied. When a builder screws up and possibly is going to be sued they are meant to contact their insurer I hear to inform them and give warning, which he obviously didn't. Since he didn't replied the lawyer said I could change the locks and take over the house which I have, but I'm still left with the driveway problem. Maybe I could contact his insurer and let them know? His builders license has been suspended since January so I'm assuming some one else has been screwed over also. The land is 1.6 mtrs out and he didn't install the second retaining wall. I had it inspected by the BSA twice who reported the measurements and classed it a category 1 defect, but will not rectify the problem unless contract is terminated or completion payment is made. And if I make the completion payment there is no guarantee they'll fix it, with what I hear about the way they operate they may try palm it off. I can't terminate it because I can't contact him to work it out. I think he didn't cut the land to save around 30 g in excavations. I've been to two layers , printed every email, I honestly can't explain what I have done during the last year and how it unfolded ect. This is the only property I purchased threw them, they tried to get me to buy one in Gladstone before the other was built which is so lucky I find or I'd be screwed after seeing the oversupply of propertied in these two areas.
Appreciate the feed back and look forward to hearing more.

 

[Doddzie]

The property investor won't pick my calls up or help with the situation. Thoe they sourced the builder and are friends with him, once the problem arrived they said it was between me and the builder. Property for wealth is the investor I used.

 

[Scott No Mates]

You have two options:
a) terminate the contract and force the issue with fair trading;
b) pay the builder the balance and get them to rectify the works; or
c) click your heels and wish that the problem goes away

a) you said that fair trading won't touch it unless the builder has been terminated.
b) not possible as his license is suspended & would be carrying out unlicensed work if he came back

You mentioned that you had the opportunity to take out insurance. ..what insurance covers you in this instance? (home warranty insurance is mandatory, paid for by you and taken out by the builder).