Thousands lost, need help!!!!

Impala 67 asked if I took out my own home warranty insurance, which I have not and didn't realise you can. I have written to the BSA again and their passing my email into their manager. How do I terminate a contract if I can't get hood of the builder? I'll google this. Just checked out their bcipa history - they've have 7 claims against then for not paying a progress payment adding up to 56k.

Thanks for the help everyone
 
Try Romans and Romans Building and Construction Lawyers in Greenslopes. Specialists but significantly cheaper than the CBD guys
 
Unless your state rules are different Builders insurance is mandatory. Go through your paperwork/contract again.
Just looked over my last one and it covered insolvency, death, or disappearance of builder and loss/damage (with limitations) due to inability to rectify works due to the above.
However there are time limitations on some of the above in the policy so you need to find yours fast and see what it says.

I would still like to know who signed off on slab down payment as I feel they should have picked up missing retaining walls and a 1.6m difference.
 
Have you made final payments? Lodged complaint with MBA etc?

Vincent

No questions. No answers. That's the business we're in. You just accept it and move on. Maybe that's lesson number three.
Everyone is your brother, until the rent is due.

Sam: Whenever there is any doubt, there is no doubt. That's the first thing they teach you.
Vincent: Who taught you?
Sam: I don't remember. That's the second thing they teach you.
 
By MBA do you mean master builders association? I worked out his insurance is threw HIA, they could not give me personnel details and won't have anything to do with the situation unless the builder lodges it. I can't believe the BSA are trying to ignore me. I called people that he owes money to and they reckon he's as dodgy as they get. I will try rent the property out for a cheaper market price, wait for his business to crash or chase me for last payment where I'll meet him in court if he does. Called certified and he got someone from Townsville to sign off on the property.
 
By MBA do you mean master builders association? I worked out his insurance is threw HIA, they could not give me personnel details and won't have anything to do with the situation unless the builder lodges it. I can't believe the BSA are trying to ignore me. I called people that he owes money to and they reckon he's as dodgy as they get. I will try rent the property out for a cheaper market price, wait for his business to crash or chase me for last payment where I'll meet him in court if he does. Called certified and he got someone from Townsville to sign off on the property.

Such a bad situation. :( Have you looked up the company name on ASIC and has there been any legal advice on legal proceedings with a view to winding up his business? Also if you bankrupt him it may affect him opening up under a different name. E.g. if he's a Director etc, not sure exactly, some of professionals in the field would know these laws better. In any event, it's going to cost you a bit before anything positive happens.

Also, did you register complaints about both the investment company and the builder with Consumer Affairs. They offer some advice and help, and at least they can record the complaint also. Good luck anyway.
 
By MBA do you mean master builders association? I worked out his insurance is threw HIA, they could not give me personnel details and won't have anything to do with the situation unless the builder lodges it. I can't believe the BSA are trying to ignore me. I called people that he owes money to and they reckon he's as dodgy as they get. I will try rent the property out for a cheaper market price, wait for his business to crash or chase me for last payment where I'll meet him in court if he does. Called certified and he got someone from Townsville to sign off on the property.

How long ago did you enter into the contract? HIA disappeared several years ago when they were the biggest how insurer in Oz but then I realized you may have meant home industry association hia. 1800 633 467

the website shows the risks that you are covered for and the amount.
 
Hia won't do anything unless he lodges the claim himself, I am proceeding with trying to get the contract terminated, there is a clause in my contract where if he breaches it I can terminate, and having his license suspended is a breach. Had a letter sent by my lawyer today. What's the bet it isn't that easy. Cheers everyone, he has 10 days to respond and if not I should know something. I'll keep posting until resolved and would appreciate more feed back in the future.

Cheers
 
Actually, according to Construction Law, if the BUilder hasn't completed their work or not done properly, the final payment for that item should be withheld from the Builder until it is done or rectified.

Imagine if this is your roof incomplete, you wouldn't pay the builder because simply the darn house ain't completed.

I think the Developer/Builder is thinking the other way. They are thinking it is a "defect", and they would come rectify it. But disregardless, this is a major incompletion (not a defect).
 
Also, did you register complaints about both the investment company and the builder with Consumer Affairs. They offer some advice and help, and at least they can record the complaint also. Good luck anyway.[/QUOTE]

I will look in to this for sure.

I have known about the termination clause but haven't had anything to use on him to terminate till now with his license being suspended.
Once this is done I will put my complaint form in for he third time to the BSA who ruled it a cater gory 1 defect, where the manager there has told me they will re-open the case and 'may' rectify the problem he reckons. Load of ****, I know they will try get away with it. All I won't is what is fair, I have not been greedy. I actually contacted accrue not affair about the situation and they were very interested to take on the case but I said I'd like to hold off case it affects the legal side of getting it sorted.

Thanks again guys!
 
If the legal paths don't work out, go to a Current Affair?

I am sure they are always looking for some dodgy person to profile.

If you get the original investment company involved as well (not mentioned much above), it might spark some action.

I have a friend that deals in more "red tape" issues with government, but he might be worth a chat. PM me if you want the details.
 
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