How to deal with this dodgy builder?

[monalisa]

Just spoke to fair trading... they said negotiate with this person about the services provided - but negotiate for what? We would hate to pay for painting which is not up to scratch for the price paid.

It takes 30 days for fair trading to review the application.

I am thinking of drafting an email for my aunty to send tonight, with relevant referecing to the legislation.... I don't think it is wise to wait for the shoddy painting job to be completed - and I would rather us speak now, than him saying "Why didn't you tell me before I spent more time." But is there a risk that he may change business names etc??? but 30 days won't be sufficient? Regardless, the work is all in writing.

He has not advertised this on his website either about the buidling licence - which is one of the requirements - being an advertising medium.

Additionally, he cannot perform the work given he does not have a licence to do so! Could be fine from a few $$ to a few thousand $$. Unncessary stress =S

 

[Melbournian]

try to give him a couple of calls and if he hangs up that's abt it.

at least you made an effort.

If you have any registered builder mates who are willing to write a report on the current condition of works do that.

next get a new contractor in.

 

[monalisa]

try to give him a couple of calls and if he hangs up that's abt it.

at least you made an effort.

If you have any registered builder mates who are willing to write a report on the current condition of works do that.

next get a new contractor in.

Thanks

Wouldn't having it in writing have a better impact?

Don't know any builders if had builder friends, would've asked them

Will ask aunty to see if we get the locks changed tonight.

 

[Melbournian]

Thanks

Wouldn't having it in writing have a better impact?

Don't know any builders if had builder friends, would've asked them

Will ask aunty to see if we get the locks changed tonight.

if you have his email - why not? sms too and calling and taking a photo of the actual call on your mobile will help in documentation. i would say 1 week would reasonable enough to say that if he has not responded by then just go and find someone else.

All trades deserve a fair go to repair their faults however if they refuse to do so then normally ppl just get some other trade to fix it up and then minus off the amount they owe them.

you could also pay $250 report from building inspectors if you're keen to get one to make sure that the work is up to BCA standards.

you have a right to get back your keys too. If he hasn't replied say in a couple of days - just make a report to the police to retrieve the keys back from you. The keys are your property not his.

 

[MsAli]

Our aunty is going to be taking photos of the issues. Though the guy is unhappy about the "complain" prior to the job finishing. These are the issues identified with the painting:

- previous owners' dryer metal brackets still stuck on the wall and the wall has been painted without any consideration to take them out
- cracks showing and have been painted over (seems like no prep work)
- Built in Robes painted with just 1 coat inside and not 3 as agreed (inc undercoat)
- Uneven walls which have not been prepared (the painter said to me on Saturday "what do you expect from a 20 year old building?" Yeh right )
- Cutting between cornices and the walls have no finishing
- Some new cornices as promised have not been installed (STILL) even when the painter had claimed he'd be done and finished by today

The funny thing is when I asked the painter...by the way what would you charge for xyz job...He asked me if it was going to be cash and since he didn't earn over 75k he was exempt from GST....he was trying to sound funny..and here I was thinking what about Australia? You live here!!

The only reason this "builder" (read carpenter) is pissed off is that he was refused a payment by cash or to his personal bank account. At least he knows he will not be getting paid until the job is satisfactory.

The only concern is the safety of the children. In case she takes action and these guys do something dodgy? Kids come home from school. So she is going to wait till they finish the job before she reports it to Fair Trading and/or ATO.

Melbournian, he has responded, just that he hasn't been nice. The main painter hasn't showed up in 3 days but one of his workers were on site.

My issue is that if he is acting as a builder and since he isn't, will his insurance be covering the job?

 

[Melbournian]

i'm not sure what level of insurance the chippy aka builder might have. it could be just public liablity.

i would be asking for his builder registration number and then take it from there. if he doesn't have the necessary documentation to carry out the job then - it would be your call to continue or look for a different builder. personally, i would just start fresh - you never know these trades would tinker of just cause additional grief. once a vase is broken, it is pretty hard to pick up all the pieces.

i know for a fact that any builder who mispresents himself in victoria as being registered while being not can be liablie to have the contract cancelled. this applies too in terms of deposits taken. Many take a 50% deposit eventhough they are only allowed 10% by law. he also can be reported to consumer affairs and the building commission in which severe financial penatlies can be imposed.

as for kids in terms of safety - i don't think they would do something stupid whereby it jumps to a civil disagreement to a criminal act. that's just too much to risk to be stupid.

 

[monalisa]

Thank you Melbournian for your valuable input

 

[MsAli]

So we visited the property to see how the works have tracked over the week.

The guy emailed with an invoice with FULL PAYMENT suggesting the payment is due today. The painter hasn't turned up since earlier in the week and his "handymen" aka painters were on site a few times during the week.

When the issues were raised with this carpenter (disguised as a builder without license), he said the works were not yet complete so he shouldn't be told about the concerns. Makes me wonder why is he asking for a full payment now as a) we can't raise issues prior to work being complete and b) the works are not complete anyway so why should he get paid?!

Attaching a few pics...

 

[MsAli]

More Issues

 

[MsAli]

A few more pics...

 

[MsAli]

And More...

 

[MsAli]

More pics...

 

[MsAli]

More patching issues

 

[MsAli]

Damaged new door

 

[MsAli]

Does this painter even know what preparation mean

 

[MsAli]

And more poor prep works

 

[MsAli]

I think I should give him a sanding machine for free

 

[MsAli]

What sort of prep is this

 

[MsAli]

Why no preps at all?

 

[MsAli]

What do you guys think?