WA: Dodgy fencing contractor

[Ergophobia]

I had a gate replaced at one of my IPs in Perth.

The gate installed by the contractor clashes with an awning and only opens about a foot. It also has no way to open it from inside the property.

I have notified the contractor of the problems and they are trying to charge me to fix it.

The Ts and Cs required me to pay prior to installation.


What recourse do I have?

 

[sanj]

I had a gate replaced at one of my IPs in Perth.

The gate installed by the contractor clashes with an awning and only opens about a foot. It also has no way to open it from inside the property.

I have notified the contractor of the problems and they are trying to charge me to fix it.

The Ts and Cs required me to pay prior to installation.


What recourse do I have?

how much are they going to chargeyou to fix? that will answer your question re what recourse you have and if it is worth it. why on earth would you use a trade who demanded full payment prior to installation?

 

[Ergophobia]

how much are they going to chargeyou to fix? that will answer your question re what recourse you have and if it is worth it. why on earth would you use a trade who demanded full payment prior to installation?

$250 on top of a $1000 job

I didnt read the fine print

 

[AXXO]

I'd ring the Department of Commerce which regulates consumer protection in WA.

For minor problems that can be fixed this is what they say about what has to be done and the course you take:

For minor problems that can be fixed, you cannot cancel and demand a refund immediately.

You must give the supplier an opportunity to fix the problem. They must do this:

- free of charge; and
- within a reasonable time. This depends on the circumstances.

If the supplier refuses to fix the problem or takes too long, you can:

- get someone else to deliver the service and ask the supplier to pay reasonable costs; or
- cancel the contract and get some or all of your money back, if you have already paid. If you have not yet paid, or only partly paid, you can refuse to pay for the defective services at all, or pay less than the agreed price.

A reasonable cost would be within the normal range charged by suppliers, and include:

- the cost of the repair; and
- any other associated costs.

I don't think the contractor has to put anything right if they acted on your incorrect instruction or something beyond their control. The job itself should show it was not your intention or instruction to have the gate that way.

The problem will be, as I think with anything legal, trying to enforce your consumer rights.

 

[Doovalacky]

Don't bother contacting DOCEP for an IP they will not assist. Apparently we are not "consumers".

Tried lodging a complaint against against a contractor who's run with several peoples money. They are assisting others I know involved, but the big bad landlord has to seek his own legal recourse.

 

[sports fan]

i would get in touch with the owner of the fencing company directly and enlighten him of his installers incompetence and demand it gets fixed immediatly. tell him the gate forms egress path out of the house if there is a fire your family cant get out you will personally sue him for all damages. if that doesnt work then tell him you will put an ad in the local paper warning others about his pathetic workmanship, ring his references tell them etc etc

 

[Aaron Sice]

lesson learned, i guess.

never pay for anything in full until the job is complete to your satisfaction.

plenty of gates clash with awning windows, trick is, if you're using that awning window AND the gate, you only open the window to the edge of the brickwork.

i have the same problem at my house - and i designed it! very easy scenario to overlook.

 

[niftymate]

I am amazed you paid for the job before it was completed. I wish my business had customers like you

In 99% of maintenance jobs I would suggest you only ever pay a deposit before the works is completed.

In my business's case we charge up to a 50% deposit for larger jobs and only ever seek final payment once the job is complete and the client is happy.

In regards to the gate, this can be a common problem overlooked by both home owners, the contractor and the PM if its an investment property. Some of the time the descriptions we get on work orders are less than ideal. Detailed Communication from both parties is always the key to getting a job completed correctly.

Depending if its a metal or timber gate will determine how easy it is to fix.
You should just be able to change it to open inwards/outwards(depending how it is currently) so it will not hit the awning.

Also with being able to open it from both sides depends on what type of latch was used. I would expect for a $1000 gate a latch similar to this would have been used
http://www.bunnings.com.au/products_product_dd-lokk-deluxe-gravity-gate-latch_P4150025.aspx
or this
http://www.bunnings.com.au/products_product_dd-top-pull-magna-gate-latch-mltps2rp_P4150653.aspx

I would follow up with the contractor as a gate that only open's a foot is pointless. Stress this point to them and say it's not a gate if no one can get through it.

Hope that helps

Cheers
Dave