I received the following email from my blog, as I can't access internet mail from work, I will try to introduce her to this forum when I get back home tonight.
I guess we need to know a bit more first. There seems to be at least 2 different subjects here: 1) taking builder to court, 2) what to do about the half finished house
"Stonecutter", where are you??
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RE:Help please
HI,
I started a renovation which went horribly wrong. The builder has done very defective work and only half finished the house and abandoned it. I was reading you blog about building a new house ( project home) and I want to demolish the current place and start again. Do you think a project manager is a good idea.. as they could inspect everything and measure it all up? Do you know anyone?
Also you mention that Stonecutter 1309 had some advice for when things go wrong. How do I contact stonecutter? as I would really like some help regarding taking the builder to court.
Thank you
Jasmin
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Need help from Jasmin
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Hey allan - I'm here!
I simply recommended a method for documenting all the issues/variations that happen in the building process - so that the document can then be used in legal action against the builder.
Allan was right about 2 issues
1. Suing the builder
I'd start with your building/renovation contract. And check out your state department of fair trading - NSW is :
http://www.fairtrading.nsw.gov.au/build ... wners.html
We've had building defects in a completed building (apartment block) and they recommended we talk with the builder - he agreed to fix the defects (mainly cracking in a double brick place).
However - you've got a different issue in that the builder has abandoned the project & it's a renonvation. The Dept of Fair Trading would still be able to give advice. I would be withholding any payments to the original builder at this stage.
2. Demolishing and starting again
The only issue this creates are with Councils and cost - like Allan who is doing a KDR - you need council permission to demolish. This will also cost $$ and you'll need to dispose of all the materials - you may be able to re-use some. Perhaps talk to a house dismantler about buying the materials you already have in the half-built place
As for my method of documenting all communication with the builder - whether it be variations in the design, disputes, poor workmanship etc. (I can't remember verbatim what I originally wrote and I can't seem to find the thread! but let's test my memory)
1. Get an exercise book - just like the ones kids use for school. Make sure that it IS NOT the type where pages can be ripped out (perforated pages).
2. Each time you make contact with the builder - write an entry in the book - describe date, time, location (if face to face meeting) and what was discussed, action points etc. When writing this - do not leave any blank lines.
3. When finished documenting the event - sign your name at the end of the last sentence (again - don't leave too much space) and date.
4. Rule a line under this entry.
5. Next entry should start on the very next line in the same fashion
The idea is to create a record that is as complete as possible and contains no room for you to add things later. A common issue with electronic documents as evidence is that you can change them later on - this way - the judge in your case can see that absolutely no lines have been left blank for you to modify in any way at a later date - and is a complete account of proceedings.
HTH!
I simply recommended a method for documenting all the issues/variations that happen in the building process - so that the document can then be used in legal action against the builder.
Allan was right about 2 issues
1. Suing the builder
I'd start with your building/renovation contract. And check out your state department of fair trading - NSW is :
http://www.fairtrading.nsw.gov.au/build ... wners.html
We've had building defects in a completed building (apartment block) and they recommended we talk with the builder - he agreed to fix the defects (mainly cracking in a double brick place).
However - you've got a different issue in that the builder has abandoned the project & it's a renonvation. The Dept of Fair Trading would still be able to give advice. I would be withholding any payments to the original builder at this stage.
2. Demolishing and starting again
The only issue this creates are with Councils and cost - like Allan who is doing a KDR - you need council permission to demolish. This will also cost $$ and you'll need to dispose of all the materials - you may be able to re-use some. Perhaps talk to a house dismantler about buying the materials you already have in the half-built place
As for my method of documenting all communication with the builder - whether it be variations in the design, disputes, poor workmanship etc. (I can't remember verbatim what I originally wrote and I can't seem to find the thread! but let's test my memory)
1. Get an exercise book - just like the ones kids use for school. Make sure that it IS NOT the type where pages can be ripped out (perforated pages).
2. Each time you make contact with the builder - write an entry in the book - describe date, time, location (if face to face meeting) and what was discussed, action points etc. When writing this - do not leave any blank lines.
3. When finished documenting the event - sign your name at the end of the last sentence (again - don't leave too much space) and date.
4. Rule a line under this entry.
5. Next entry should start on the very next line in the same fashion
The idea is to create a record that is as complete as possible and contains no room for you to add things later. A common issue with electronic documents as evidence is that you can change them later on - this way - the judge in your case can see that absolutely no lines have been left blank for you to modify in any way at a later date - and is a complete account of proceedings.
HTH!
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