Hi, Can anyone help us please?
We have recently had a second storey added to our house. Before we signed the contract the builder told us we could live in our outside rumpus room this was important to us as we hadn't budgeted paying rent on top of the price quoted. Just before works started he went into partnership with another guy who then said we couldn't live there due to safety. We were concerned about costs but he told us the works would be do-able in 3 months. We have had a nightmare since works commenced..7 months later we are still not back in our house. We have made every payment he has asked for but the problems we are facing he won't come back and finish the small jobs. The other problem we have - he charged us $1500 extra for tarps, we had lots of rain, he was late putting the tarps on which resulted in our downstairs existing bedroom ceilings to collapse.This caused lots of damage to our stored furniture which when we have asked to claim off his insurance he ignores. He has replaced the ceilings but he doesn't care about our furniture. We have sent him emails and he won't reply. We are at our wits end.
We owe him about $4500 which I am willing to pay if he finishes the job. I am scared to pay in full just in case we never see him again.
Can you please advise if we are being unreasonable. My friends advised to get the works finished ourselves and don't pay the amount owed. I put this to him but was ignored.
How do we stand legally if we do this? Do we have to have the house signed off before we can move back in?
Am I within my rights to expect him to replace our damaged furniture due to his negligence?
Any advice would be greatly appreciated we just want to get back into our house, rent is crippling us.
Many thanks in advance.