Browse Forums General Discussion 1 Feb 12, 2011 11:37 pm We signed up with a small builder in July 2008 to build on a block bought about the same time. we were torn between PD and them but the small builder's sales guys won us over. Contracts signed, 5 percent deposit paid. Fast forward to feb 2010. Land settled and these guts had done nothing at all. No soil tests, nothing. It was supposed to be a fixed price turn key package. Many calls from overseas where we were on holiday, and incredible stress later, found out that they didn't have sufficient insurance to build, but didn't have the courtesy to tell us. I cancelled our contract but had to go to a lawyer to get our money back, which I did. Meanwhile prices at PD had gone up 12k, interest costs for the period of delay were about 6k and I can't put a price on the sleepless nights and stress. We signed with PD and have moved on but I'm still tempted to go after the small guys for the 20k or so of loss I can quantify they put us thru. In my opinion, they had no right to take our cash when they could not build. If we signed with PD then we could have built the 42, now we had to do with a 35. Which is not bad, but still annoys the cr* p outta me. I don't like that they could still do this to other hapless souls as well - especially as they are still in business and I did all the checks with Consumer Affairs etc and came up with nada before we signed up. Anyhow what would you do? Sue or not?[url][/url] Now: Building another new home Settlement: 8 July 2021 Construction due to start: In two months Re: Would you sue? 3Feb 13, 2011 9:15 am I'd try to leave it in the past and just move on, going through legal proceedings will be costly and even more stressful 'A bottle of wine contains more philosophy than all the books in the world.' Louis Pasteur Vegie garden: viewtopic.php?f=19&t=27637&start=0 My Backyard Adventure Re: Would you sue? 4Feb 13, 2011 9:26 am I can't even imagine how frustrated and stressful the situation must have been. How awful. If it happened to me I'm sure I'd feel like taking legal proceedings too! I agree that they had no right to take your money when they weren't in a position to build! But you know what?.. I agree with the previous posters. I think it would only continue to ADD to the stress you have already experienced and then there is the legal costs etc. I would do whatever you need to do to formally make a complaint (so that others doing a check on this builder would know and not suffer the same fate) and then just focus on your NEW build. Re: Would you sue? 5Feb 13, 2011 10:20 am The insurance situation changed a lot in that period with the major insurer leaving the market, and many builders suffered as well, I guess yours did too... move on... Ed "ECOECO" At 'EcoEco', we design windows, we design the best windows, we do it for you, so that when you’re happy we are happy. Tel. 1800 326 326 Re: Would you sue? 6Feb 13, 2011 4:09 pm i would move on too, the legal process of suing them could cost you alot including money and the stress of it and that is if they have any money anyway.The stress may not be worth the money even if you win believe be i have been through a few legal stuff recently.Unforunately it was a will a very stressful experience in deed finished building 40 square home on 5 acres with perry homes.working on the landscaping just finished pool deck with ://forum.homeone.com.au/viewtopic.php?f=31&t=2217 Re: Would you sue? 7Feb 13, 2011 8:10 pm Thanks everyone for your views. Looks like the general consensus is move on, which DH wants me to do. I guess I will leave it at that - I thought of taking them to VCAT for compensation cause they really have cost me and am still mighty annoyed that they probably still are taking gullible people for a ride. Might go the complaint route, so at least if someone checks they will be in a better position than we were. Thanks all again Now: Building another new home Settlement: 8 July 2021 Construction due to start: In two months Re: Would you sue? 8Feb 14, 2011 7:45 am Don't try to sue. You have 0% chance of winning any court battle. Enjoy your new home when its done. Bought in Nov 21 at the height of the market (classic). Good area, atrocious floor plan. BUT has land out to the left-hand side that we can extend out on (see second… 0 8775 Thanks mate. Yeah good points! Leaning towards Option 3 to get a bit extra space in the cabinets but not going too crazy high (and expensive). Would require a mini… 13 39719 Hi It came to my attention after the handover that - The facade cladding on the face and the side are not straight. -The face tapers down by 50mm from left to right and… 0 2462 |