Browse Forums General Discussion 1 Dec 14, 2011 2:47 pm Hi we have moved into our house 2 months ago We had a contract with the builder to do house pool landscapes which we have fully paid they paid a landscape company to do landscapes and fencing , the builder claims they have been paid . the fencing company has only been paid 2/3 of the fencing by the landscaper who contracted the fencing company who now has gone into liquidation. the fencing company are now hassling me to pay the $8000 remaining on the fencing . the builder tells me its not my problem and the fencing company has to deal with the landscapers liquidators. the fencing company are threatening to come and rip the fences out if they are not paid in full . Any advice ??? I dont feel I should have to pay more since I have already paid for it in full (plus a builders margin) thanks Mike Mike 2/3 of the way thru the build Re: unpaid subies after landscaper went broke 2Dec 14, 2011 3:12 pm from what you have written, the contract you have is only with the builder. He is contracted to provide XYZ services/products and you pay him - ie he gets the benefit and rewards of the money you pay him in consideration of those services/product, but he is also responsible for the risks. It is up to him (within the terms of your contract with him) how he meets his side of the contract. Normally everything would run smoothly and you would expect him to reap the rewards - fair enough. But when things go wrong with the services/products it is up to him to sort out. He has not completed his side of the contract. The fencing company has not got a contract with you, so has no claim to demand money. They may have some right to reclaim the fencing, but then this will then form another issue for your builder. Take what I have written as guidance, but it sounds very messy and you may be better off getting professional advice. Re: unpaid subies after landscaper went broke 3Dec 14, 2011 3:37 pm The above post is correct with the exception that the fencing company has any right to reclaim the fencing. If they did this it would be theft. The Harder You Try - the Luckier You Get ! Web site http://www.anewhouse.com.au Informative, Amusing, and Opinionated Blog - Over 600 posts on all aspects of building a new house. Re: unpaid subies after landscaper went broke 5Dec 14, 2011 8:17 pm If your fence is removed that is theft. If the perpetrators are caught they will be prosecuted. You may want to check that your insurance is up to date and covers the fence. If the fence is stolen, report it to the police and claim on insurance. From what I understand, you contracted the builder who subcontracted the landscaper who subcontracted the fence company. The landscaper, which went bust, did not pay the fence company. If this is correct then the dispute is between the landscaper (or their liquidator) and the fence company. The builder is correct. There is no legal or moral obligation for you to pay any more. In fact the fence company asking you for money is harassment and illegal. Demolition August 2009, Construction Started September 2009, Completed December 2010 Re: unpaid subies after landscaper went broke 6Dec 14, 2011 9:37 pm Quote: There is no legal or moral obligation for you to pay any more. In fact the fence company asking you for money is harassment and illegal. I agree and think the fencer can see the writing on the wall (no pun intended) and is trying to pressure you to get out of the mess he is in. Arfur Re: unpaid subies after landscaper went broke 7Dec 15, 2011 7:10 am Most suppliers have a Romalpa or Retention of Title clause in their contract with a buyer. The intention is that ownership of the goods does not transfer to the buyer (your supplier) until their bill is paid. Your goods are a fixture on your property and you have paid for them, they are yours. The fence supplier can sue the liquidator for the specific proceeds if the ROT clause is upheld, but he can't touch you. It is illegal for the fencer to threaten you. I would take offence if he took a fence. 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: unpaid subies after landscaper went broke 9Dec 15, 2011 9:55 am As said previously: the fencer is a sub-sub-contractor and, as such, have not entered into any agreement directly with you. They should be chasing the landscaping company (or their liquidator) and would have to join the (no doubt) long list of creditors in order to get paid. It is immoral (and possibly unlawful) for them to make demands to you for payment and to make threats. If they come to your property and attempt to take the fence call the police. If they continue to harass you report them to the office of fair trading in your state. Whilst it is understandable for them to be upset about being out of pocket their behaviour is completely unacceptable. Hi, Wondering anyone has any recommendation of good landscaper for new home in southern Sydney? My land is a bit sloppy down need a good design. Thanks. 0 2036 We were lucky in that our old house was so small (86 square metres) compared to the new house, they were able to take enough readings around the old backyard house before… 8 37150 The concreter will take and reuse. In my case I bought structural LVLs and scraped them back and used them as joists. 1 5160 |