Browse Forums General Discussion 1 Aug 16, 2019 2:42 pm I am a plumber, earlier this year I completed a contract in full in a new build, for an owner builder. There was no issue with the work, it was all ok'd by the client on site and they raised no concerns. I sent my invoice for 6k (I had sent and had been paid a progress payment of $900 earlier to commence the work) and now they won't contact me or pay me. I have received some legal guidance for recovering the debt after sending multiple invoices and reminders and having no reply, and they suggest a letter of demand then the small claims court or a debt collector. I went and checked for full names of the owner builders with the local gov and they aren't the people I have been dealing with. They are related – but not the owner builder. So who do I take to court – the person who entered the contract with me by agreeing to the quote or the person legally responsible for the build?
Re: Small claims owner builder 2Aug 18, 2019 12:21 pm Ask your lawyer. I would imagine the relative was working with consent for the owner builder so why not list both. I hope you have emails, sms or trail of written evidence of what they agreed to. I am very sorry for your experience. It seems some builders screw their trades over too often. Re: Small claims owner builder 3Aug 18, 2019 6:00 pm Gaudi Ask your lawyer. I would imagine the relative was working with consent for the owner builder so why not list both. I hope you have emails, sms or trail of written evidence of what they agreed to. I am very sorry for your experience. It seems some builders screw their trades over too often. yeah we have a rock solid case according to legal. They have broken the contract - we just wanted to know who to target to reclaim money owing to us. Lawyer said its becoming a common pattern - people just decide not to pay what they owe. Re: Small claims owner builder 5Aug 22, 2019 8:57 am Gaudi is right, a tribunal is likely to find that the person that accepted your quote is an agent of the owner, so list both on your application. Mirrmu83 is right also. Foremost Building Expert in Australia,assisting with building problems/disputes, building stage inspections,pre-contract review advice for peace of mind 200 blogs http://www.buildingexpert.net.au/blog Re: Small claims owner builder 6Aug 22, 2019 9:27 am There are always two sides to disputes OT. Even more reason to have proper construction /engineering details/specifications agreed upon. This also happening also on airtasker i am told Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs Re: Small claims owner builder 7Sep 08, 2019 5:22 pm StructuralBIMGuy There are always two sides to disputes OT. Even more reason to have proper construction /engineering details/specifications agreed upon. This also happening also on airtasker i am told thanks - we are sure there probably are other sides to the story but we haven't heard from the client, so as we said - no idea what the issue is. Unfortunately lots of opinion out there that all subbies are bad, some of that is justified some isnt. Re: Small claims owner builder 8Sep 08, 2019 5:25 pm Mirrmu83 i would go straight to small claims tribunal, forget lawyer do you have any recent feedback on results for small claims? a few folks say they just split it down the middle, but they are all results from 10+ years ago. Hi VK, Think it's worth investing time in an Owner Builder course to equip you with basic knowledge on Australian Building Industry and its regulations. Also, I suggest… 11 23751 Hi all. Anyone know when the $11,000 limit was set in legislation for renovations in QLD? Ive been renovating for 5 years now and this was the limit back then. As we know,… 0 4255 |