My neighbour said that I should not give them away because they are mine.
My question is can my SS legally claim the tiles 2 weeks after I have taken possession of my house? Right now he hasn't fixed the issues left from handover(http://forum.homeone.com.au/viewtopic.php?f=31&t=49079), so should I use those tiles as a leverage for him to fix things? or am I entitled to those tiles that I should not give them up anyways?
I mean my SS could be screwing with me as he thinks that I don't know my rights. Please help me! any reference to legal documents etc would be appreciated.
Update: I have just gone through my contracts.From the Victorian New Homes Contract:
Quote:
DURING WORK
Unfixed Materials on Site: 32.0 Any unfixed goods or materials on the Building Site are the property of the Builder.
Unfixed Materials on Site: 32.0 Any unfixed goods or materials on the Building Site are the property of the Builder.
From Contract Documentation for my house:
Quote:
1.5 MATERIALS
1.5.1 All materials used throughout the works to be new and of good quality (unless otherwise specified). Defective, leftover and waste materials to be removed from site upon completion excluding items referred to in section 1.5.2 of this document.
1.5.1 All materials used throughout the works to be new and of good quality (unless otherwise specified). Defective, leftover and waste materials to be removed from site upon completion excluding items referred to in section 1.5.2 of this document.
-To start off, there is no section 1.5.2
-Those tiles did belong to my builder during work, nothing was said about after handover.
-Considering they were 'leftover' tiles and not 'removed from site upon completion'.
I would conclude that they were mine. I will argue with SS, especially since he hasn't fixed what was supposed to be done.
Thank you everyone for your input!
UPDATE 19.7.2011
Several members have suggested that SS could possibly be scoring the tiles for himself, especially since he didn't explain at all.
Strategy at this stage would be to demand something in writing from PD office, see what SS says.
Will see whether he'd show up and clarify the ownership issue.
UPDATE 27.7.2011
SS did not show up and did not call either.
Existing issues remained outstanding and I presumed that SS no longer wanted the tiles.
Had 'Team PD' passed on my details to someone higher up a week ago and no, no contact from them either.
It's peace and quiet these days. I'm now praying for a decent maintenance person
CASE CLOSED