Browse Forums Building A New House Re: Builder threatening to sue for defamation 21Feb 21, 2019 3:22 pm Accessible Carpentry & Cabinets accessiblecarpentry@gmail.com accessiblecarpentry.com.au https://www.facebook.com/pages/Accessible-Carpentry-Cabinets/583314911709039 Re: Builder threatening to sue for defamation 23Feb 21, 2019 3:37 pm 3in1 Supadiverta. Rainwater Harvesting Best Practice using siphonic drainage. Cleaner Neater Smarter Cheaper Supa Gutter Pumper. A low cost, siphonic, eaves gutter overflow solution. Re: Builder threatening to sue for defamation 24Feb 21, 2019 3:41 pm 3in1 Supadiverta. Rainwater Harvesting Best Practice using siphonic drainage. Cleaner Neater Smarter Cheaper Supa Gutter Pumper. A low cost, siphonic, eaves gutter overflow solution. Re: Builder threatening to sue for defamation 27Feb 21, 2019 6:00 pm Geez mate looks like your going through a nightmare. As someone whose shopping around right now to build I'm glad my shortlisted builders have nothing like this going on anywhere that I can find. Hope you get a positive resolution from all of this. I think you'll find that NSW defamation laws are the same as noted about VIC and applying to small company's only. I believe the NSW Government did a review of the laws last year, but it wasn't changed. Re: Builder threatening to sue for defamation 28Feb 21, 2019 9:32 pm luxbuild The letter appears to be written as person v person. I think that you are right. 3in1 Supadiverta. Rainwater Harvesting Best Practice using siphonic drainage. Cleaner Neater Smarter Cheaper Supa Gutter Pumper. A low cost, siphonic, eaves gutter overflow solution. Re: Builder threatening to sue for defamation 29Feb 22, 2019 7:10 am In order for an individual to sue for defamation I would have thought the individual needed to have been named and identified. The OP needs to ensure no individual has been named on here. And it might be a good idea to remove names from all letters copied on here or just remove them altogether. Re: Builder threatening to sue for defamation 30Feb 22, 2019 7:15 am I think it's just the way the solicitor wrote the letter. In the other thread the front page is posted and it says we represent Mr XXXX the owner of Wincrest Homes. So it seems they are coming from the business point of view. Not hard to figure out who Mr XXXX is, quick google will tell you who owns Wincrest Homes. Re: Builder threatening to sue for defamation 31Feb 22, 2019 9:05 am Please be reminded that individuals are liable for their own postings as agreed upon when joining this community. Therefore, we urge members to be mindful of defamation laws at all times before publishing content. In addition, as per our Forum Guidelines, individuals may not be named for privacy reasons. Should you have any general questions please let us know and for legal questions we recommend seeking legal advice where required. Re: Builder threatening to sue for defamation 32Feb 22, 2019 9:51 am Liliana In order for an individual to sue for defamation I would have thought the individual needed to have been named and identified. An individual only needs to be able to be identified. I haven't read the 'other thread'. It also depends on how something has been stated but a person is entitled to publish an opnion based on fact, personal experience and is in the public interest. 3in1 Supadiverta. Rainwater Harvesting Best Practice using siphonic drainage. Cleaner Neater Smarter Cheaper Supa Gutter Pumper. A low cost, siphonic, eaves gutter overflow solution. Re: Builder threatening to sue for defamation 33Feb 22, 2019 10:07 am so they are claiming defamation, but they wont win as your only telling the truth, would they be happy to show your level of work quality to propective clients,no way as any reasonable client would run after looking at their work,their entitled to a reputation built on the truth,not what they perceive as wanted,truth is not defamation especially when basically no one would agree that the works are not up to code,of poor quality. Re: Builder threatening to sue for defamation 34Feb 22, 2019 10:14 am There are also a number of other damning online reviews from easily contactable customers. EDIT: Simon, I have just read your other posts and as per what I understand, the issue to me appears to be around the tradies sometimes questionable workmanship and an apparent lack of QC due to Wincrest not employing a suitably qualified site supervisor that would arguably have otherwise allowed faults to be identified and satisfactorily rectified in a timely manner. You have also apparently sought counsel and direction from other appropriately qualified industry professionals and have also expressed personal opinions in the public interest based on the professional advice you have received and your own experience which reaches beyond your own build. I would not consider many of the faults shown in the published photos as being "unfinished works". You have also posted"Well through research we have discovered that the supervisor allocated to our job is not licenced to supervise home construction so we have reported him to fair trading." Are you sure that this is a requirement because here in Victoria it isn't although most assume that it is. Regardless, a builder employing an unqualified site supervisor to oversee a new house construction is not good practice in my opinion. You might also want to check how many other houses he was supervising at the same time. It is actually a near to if not impossible task for one person to know the regulatory compliance for several trades. 3in1 Supadiverta. Rainwater Harvesting Best Practice using siphonic drainage. Cleaner Neater Smarter Cheaper Supa Gutter Pumper. A low cost, siphonic, eaves gutter overflow solution. Re: Builder threatening to sue for defamation 36Mar 08, 2019 8:07 am I suspect he may have advised by his lawyer to stop posting here whilst this is ongoing?? Re: Builder threatening to sue for defamation 37Mar 08, 2019 8:21 am There are calls for a building royal commission weekly Couple's building nightmare renews group's call for royal commission The way battlers and punters are being ripped off and then gagged makes me feel sick to the core Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs Re: Builder threatening to sue for defamation 38Mar 08, 2019 8:56 am A Royal Commission's terms of reference are segmental, an all encompassing Royal Commission into the industry is impossible unfortunately and apportioning importance on which industry segment and the terms of reference would be a most difficult task. 3in1 Supadiverta. Rainwater Harvesting Best Practice using siphonic drainage. Cleaner Neater Smarter Cheaper Supa Gutter Pumper. A low cost, siphonic, eaves gutter overflow solution. The parties have reached a mutual understanding in resolutio 39Mar 26, 2019 12:09 pm The parties have reached a mutual understanding in resolution of each of the other parties concerns Simeon McGovern Affordable Custom Homes, We design and build to your budget Ashington Homes www.ashingtonhomes.com.au Re: Builder threatening to sue for defamation 40Mar 26, 2019 12:17 pm SejaeD Hi Everyone Sorry that I haven't been able to provide an update for the last month or so. The latest news is that Wincrest are now demanding that a significant portion of my posts on this website be deleted. So if in coming days you see that my posts have been removed this is why. I just want to reiterate that the reason for posting here has always been to give an honest account of our building experience with Wincrest. I sincerely believe that this forum is a useful tool for people to share experiences and advice on renovating and building, and I have taken pleasure in helping a number of members resolve technical issues during my time here. I also believe that this forum is an incredibly useful resource to make recommendations on trades, suppliers and builders to help people through the building process. Having said that, the last 6 months has been a nothing short of a nightmare for my wife and I. We are a young family with 4 children including an 11 month old baby. We chose Wincrest Bespoke because they assured us in writing that they were a bespoke custom business who used better quality trades then their volume housing business and on this basis we trusted them to build our dream forever home. The reality was that whilst the design process was good, the construction was handled by the same trades and management who handle the volume housing business. I can also honestly say that these trades were some of the worst quality that I have seen in over 20 years in the building industry. (As background in a former life I was the NSW General Manager for Metricon's medium density business, so I do have experience managing trades and assessing quality. I have also worked for Clarendon and related construction companies so I do understand the average to above average quality provided by volume home builders and my expectations were set along these lines.) To this day they are yet to apologise for the stress and financial strain they have caused my family. For the reasons outlined above and many more that I have already covered, it has been our honest and genuine experience that Wincrest has not built in accordance with Australian Standards in all areas, and that their customer service has been appalling. I hope everyone has a much better experience on their building journey than we have. Till next time Simon Well, legally they can't be demanding that, we are in free press country, aren't we? The fact they are requesting them will work well against them in Class Action law suit. ask the surveyor for clarification would be the logical approach 1 22211 Looks like it, the only time a 6m cut would occur it if the builder cuts straight between those opposite corners. But if you have got the DA drawings and minimal… 3 1730 Hi All, I just wanted to close this topic out with an update. So we ended up agreeing to a number with the insurance company, and after an extensive amount of hand… 8 28369 |