Botched home renovation job

Bacchus

Hi, I'll try and keep this short and light on details. Basically, approx. 2 months ago a builders company started work on a renovation job at our house. At the "end" of it, it we discovered MANY issues (3 major, a lot of minor). To date, one of the major issues has been dealt with but one of the other major issues is now causing damage. Time and time again, we've had days scheduled with them for someone to call out and they've been cancelled. We're at the point now where we'd like to consider our legal options but haven't a clue where to begin, or what the correct process is. I've been conducting all contact with them (since we realized there were issues here) by email so I have a record of everything from them over the past month.

Any guidance here would be much appreciated. Thanks.

EDIT: Mods, maybe this is better in the Legal Discussion forum? Wasn't sure where was best.

runawaybishop

Ask for it to be resolved fully by X date, if it isn't get a solicitor involved.

Bacchus

I've set a deadline of end of next week or I will "look into other options".

I'm just not sure of the "other options". Is it a particular type of solicitor I need? How do I even find one? What's the costs involved?

Doop

What type of construction contract is in place? have you referred to the clauses on defects and retention?

Bacchus

Doop wrote: »

What type of construction contract is in place? have you referred to the clauses on defects and retention?

Had a look there... only thing I can see in relation to disputes/claims.

"Any dispute or claim relating in any way to the work carried out by X, or to any
products or services provided by X will be resolved by binding arbitration, rather
than in court, except that you may assert claims in small claims court if your claims qualify."

Del2005

Bacchus wrote: »

Had a look there... only thing I can see in relation to disputes/claims.

"Any dispute or claim relating in any way to the work carried out by X, or to any
products or services provided by X will be resolved by binding arbitration, rather
than in court, except that you may assert claims in small claims court if your claims qualify."

You can't sign away your rights so that is essentially useless, like the" owner excepts no responsibility for property signs". If you have your own solicitor ask them and if they don't have experience ask for a recommendation.

The legal forum will tell you to contact a solicitor, they don't do legal advice.

Doop

Bacchus wrote: »

"Any dispute or claim relating in any way to the work carried out by X, or to any products or services provided by X will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify."

What type of contract is that? is it something the builder wrote himself? I presume its not a RIAI standard form of contract?

It really depends how shoddy the workmanship is, if its very poor do you really want them back to make good? If it is very poor and it were me, I would not allow the builder to return and I would hire an independent professional ie engineer, building surveyor to review the work and report on same. Following the findings I would either re-engage with the builder (if the findings were generally indicating a satisfactory level of workmanship) If not I would contact a solicitor.

If its just the case of snags then unfortunately.. thats construction.. its like pulling teeth to get things resolved but it will get there eventually you just have to persevere and hold on to your retention amount and confirm you will not pay it until all matters are resolved to your satisfaction.

Bacchus

Doop wrote: »

What type of contract is that? is it something the builder wrote himself? I presume its not a RIAI standard form of contract?

It really depends how shoddy the workmanship is, if its very poor do you really want them back to make good? If it is very poor and it were me, I would not allow the builder to return and I would hire an independent professional ie engineer, building surveyor to review the work and report on same. Following the findings I would either re-engage with the builder (if the findings were generally indicating a satisfactory level of workmanship) If not I would contact a solicitor.

If its just the case of snags then unfortunately.. thats construction.. its like pulling teeth to get things resolved but it will get there eventually you just have to persevere and hold on to your retention amount and confirm you will not pay it until all matters are resolved to your satisfaction.

Cheers. That's just off the quotation document when we hired them for the job. We never received a formal contract.

For the most part, it's just snags they need to come in and redo or tidy up the finish on. There are two big issues though that I think would end up costing me quite a bit to have to reengage with another builder. They say they will fix them... but they've been saying that for over a month now. I'm going to give them next week to do good. If they don't I'll follow your suggestion and get an independent surveyor (any tips on where to find someone like that?) to review the job and follow up with a solicitor (there's no way this job would fit under "a satisfactory level of workmanship").

Thanks

The Nal

Im waiting a year for my builder to come back and fix a few things. He ignored me for months, didnt return calls etc even though we had paid him. Few mates with similar. Its the wild west at the moment.

But yeah, threaten legal action.

Bacchus

The Nal wrote: »

Im waiting a year for my builder to come back and fix a few things. He ignored me for months, didnt return calls etc even though we had paid him. Few mates with similar. Its the wild west at the moment.

But yeah, threaten legal action.

It sure is. That sucks for you. Did you get it resolved in the end?

TBH, even if we do get to the end of this with a good outcome, it's just tainted the whole job. We waited a long time to do this particular room and it's just turned into a nightmare. We're withholding the final payment for sure but most of the balance was paid already. As I mentioned, we're giving them next week and we'll reassess if it passes and we're not happy.

The Nal

Bacchus wrote: »

It sure is. That sucks for you. Did you get it resolved in the end?

Nope! And Im too busy to take time off for them to come in now so Ill leave it until the new year. Only a small few snags to sort out. Nothing thatll cost us money.

Bacchus wrote: »

It sure is. That sucks for you. Did you get it
TBH, even if we do get to the end of this with a good outcome, it's just tainted the whole job. We waited a long time to do this particular room and it's just turned into a nightmare. We're withholding the final payment for sure but most of the balance was paid already. As I mentioned, we're giving them next week and we'll reassess if it passes and we're not happy.

Yeah I made the mistake of paying him the retention, he said he'd be back the following week and then vanished for 4 months! My mistake.