From: Dan--- on 25 Jun 2010 00:50 "Noddy" <me(a)home.com> wrote in message news:4c1df360$0$78838$c30e37c6(a)exi-reader.telstra.net... > > "^Tems^" <stevebrooks13(a)live.com> wrote in message > news:NFfTn.3650$Ls1.3144(a)news-server.bigpond.net.au... > >> Did they finish your shed? > > Not yet. This is where it's at as of this morning: > http://i31.photobucket.com/albums/c389/dasgib/IMGP2227.jpg Looking good I can see that passing the fart echo test with flying gas! :-) --- Regards Dan.
From: Noddy on 25 Jun 2010 06:58 " Scotty" <scoter1(a)warmmail.com> wrote in message news:4c24782c$0$14497$afc38c87(a)news.optusnet.com.au... > So why did you pay them 100%? Because "cleaning" wasn't in their job description. > Surely there would a small retainer of around $200-$500 for cleaning > up. Or get Daryl to do the job, provide a substantial invoice and pass it > on to the builders. > > I held back a retainer or $1000 when I had me pool done, they were not > happy about it but until they > cleaned up they didnt get it. A team of three came back the following week > and cleaned up, removed > the piles of concrete off my lawn and fixed the gutter they broke. > > I was happy to hand over the cash and got a (aleit reluctant) appology > from the Pool broker. > > If you pay in full then you havnt a leg to stand on. On the contrary, if you withhold money because you're not satisfied you leave yourself *wide* open for litigation that you will most definitely lose. You have a legal obligation to pay any outstanding amounts for work done, and you *don't* have a right to withhold any monies if you're not happy with it. In the eyes of the law, you're supposed to pay first, and then seek the intervention of a relevant authority to order corrective work if there's anything not up to spec. -- Regards, Noddy.
From: D Walford on 25 Jun 2010 08:13 On 25/06/2010 9:11 PM, Noddy wrote: > > If you're still interested in about three weeks I won't say no :) No problem, just let me know when you are ready. Daryl
From: PhilD on 25 Jun 2010 08:31 "Noddy" <me(a)home.com> wrote in message news:4c248f55$0$1204$c30e37c6(a)exi-reader.telstra.net... > > "PhilD" <replytonewsgrouponly(a)aussient.com.au> wrote in message > news:HV_Un.141$vD2.123(a)news-server.bigpond.net.au... > >> You're a much better tempered man that I am. I would have given them a >> mouthful plus withheld 10% as the job wasn't finished to my satisfaction. > > But they don't have an obligation to finish it to my satisfaction. They > finish it to *theirs*. > But they do have an obligation to both maintain the workplace in a safe condition and to leave it in that condition as well. Particularly up here in the cyclone season there's been quite some concerns over the years about the way in which building sites are maintained in clearing up rubbish and ensuring that items that are likely to be flying debris are kept reasonably safe. With some of the storms that happen down that way the same should apply. The trouble with that is that you would also be likely to get something like our cyclone building code which would add so much to your cost that you would probably vote out any politician who tried to introduce it. It wouldn't apply in your case as the build price would have been over the limit but my situation was that it was under the $10,000 limit for the Small Claims Court to be relevant and different rules of evidence and trying to exclude expensive lawyers applies. There it would probably be easier to argue that they didn't fulfill their obligations. I don't accept that their satisfaction over-rides mine, even though they may think that. My Plumbers and Builders could have tried to claim completion earlier, and I was a bit surprised they didn't, but maybe I just bluffed them enough. Regardless, any future work from all tradesmen will have notes about expectations of cleaning up during and on completion and proper wording on payment procedures. If they don't like it they don't get the work. It helps to keep all correspondence in a written format and take lots of pictures. My wife carries on a bit when I get grumpy like that or press complaints to a better finish but mostly it pays off. By the way, did you get to see what they did when doing the roof to protect their workmen from falls. If they failed to comply with the regulations and you saw it you could threaten them with dobbing them in. That has a problem as well because under work safety rules if they were working unsafely and you saw it and didn't do something about it, you can be liable as well. I was so happy to leave the workforce and get away from all that and the endless paperwork. PhilD
From: Noddy on 25 Jun 2010 08:41
"D Walford" <dwalford(a)internode.on.net> wrote in message news:4c249d94$0$28669$c3e8da3(a)news.astraweb.com... > No problem, just let me know when you are ready. Will do, and thanks very much indeed. It's greatly appreciated. -- Regards, Noddy. |