From: Dan--- on 25 Jun 2010 00:50
"Noddy" <me(a)home.com> wrote in message
> "^Tems^" <stevebrooks13(a)live.com> wrote in message
>> Did they finish your shed?
> Not yet. This is where it's at as of this morning:
Looking good I can see that passing the fart echo test with flying gas! :-)
From: Noddy on 25 Jun 2010 06:58
" Scotty" <scoter1(a)warmmail.com> wrote in message
> 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.
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.
From: PhilD on 25 Jun 2010 08:31
"Noddy" <me(a)home.com> wrote in message
> "PhilD" <replytonewsgrouponly(a)aussient.com.au> wrote in message
>> 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 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
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
From: Noddy on 25 Jun 2010 08:41
"D Walford" <dwalford(a)internode.on.net> wrote in message
> No problem, just let me know when you are ready.
Will do, and thanks very much indeed. It's greatly appreciated.