I do have evidence of invoices that were issued to me by the relevant tradespersons required to fix his damage.
His apprentice (who performed the work, unsupervised) is also witness, although he is distantly related to me, so not sure if this counts.
After talking to the HIA (housing industry Australia) they advised that I should not respond as there is a clause (Sec14 -5) which states that he has 3 months to issue the invoice, however sec 14 -6,7 &8 of the payments Act , further confuse me. I am not sure if this is just a scare tactic from the contractor.
It is also worth noting that it is out of character of him to invoice 2.5 years later. Generally he would invoice me at times even before a job was complete, and pestered me until he was paid. This seems it is just a way of extracting money from me, thinking that we forgot our agreement.
Unfortunately i dont have anything in writing between us.
Additionally, as he is claiming payment under the securities of payment act 2002, do i need to respond with a payment schedule, even though the invoice was sent after the prescribed time which I believe is 3 months?