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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5524
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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I am trying to find some advice as to how to proceed against

Customer Question

Hi, I am trying to find some advice as to how to proceed against a builder with who I signed a contract to draw up a plan but due to financial circumstance I cannot go ahead with the project. I had paid $2,000 to have the surveyor/ architect to come and do some work at the property however he never turned up. The builder is refusing to refund the money claiming he has already done a lot of work on the plan. However when I and the Fair Trading Council requested a schedule of work done they have not provided any. Fair Trading council has recommended me to go to the tribunal. I just need to know do I have case of getting my money or will I be wasting my time going to the tribunal and can incur more cost.
Submitted: 2 years ago.
Category: Australia Law
Expert:  Daniel replied 2 years ago.
Hello
If you have sound evidence that he did not attend, and he has no evidence, there is every chance you will be successful. In the end it is a commercial decision as to whether the time and expense is well worth it.
Should he however have evidence that he did part of the job, perhaps there is a need for some negotiation and have him refund a partial amount.
Tribunals have the power to push people to negotiate and settle matters also.
My advice would be to attend and push for a resolution.
Please click accept.
Customer: replied 2 years ago.
Thank you for your valuable advise. It has given me the courage to pursue the matter.
Expert:  Daniel replied 2 years ago.
All the best with it.
Please click accept and leave feedback.
Expert:  Daniel replied 2 years ago.
Is there any further assistance I can be of?
If not, please click the accept button and leave feedback
:)