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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42666
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Fencing contractor removed fence between my property and rental

Customer Question

Fencing contractor removed fence between my property and rental property next door five days later he still had not fully completed fence only posts and half the rails no palling unable to bring our dogs home from boarding kennels because no boundry fence to contain them neignbours children not able to go out in rear yard as they can access road through our now un fenced driveway after several unaswered voice mail left on mobile phone we concluded that he was not going to finish fence we purchased materials and completed the fence in order to secure both properties and return pets home from kennels he is now demanding we pay him as he he intended to finish fence in a few days time
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Evening
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.
Who instructed the fencer?
Customer: replied 1 year ago.
The fencer was sent to quote by real estate agent when we requested a new fence
Expert:  Leon replied 1 year ago.
Good Evening
So the owner of the neighbouring property has given him instructions.
Did you sign a contact with the fencer?
How long did he say the job would take?
Customer: replied 1 year ago.
No signed contract only copy of quote via email from real estate agent 3to4days
Expert:  Leon replied 1 year ago.
Then you cannot sue the fencer.
You have to contact the agent or the owner of next door and put them on notice that you will sue them if the fence is not completed ASAP
They are the only ones that can sue the builder as they have the contract with him. You are not a prty to the contract.
You need to send a letter setting out what the delay is costing you per day and that if they do not get the work completed you will hold them liable for the additional costs.
I hope this makes sense?
Customer: replied 1 year ago.
Do we still have to pay him full amount even though we had to complete fence
Expert:  Leon replied 1 year ago.
Good Evening
You are liable for 50% of the fence.
You cannot refuse to pay because of the delay. If you get a court order then you do not have to pay.
I would suggest you send the letter to the agent and when the fence is finished then take the matter to VCAT and that will stall you having to pay.
You would be seeking compensation from the neighbour as he signed the contract through the agent.
They should join the fencer as he is the one that is delaying the completion.
I hope this makes sense?
Expert:  Leon replied 1 year ago.
Good Afternoon
I'm just following up our discussion earlier this week and seeing whether there is anything else I can assist you with.
If I have missed anything, or you have any further questions please let me know.
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
I look forward to hearing from you.
Regards
Leon
Expert:  Leon replied 1 year ago.
Good Morning
I'm just following up our discussion earlier this week and seeing whether there is anything else I can assist you with.
If I have missed anything, or you have any further questions please let me know.
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
I look forward to hearing from you.
Regards
Leon
Expert:  Leon replied 1 year ago.
Good Evening
I'm just following up our discussion earlier this week and seeing whether there is anything else I can assist you with.
If I have missed anything, or you have any further questions please let me know.
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
I look forward to hearing from you.
Regards
Leon

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