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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I have been told by an old client that she is taking me to

Customer Question

I have been told by an old client that she is taking me to the small claims court for non compliant building work I completed aprox 3 years ago under my previous company. I want to know my options as my company is no longer in operation?
Submitted: 1 year ago.
Category: Australia Law
Expert:  James D. Ford replied 1 year ago.

Depending upon the level of the defect.. different statutory warranty periods apply.

Have you been issued with a Form 61 - Non-compliance notice by the certifier or competent person?

http://www.hpw.qld.gov.au/SiteCollectionDocuments/Form61%E2%80%94Non-complianceNotice.doc

What exactly does the non-compliant building work consist of?

Was it approved at the time the work was completed, by a certifier?

Has the QBCC been contacted?

If the old client is proposing to take your company to small claims Court.. what they actually mean is QCAT (the Queensland Civil & Administrative Tribunal).

Has your old company been wound up, and deregistered? or is it still registered with ASIC?

I await your responses, before continuing.

Kind regards,

James

Customer: replied 1 year ago.
It is still registered with ASIC simply because I haven't filled out the paperwork, all accounts and licensing have been closed for 3 yrs.
QBCC have apparently been to site and I am awaiting a report.
Certifier wasn't engaged, although the client wanted it this way I know it was my responsibility to ensure this happened.
the client is telling me she wants rent for the past year also, I have no money for this.
Expert:  James D. Ford replied 1 year ago.

If the client has only now notified you of the problem... why has it take them a year to do so? It would be hard for them to claim a years worth of lost rent, if they have taken no steps to minimise or mitigate any losses.. the first obvious step being to notify you of the problem.

We need to wait for the report from QBCC, and then we can determine your options from there.

Please let me know when you have this, by accepting my offer of additional services, and we can proceed from there.

Kind regards,

James

Customer: replied 1 year ago.
Is bankruptcy or insolvency an option?
I will chase up the report with the client also
Expert:  James D. Ford replied 1 year ago.

Hi Kym, these are always options.. however, there is a lot of ground to cover before any such decision is made.

Let's wait for the QBCC report, and any report the client may have had prepared... and take it from there... kind regards, James