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kmslaw
kmslaw, Solicitor
Category: Australia Law
Satisfied Customers: 195
Experience:  I have 15 years legal experience behind me and I graduated from the University of Sydney with First Class Honours in Arts/Law.
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I am visiting Australia I was approached to do a bathroom

Customer Question

I am visiting Australia I was approached to do a bathroom remodel on a unoccupied flat. When entering the building the smell of mould mustiness was strong.we discussed the job reached a agreement. After starting the job I got a little sick.I am visiting Australia to attend to my older brother who is very ill,so with that I only spend a couple of days at the job site,so after leaving the job within approx5days I was no longer sick.returning to the job I again noticed signs of illness. After speaking with a tenant who has the adjoining flat I find out the previous tenant had complained of the Midland after attempts of his own eventually was told he should leave by the owners realty agents.the flat has sat vacant for more than a year,no mention of this was made to me I feel that this was deliberate, as the job was discussed in minute detail, that the problem was known to the owner I don't think could be questioned. I awoke this morning with chest discomfort I had been feeling more tired than normal yesterday. I no longer want to complete the job. feeling as I have been deliberately put at risk I have chronic asthma that's well managed but to be put at risk when if the owner had been forthcoming I could have taken greater steps to protect myself is very disturbing today me.I want to be compensated for time spent and time wasted and move on.I have tools and sundry items that need to picked up from the jobsite I am going to visually document the mould in the attic area as I have removed the ceiling floor walls in bathroom. What are your thoughts on my situation
Submitted: 9 months ago.
Category: Australia Law
Expert:  kmslaw replied 9 months ago.

Hello my name is***** am a solicitor in NSW who will help with your inquiry today. Did you send any terms and conditions to the owner of the unit before you did a remodel? I am trying to ascertain what the terms of the contract are. If not, you could tell them that the contract is frustrated ("frustrated" is a legal term) by the fact that you cannot work in the bathroom due to health reasons and that therefore the contract is at an end. You should be paid for the work you have performed, under the principles of quantum meruit. So work out the value of the work you have done to date and put in a written request to the owner to pay it. If they fail to pay it, you can sue them in the Local Court. Has that helped you today?

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