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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5136
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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A client has compiled a list of complaints about work done

Customer Question

A client has compiled a long list of complaints about work done to renovate her bathroom.
The client advises that the list of complaints will be submitted to the Building Commissioner.
We have agreed to repair or attend to every valid warranty claim made. Most claims sre very minor. However some complaints are in dispute. The bathroom is in full use by the client and has been for some 5 weeks. The client is witholding $2000 of ours pending the outcome of her complaint to the Building Commissioner. The client refuses to give us site access so that we can attend to known warranty claims.
The client now has written to us suggesting that the complaints list will not be submitted to the Building Commissioner if we refund all the money she has paid being over $11000.
We feel as if we are being blackmailed. Does blackmail/extrotion have to be made with a threat of physical force or physical harm. We are subject to the threat of sanction by the Building Commissioner but no threats of physical harm have been made.
Do you have any advice please?
Submitted: 10 months ago.
Category: Australia Law
Expert:  Daniel replied 10 months ago.

Hello
The audacity of this person, you must have the patience of a saint.
Send them a letter, now. Outline you have had not been able to gain access to the property and demand payment of the $2,000.00 immediately or face legal action to recoup the loss. In the alternate, to obtain access and fix the defects as agreed.

They cannot withhold amounts on these terms.
They will not look kindly upon them withholding access.

Info as to small claims matters in WA:
http://www.legalaid.wa.gov.au/InformationAboutTheLaw/WorkMoney/GoingtCourtDebt/Pages/MinorCaseClaim.aspx

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Expert:  Daniel replied 10 months ago.

Hello

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I wish to assist you.

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Expert:  Daniel replied 10 months ago.
Hello
I note I have not received a response?
I wish to assist you.
Please click accept and rate my service. I am able to answer further questions after accepting at no further cost to you.
Expert:  Daniel replied 10 months ago.

Hello
I note I have not received a response?
I wish to assist you.
Please click accept and rate my service. I am able to answer further questions after accepting at no further cost to you.