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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 despute with my builder because he didn't fix

Customer Question

I have despute with my builder because he didn't fix things that he should and didn't pay fence cost. I told him that I will pay him as soon as he fixed the problem.didn't pay his last payment. As a result he has put a charge against me. What should be the answer for my charge?
Submitted: 1 year ago.
Category: Australia Law
Expert:  kmslaw replied 1 year ago.

Hello my name is***** am a solicitor in NSW who will help you with your inquiry today.

Are you saying that the builder has put a charge on your property? If so, can you please attach a copy of the builder's contract with you to this so that I can see if there is any way to dispute the charge? Thanks.

Expert:  kmslaw replied 1 year ago.

I am going into a meeting now but should be back around 5pm Sydney time.

Customer: replied 1 year ago.
Hi Kmslaw
Thank you for your prompt reply.
The builder put charges against me for not paying him the remaining $5900. Yes I haven't paid him because he didn't fix what he should have regardless of repeated written and verbal reminder. I now get some of the things fixed, paid part of the fence and waiting for other tradesmen to fix the rest. On top of that he handed in the house on the 10th month after the agreement while he agreed to do it in 180 days. It was not my intention to ask him about this on the court but now I am considering this. I really need your advise and I appreciate if you could be able to call me tomorrow morning if you have the time. Sorry I didn't see your email this afternoon. I will try to send the agreement if I have the soft copy.
Regards
Merid
Expert:  kmslaw replied 1 year ago.

Hi Merid

If you give me your phone number via this phone discussion offer, I can call you.

Kylie

Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  kmslaw replied 1 year ago.

Hi Merid. We seem to be having a site issue, I have contacted expert support to sort it out. Should be in touch with you soon. Kylie

Customer: replied 1 year ago.
Hi Kylie
My phone is XXXXXXXXXX. I have already paid $98.00. Am I asked extra $111.00 for phone call
Please give me a call asap.
Regards
Merid
Expert:  kmslaw replied 1 year ago.

Hi Merid

Yes the phone call costs extra. So if you don't want the phone call we can just discuss this online.

Do you want me to remove your mobile phone number from the site so that others can't see it?

Kylie

Customer: replied 1 year ago.
Hi Kylie
Yes. Thank you very much for removing my phone number. Now it is too late to discuss about what I should reply to the dispute as the dead line tomorrow morning. Can you please advise me whether I can extend the reply period as I am not ready and haven't got any advice? ie.
1 Is that possible to ask an extension?
2. For how long can I ask/ get extention?
3.How and where can I do this( is there any form to be filled do that? or do I need a written application?)
4. If so can you briefly give me highlight as what to say/ send me a sample?
With best regards
Merid
Customer: replied 1 year ago.
Your prompt application is highly appreciated
Customer: replied 1 year ago.
Your prompt reply is highly appreciated
Expert:  kmslaw replied 1 year ago.

Are you talking about a reply period for a Court appearance? I'm afraid you haven't told me what Court you are in so it's difficult for me to advise. If you can tell me:

1. What is the date of your Court appearance; and

2. Which Court do you have to appear in?

I can advise you about what to do about getting more time.

Kylie

Customer: replied 1 year ago.
Sorry Kylie
I don't have a court appearance. However I had to respond to the dispute in writing by today. My question is am I able to extend the response date because I am not ready to give the response now? and how?
Customer: replied 1 year ago.
I had to submit my respond in writing today but I am not ready. I need your advice how to get more time.
Customer: replied 1 year ago.
I should submit it to ACAT Canberra
Expert:  kmslaw replied 1 year ago.

What gives you the impression you have to respond in writing by today? Did a lawyer write to you and tell you this? Or were you served with a Court document that says you have to write by today? If you have a document, can you attach it so that I can see who is setting the deadline and why?

Expert:  kmslaw replied 1 year ago.

Hello

I really want to help you so do write to me and tell me the information I need to advise you further.

Kylie

Customer: replied 1 year ago.
Hi Kilie
My builder put a charge against me for not paying him the final payment of about 6000.00. The main reason for holding this money was because there were a few things he ought to have fixed. Although I moved to the new place three months after the agreed date, I didn't want to put claim for this. But now as per your advise( me to give a reply on time), I submitted a reply and counter claim for the delay and the costs I spent to fix few things that should have been fixed.
There fore I would like you to give me some advise on the following:
1. What sort of supporting documents do I need to submit to strengthen my claim?
2.What is the consequence of my counter claim for his late handing over of the house as I didn't put any claim about that before?
3. Do you have any other relevant advise you suggest?
Thank you