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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42659
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I did some building works homes they gave me five jobs all

Customer Question

i did some building works for metricon homes they gave me five jobs all running
same time was there 5 months all jobs ran over time but metricon states all jobs must be completed to get paid was 36k in total haven't been paid a cent because id been paying employees weekly and run out of money to finish two of them were 90 percent and two at 80 percent complete its been six months since I've done any work for them finally got them to a meeting on 22 of this month and now they have sent back chargers total 7 k over the amount of my claims stating i owe them 7 and if i sign this form there happy to call it even and walk away both with nothing should i sign or do i have a case to say no and fight for money lost and interest charges that have come with it from the banks
Submitted: 5 months ago.
Category: Australia Law
Expert:  Leon replied 5 months 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. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

Do you have a contract and can I see a copy of it? Send it to***@******.***

Customer: replied 5 months ago.
i have and i also have the email that they sent with all back charges as well i will attach both
Customer: replied 5 months ago.
here is there offer before meeting and back charges
Customer: replied 5 months ago.
disregard the txt 4 doesn't have anything to do with these jobs cheers
Expert:  Leon replied 5 months ago.

Good evening

Do ether purchase orders state that payment is only made when the building surveyor approves the framing?

Also what time frame from when you put them up do they have to approve?

The induction is too general and does not address this. Where does this information appear?

Customer: replied 5 months ago.
this ison of there purchase orders they do state but when start jobs they do not actually advise there very sneaky like that did
you receive there offer and the fact there back charging for fall protection witch is required for ohs reasons charging for jobs
running over time over christmas
Customer: replied 5 months ago.
its all in the purchase orders but in between all the paragraphs
Expert:  Leon replied 5 months ago.

I have see the purchase order.

By starting the job you agree to the approval before payment.

I did not get anything about the job running overtime.

Customer: replied 5 months ago.
ill send what they have offered and should i take there offer from a law perspective
Customer: replied 5 months ago.
also has what backchargipg for i have requested actual payment recipts and invoice that show actual works done not just
price but they are yet to comply
Expert:  Leon replied 5 months ago.

My question is why do they say it was not completed satisfactorily?

Do you agree with this?

Have they given you a detailed report on what the issues are and what has to be done and given you the opportunity to repair?

Customer: replied 5 months ago.
i did have a group 4 inspection list witch was completed on two jobs but they provided a vage QA list for others yes they gave me an opportunity but i was 35k down i had to move on as they were not going to pay anytime soon i started with one job
turned into five and they keeper moving me from job to job until they were at 90 to 80 percent complete never letting me complete one
Expert:  Leon replied 5 months ago.

So you agree the defects are correct?

If you agree then you have to work out the cost of repairing them versus the losses you suffer by accepting the offer. if the losses are less than the cost then you would be better off accepting the offer.

The issue is why aren't the jobs being completed in time? If there expectations are unrealistic then you should make that clear and not accept work that you know cannot be done.

They will continue not paying you if you do not complete.

Customer: replied 5 months ago.
there expectation are unrealistic for the amount of work and what they pay I've worked out for time they give to pay down to a hr rate 15 an hr for four qualified carpenter against the 50 per hrfor four to finish the frames per frame just doesn't match up
Expert:  Leon replied 5 months ago.

In order to avoid this you have to refuse to accept the work unless they meet your requirements.

But in this case if your costs to fix the issues are greater than what the reduction they are giving you, take the money and run.

If you wish to sue them, you have to have a solicitor look at it all more closely and see if they can find any breach of contract and then advise you on whether it is worth sueing.

I hope this all makes sense and is of assistance. if there is nothing further

thank you for using my services.

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.

Regards

Leon