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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***@******.***
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?
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.
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?
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.
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
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