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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42631
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I contracted a pool company to build my concrete pool. We

Customer Question

I contracted a pool company to build my concrete pool. We are at week 8 of a 12 week build contract. Have just poured the concrete shell. Have 4 weeks remaining to finish a massive amount of work including tiling, coping, waterfall, retaining walls, 35m2 of surrounding tiling area, pool equipment etc. Contacted builder and they now admit they will not be finished and the job is too big. May not even complete prior to Christmas. Out of the last 8 weeks only turned up to work for 6 days. They have too many jobs and not enough workers. Already paid $18K and this morning received a bill for $22K.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: SA
JA: Has anything been filed or reported?
Customer: not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 1 month ago.
Category: Australia Law
Expert:  Leon replied 1 month ago.

Good Morning.

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 I am very limited on what I can tell you and that you may have to get more detailed advice.

They are in breach of the contract but you have to look at what the contract says about delays. You cannot do anything without looking at the contract. If they are doing the work and it is progressing I would suggest you simply be patient.

The bills you are receiving again have to be in accordance with the contract. They should be set out what they have to be paid and at what stages. If there is nothing like that you have to discuss it with the builder.

Also if there is no contract I would be worried and you may have to consider taking this to the small business commissioner.

Here is some information.

https://www.sa.gov.au/topics/citizens-and-your-rights/consumer-rights/disputes-with-a-builder-or-tradesperson

I hope this 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