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Does timber used for decking in Australia have to be
Does timber used for decking in Australia have to be Australian Standard. I am wondering as there are new products on the market such as Thermally modified American Oak being sold by local suppliers a… read more
John Melis
John Melis
Lawyer
Bachelor's Degree
3,672 satisfied customers
L, Below is the email I sent to QBCC tonight. I hope it
l,Below is the email I sent to QBCC tonight. I hope it reads okay.MexxxxxDear Sir or Ma'am,The purpose of this email is to seek guidance over an issue we are having with our pest installer and their refusal to honour their warranty despite written guarantee on company paraphernalia given to us at handover. We have paid for the recommended annual inspections to be carried out since our house was new. Our house was built in 2009. We have communicated regularly with the installer, Termicide to rectify the termite infestation, however they refuse to honour their warranty which, in their correspondence, states: covers 12 years from time of installation. The saga is as follows:On 04th March 2017, Termicide attended our property to carry out the annual warranty inspection where active termites were discovered. Termicide's inspector, Rick, treated the area with a pesticide to eliminate them and advised at the time that the termites had ingressed our home via a crack in the footpath running along the back of our home. Upon closer investigation we found no evidence to support that statement. He also stated that the damage he uncovered was about the extent of the termites' incursion into our home. We found that statement to be wrong. After the termite barrier had been installed we engaged the services of a builder to repair the damage originally highlighted by your staff, however upon removing the linen cupboard and gyprock wall we discovered the damage was greater than was originally thought.It was the first visit on 04th March we were informed by Termicide we were not covered by their warranty. We were surprised to find this out considering we have kept up with, and paid for our warranty inspections since the house was constructed. On the 18th of March 2017 a follow-up inspection to gauge the effectiveness of the chemical was carried out by Termicide. Rick determined the termites to be eliminated and a more permanent solution to prevent further infestation was discussed along with methods of payment. A quote was sent via email where we elected to have the entire house treated by way of chemical barrier.On Monday, 29th and Tuesday, 3th of May 2017 a chemical barrier was installed at the cost to us of approximately $6,500.00. We have paid the invoice in full. This is despite the letter to us, dated 6 January 2010, stating in paragraph two the following:“Termicide also warrants your home against infestation for twelve years. This warranty guarantees that should termites breach the barrier and enter your home, Termicide undertakes to remove, repair and reinstate any structural damage at no cost you yourselves. The only proviso we have is that you undertake to have a (sic) annual warranty callout to comply with Australian Standards 3660.1 carried out by a member of our fully trained staff.”Australian Standards 3660.1 states the following:“The Purpose of termite barriers is to deter concealed entry by termites into a building, above the termite barrier. Termites can build around barriers but their workings or evidence thereof are then in the open where they may be detected more regularly”.At no stage has evidence of termite workings been detected either by members of Termicide staff or my Family, only the visible damage found in the roof where further investigation was warranted, in March.By being told termites ingressed our home via a crack in the footpath outside the house means they still breached the Termiglass and/or the slab which is meant to be protected by Frizbee Collars. Either way the termites breached Termicide's product and made their way into our home. Apart from the annual inspections carried out by Termicide, we are always on the lookout for infestations such as this in addition to ants, lawn grub and other pests. My father-in-law, who lives with us, and who has been in the building industry for 50 years, is a creature of habit and has done a regular walkaround of the house since we moved in … read more
John Melis
John Melis
Lawyer
Bachelor's Degree
3,672 satisfied customers
Variations to domestic building contracts: Context: our
Variations to domestic building contracts: Context: our house is being renovated - floor and wooden skeleton being kept. If the builder hasn't costed something that is shown on a technical (electrical… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,988 satisfied customers
We signed a contract of sale on 25.11.15 we have never
We signed a contract of sale on 25.11.15 we have never received access for a pest inspection which out contract was conditional upon until 18.12.15 (proof e-mails) asking for access from 25.11.15 whic… read more
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James D. Ford
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My neighbour and I have agreed to split costs of a common fence
My neighbour and I have agreed to split costs of a common fence and retaining wall.On closer inspection the contractor has discovered an electrical line running under the fence on the neighbours side … read more
Leon
Leon
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Master's Degree
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I have a accepted an unconditional offer to sell my house and
I have a accepted an unconditional offer to sell my house and made an unconditional offer to buy another property and have changed my mind. Where do I stand?… read more
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Brisbane-Lawyer
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I need information about a notice of waiver We are buying a
I need information about a notice of waiver We are buying a property. In the contract it states a deposit of 15k of which 5k is paid now and 10k to be paid within 18 days of acceptance. One condition … read more
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kmslaw
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Do I have any case against a company who provides protection
Do I have any case against a company who provides protection against termites and the protection fails. The company undertakes monthly checks of their system. In March 2013 we found our garage was inf… read more
Leon
Leon
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I bought a house in May 2011 had termite inspection done & also got a copy of a pest inspection report from the vendors dated March 2011. (Extensive termite damage found in April 2012) I imediatly had… read more
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Leon
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Hi, My husband and I puchased a house that was in the hands
Hi, My husband and I puchased a house that was in the hands of the Sherriff's Office due to the fact that the prior owner owed a lot of money to various builders and renovators. He then took it upon h… read more
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Leon
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At a time when I was under going surgery, and my husband was
At a time when I was under going surgery, and my husband was working from home we made a very bad judgement call and paid in good faith the full amount for a low brick wall and some landscape gardenin… read more
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Patrick H.
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Seeking answer from Lawyer with Knowledge of Master Builders
Seeking answer from Lawyer with Knowledge of Master Builders Association of Victoria new Homes contract regarding Public Liability clauses it contains. The Builder is required by the contract to put i… read more
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HI, We recently sold a property we had built 18months earlier,
HI, We recently sold a property we had built 18months earlier, on settlement the buyers asked to with hold 20k in their solicitors trust fund due to the fact the rear timber retaining wall had failed.… read more
Leon
Leon
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Hi, Late last year my partner and I signed a contract to
Hi, Late last year my partner and I signed a contract to purchase a house. We were unable to obtain finance and notified the lawyer of this prior to the settlement date. The contract that we signed di… read more
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We have recently purchased a property in NSW with settlement
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Leon
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i want to cancel my building contract as builder telling me
i want to cancel my building contract as builder telling me i have to pay termite.asset protection removal of dirt tapping never told us these things before paul… read more
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Leon
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We are a Town House complex comprising 19 units in eight separate buildings, built approximately eightears ago.… read more
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Leon
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John Melis

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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