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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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Does a sub contractor to an owner builder have to be a registered

Customer Question

Does a sub contractor to an owner builder have to be a registered builder?
Submitted: 2 years ago.
Category: Australia Law
Expert:  Leon replied 2 years ago.
Good Afternoon
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.
The sub-contractor has to be licensed for what he does.
Do you have an agreement?
Customer: replied 2 years ago.
It was a gentlemans agreement between mates that live in a rural setting away from all else,and nobody else wanted the jobdue to location. Now, the owner builder has passed away, and the sub contractor has been left high and dry by the widow, who is refusing to pay the balance, and has taken action with the distrct court, claiming the sub contractor was not a registered builder. This was thrown out of the building commissions office, with them stating that any further monetary issues were to be dealt with by district court. The current lawyer for the sub contractor seems to think he should cut his losses. A friend of his who is a registered builder, says that he was never in the top tier, and shouldn't require to be registered, as he was a sub contractor to the owner builder, and has no caseto answer to, and is entitled to the remainder of the costs he incurred.
Expert:  Leon replied 2 years ago.
Good Afternoon
Can he prove he did the work?
Is he licensed and did the owner have an owner builders licence?
Was they work done correctly or is there issues with the work?
How much money are we looking at?
Customer: replied 2 years ago.
Everyone knows he did the work, there is nil dispute here. He told them he wasn't registered, and the deceased said he didn't care, as he was the owner builder and could do what he wanted. All works were completed with nil complications. The owner builder never applied for any approval for anything with the shire, and was an ex crayfisherman. They wanted exactly what the sub contractor had done at his farm, done to theirs, and over time insisted he come and do it. In the end it was a job done for a mate. The balance owing for the total job is around 80k. The guy is talented and put a huge concrete patio on the existing house, enclosed it, added a huge room, and painted the whole house, in and out. It was a shithole until then.
Expert:  Leon replied 2 years ago.
Good Afternoon
So there is no issue with the building works at all.
The only issue is he was not licensed to do the work and the Building Building Commission decided not to deal with this and threw it out.
What is the widow suing him for? Has he cross claimed for the cost of his labour?
Can I also assume that there were no approvals needed to do the work from council and if there were they were obtained and the work complies?
Customer: replied 2 years ago.
She sought legal advice after she was issued with the final invoice.He is out, labour, materials and wages. Nil issues with any works. Building commission wants nothing further to do with it. Everything this guy does is to standard. By the way, he is currently in the city for radiadtion treatment for head and neck cancer, and is not well right now. Also this is the in laws computer, so after today, don't email this address please. I am just trying to help the fella out. Basically, they are trying to pull out of paying up, and are trying to say he was the builder, when that was never the case. He was always a sub contractor to the owner builder.
Customer: replied 2 years ago.
No approvals for any works were ever done.
Customer: replied 2 years ago.
It appears you are offline, it's now 12pm here, so I will check back in ten.
Expert:  Leon replied 2 years ago.
I am online