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Ask Daniel Your Own Question
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5771
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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I am trying to find some advice as to how to proceed against

Customer Question

Hi, I am trying to find some advice as to how to proceed against a builder with who I signed a contract to draw up a plan but due to financial circumstance I cannot go ahead with the project. I had paid $2,000 to have the surveyor/ architect to come and do some work at the property however he never turned up. The builder is refusing to refund the money claiming he has already done a lot of work on the plan. However when I and the Fair Trading Council requested a schedule of work done they have not provided any. Fair Trading council has recommended me to go to the tribunal. I just need to know do I have case of getting my money or will I be wasting my time going to the tribunal and can incur more cost.
Submitted: 2 years ago.
Category: Australia Law
Expert:  Daniel replied 2 years ago.
If you have sound evidence that he did not attend, and he has no evidence, there is every chance you will be successful. In the end it is a commercial decision as to whether the time and expense is well worth it.
Should he however have evidence that he did part of the job, perhaps there is a need for some negotiation and have him refund a partial amount.
Tribunals have the power to push people to negotiate and settle matters also.
My advice would be to attend and push for a resolution.
Please click accept.
Customer: replied 2 years ago.
Thank you for your valuable advise. It has given me the courage to pursue the matter.
Expert:  Daniel replied 2 years ago.
All the best with it.
Please click accept and leave feedback.
Expert:  Daniel replied 2 years ago.
Is there any further assistance I can be of?
If not, please click the accept button and leave feedback