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Ask Deborah Awyzio Your Own Question
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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We had a ongoing litigation case with a dishonest builder

Customer Question

We had a ongoing litigation case with a dishonest builder that went for Three years we spent over 500 hundred thousand the case has ended the builder is in involuntary liquidation . We owe the lawyers one hundred and fifty thousand we have been crippled by this long procedure both mentally and financially to get back on our feet we have asked the lawyers for a reasonable repayment plan but they insist on a very inflated high price per month which is not reasonable because our hours of work have been cut we would like to enter into a more reasonable repayment plan but they are not working with us at such a difficult time . Is there any thing we could do ? or have we any rights after been crippled by such a long case with a poor outcome.
Submitted: 2 years ago.
Category: Australia Law
Expert:  Leon replied 2 years 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.
I am sorry to hear the situation but it is not simple but see what I can do.
Was the builder a company?
What can you afford to pay per month compared to what they want?
Did you get a cost agreement from the Solicitor at the beginning?
Customer: replied 2 years ago.
We received a cost agreement which is twenty thousand dollars a month plus GST around twenty three thousand a month this was the last month for the cost agreement we are struggling to pay the last payment . The property was sold to mitigate our loses after three years of dispute with the builder at a loss . We are a small business now crippled by the Low cost of steel affecting our income however the lawyer does not seem to understand our income has drastically changed . The company was the interfit Group we also had no claim though the QBCC for insurance . We are currently refinancing but the bank will not look at paying out the solicitor because we have exhausted all funds . We have all intentions of paying the solicitors back but the solicitors Usher Levi insist we have to continue the current plan which is not practical due to the change in circumstances in our finances . We could afford four thousand five hundred per month otherwise any other amount would see us completely crippled .
Customer: replied 2 years ago.
Hi Leon
Just touching base I have not heard back from you just wandering if you received my last enquiry .
Kind regards sue
Expert:  Leon replied 2 years ago.
Good Morning
Was this before the matter started?
Being a company did anyone think about getting a security for costs order so that the directors pay?
What is the amount you owe?
Customer: replied 2 years ago.
The building contract did not stand up we were advised by a high court QC that we were unable to vindicate the directors as this was not on our building contract . We spent time defending a claim the builder made for progress stage lock up payment which we defended and one twice at a dudicatation process. The builders number and the interfit Group did not match which cost us sixty thousand dollars both times to defend . We took the builder off the job because he was incapable of rectifying the faults which we had experts write reports which amounted to pages and pages. I suppose now we except the long drawn out process but would like to know what are our options in regards ***** ***** a new payment plan are we forced into agreeing to such a inflated cost agreement and is there a avenue we can take to try and negotiate we feel we are been bullied after spending so much money with these solicitor's and now our small business is struggling and we are trying desperately to keep afloat. We recently found out the form 16 which was used for the slab was forged and we notified the engineer in question.
Customer: replied 2 years ago.
One hundred and fifty thousand is the amount owing This makes the total outlay six hundred and fifty thousand on a one point two million project.
Expert:  Leon replied 2 years ago.
Good Morning
Did you win the case?
I assume the builder was not insured?
Customer: replied 2 years ago.
We were on our way to a supervised case when we received notice that he was in involuntary liquidation he did not attend the last three demands from the court to produce his expert reports which he had none . I suppose in theory we won but we lost . The insurance claim from the QBCC which the builder paid a hefty premium was paid but apparently did not cover our building which they stated in a letter saying that we were not insured for three townhouses. We are not convinced the system helped us at all but we will except the decision because we are physically and mentally unable to fight any longer we need to move on but try and pick up the loss . Do you think we would be able to negotiate a better payment plan or if not what are the repercussions ?
Expert:  Leon replied 2 years ago.
Good Afternoon
I am confused.
The insurance should have covered the damage caused by the builder as a result of his negligence.
Your claim is it just for that?
What are you offering to pay?
Customer: replied 2 years ago.
We are offering to pay four thousand five hundred per month as our salary is dropped by half the original agreement was
20 thousand plus gst. I don't understand the claim for insurance but a letter from the solicitors confirmed that the QBCC said they would not cover our town houses as we did not have the proper insurance to cover them .
Expert:  Leon replied 2 years ago.
Good Afternoon
Is there any Nominal Defendant in QLD?
It is a large sum and will take a while to pay.
I assume you have assets in your sole names?
Customer: replied 2 years ago.
I m not quiet sure what a Nominal Defendant in Qld Means
Assets are few not amounting to one hundred and fifty thousand .
Expert:  Leon replied 2 years ago.
Good Afternoon
If the builder did not have appropriate cover a government agency can take over and pay you.
This is the nominal defendant.
Customer: replied 2 years ago.
In Queensland its the QBCC and we exhausted that avenue .
Expert:  Leon replied 2 years ago.
The QBCC deals with the insurances that the builders have in place.
They do not cover unlined builders or those that have no insurance.
This is what I am asking about.