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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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Home Building Act

Customer Question

Home Building Act
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year 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. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

What is your question?

Customer: replied 1 year ago.
Hi Leon;My name is***** from Thornleigh; sydney. In October, 2013, I entrusted a builder who used to be my family friend, to renovate three bathrooms of my two storey house.The builder, ***** *****, arranged her contractor, Mr. Liu bing to do the work. The entire renovation was completed in Dec of that year.However, Early April, 2015, I noticed excessive amount of liquid accumulating at the bedding of the tile floor in the main bathroom and leaking into the substrate of the timber floor adjacent to the doorstep of the bathroom, causing the floorboards warped badly.We made attempts to request Jesscia, having the problems rectified; but failed. neither Jessica nor Mr. Liu was willing to take the responsibility.I have filed an application to NCAT(NSW civil affairs tribunal) and the final hearing takes place on 22nd of Feb, 2016.The great challenge facing me is I did not sign any agreement with other party; nor did I ask the other party to issue out an invoice after the full payment was met.It is a verbal agreement between me and Jessica; I would like to know is this verbal agreement legally binding in terms of Home Building Act; and are there any precedent cases; would you be able to find the precedent cases from Austlii.Thanks for your time and looking forward to hearing from you.Sincerely yours;Simon Tao
Expert:  Leon replied 1 year ago.

Good Afternoon

You are covered under a verbal agreement and the builder has breached the law by not giving you a contract.

I also assume you have no home owners warranty insurance.

It is a contract. The Builder owes you that the job is done correctly.

Was he licenced?

Customer: replied 1 year ago.
Jesscia has builder license, but Mr. Liu is an unlawful non citizen and is not a licensed water proof installer.
Expert:  Leon replied 1 year ago.

Well She is liable as you have the agreement with her.

She is the one you sue.

He was her employee.

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