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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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I am an owner builder who is having an issue with my

Customer Question

Hi I am an owner builder who is having an issue with my electrician. I have waited 14 months to have the work completed as we have had to wait for him and his team to come out to our place and finish work off. There has been an odd occassion where we have had to put them off coming to do work as we were on holiday or not completed with the build in a certain area due to our builders wife sicness and him not being able to do the work on time for the electricians. Suddenly they have rushed to finish off the work which they have made several mistakes with and my husband has fixed. e.g. holes in wrong places and now he has demanded payment within 7 days for $9500. As the money we had put aside for him as been used to extend our building insurance and complete other work whilst waiting for the electricians to return. We still have money to come from the bank but it has to be approved by the bank and we cannot access it at this time. I have tried to explain this to the electrician and have given him $1000 of our personal money to show good faith that we are willing to pay the bill but he has told me that if we do not pay the money in full by this Thursday 17th he will take the matter further and we could be without power as the power points etc are still his until paid. Can he do this? The total bill to be paid is just under $8500. We have already paid numerouse months ago $8000 plus another $1000 today. How do we stand? There will be further work for them to do once we have the final floor coverings down and Kitchen installed and I'm concerned he may not come back or we have have to wait another 14 months to finish the work off. Also I'm concerned the work may not be to standard and we have no paperwork from him about this. Plus I'm not 100% happy with some of the work and he hasn't gone though the work with us yet he's demanding payment as he states as a small business he needs the money now. Can you please help with some advice. I'd be very grateful and feel he's a bit threatening now.
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No this has all come to a head tonight. I'd also like an independent electrician to check it out
JA: OK. The Lawyer will need to help you with this. Is there anything else important you think the Lawyer should know?
Customer: Only that he is trying to say it's all our fault and as a woman I think he thinks he has an advantage, but that's just my feeling
JA: Our top Lawyer is ready to take your case. Just pay the $5 fully refundable deposit and I'll fill the Lawyer in on everything we've discussed. You can go back and forth with the Lawyer until you're 100% satisfied. We guarantee it.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year 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. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.

Did you notify them of the mistakes and ask they fix them?

He can only take then out if there is a clause in the contract giving him the right to take them back.

You need to have the work checked and a report on what is wrong and you can claim against the electrician for the bad work and what it will cost to repair.

You may have to sue the electrician for not complying with the contract.