Australia Law

Have Australian law questions? Ask a lawyer now.

Connect one-on-one with {0} who will answer your question

Back in 2011 I had a balcony sealed & waterproofed by a

Customer Question

contractor Peter Page( Phoenix construction)...

Back in 2011 I had a balcony sealed & waterproofed by a contractor Peter Page( Phoenix construction) with a Sika product. The job cost me a little over $20,000.00 inc gst. Now that I am ready to tile, it appears the job was badly done & needs to be re done. Is there any come back with the contractor even though there was no guarantee in writing, only told by Peter Page it would last 10 yrs. he is still working in this line of business.
Keitha Banks-Smith, Hobart. Tasmania

Submitted: 7 years ago.Category: Australia Law

Show Less

Ask Your Own Australia Law Question

Answered in 1 minute by:

3/30/2016

Solicitor: Leon, Solicitor replied 7 years ago

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,728

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Verified

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 advice but a guide to assist you.

Do you have any agreement and did they provide you with their builders licence details?

Have you had an independent builder look at the job and advise you of the issues and if they are because of the negligence of the contractor?

Customer reply replied 7 years ago

This work was carried out at a unit block and there was an agreement for work undertaken for Salamanca Mews Body Corp. Peter Page, contractor, is accredited sealant applicator.
We recently had Sika representative look at work - did not realise there was a problem until we went to lay tiles in December. Seems all trying to pass buck. Because Sika representative was not himself involved initially, he seems to be wiping his hands of it and when the contractor doesn't take calls it makes it very difficult.

Solicitor: Leon, Solicitor replied 7 years ago

Good Evening

So the body corporate organised the work?

The body corporate then has to sue them.

They should have some agreement with him.

Customer reply replied 7 years ago

Body Corp had an agreement for work that he was doing at units & I employed him to do my deck while he was there on site.

Solicitor: Leon, Solicitor replied 7 years ago

Good Morning

So the issue with with your own private work.

He is liable and you can sue him but you need details of what the issue is and confirmation that he has been negligent. He should have insurance but if he does not he is personally liable.

Have you had a report form an independent person?

Was this answer helpful?

Yes

How JustAnswer works

Describe your issueThe assistant will guide you

Chat 1:1 with a solicitorLicensed Experts are available 24/7

100% satisfaction guaranteeGet all the answers you need

Related Australia Law Questions

My father has a client who is difficult and my father who is

Hi, my father has a client who is difficult and my father who is an architect/builder has terminated the contract due to lost of trust. The client wants their deposit and my father has agreed to give … read more

John Melis

Lawyer

Bachelor's Degree

35,824 satisfied customers

We need help dealing with a traids dispute. Victoria. We

We enlisted a tradesperson (Peter) to install some stone kitchen benchtops. We purachased some high end second hand cupboards that he said that he was confident installing as well as he has had many years of experience in kitchens. Essentially, we hired him to do the two jobs separately and paid separately for each job. He installed all the cabinetry at an hourly rate and he provided us with receipts. Then Peter installed our engineered stone benchtops and did a poor job at best. There were issues from the very start. He did a very sloppy job; the joins were messy and required a lot of filler, the edges were not crisp and sharp as you would expect and he overcut in spots, which he just filled with filler. The real issues started to appare within weeks of the benchtop being installed (before we had even moved into the house). Within two weeks of the installation the joins (where the stone slabs meet), were spliting. We contacted him and he came and refilled the cracks. The joins cracked again within a month. He said that he can't explain why it kept cracking and that it would be best to wait and see what happends - not to refill in case there was movement and to leave it for a while to let it settle. One of the joins was near our sink. We were concerned that moisture would get into the cracks and cause the substraight to swell, and cause even more damage. We brought this up with him and he said it wasn't a problem because he uses a waterproof membraine over the entire substraight. Within a few months of this, one of the stone slabs cracked (not near the sink). We contacted him again and he had no idea why it would do that and accused us of standing on it. He said that he could contact the manufaturer. we were told the manfacturer agreed to give him a replacement slab of stone and he would replace the stone and refill the cracks. He said that he didn't want to do it right away becuse it was winter and he needed to work in our yard and it was muddy. We were happy to leave it for a while. We decided to get a second opinion from another stone kitchen traids person. He put a level on the benchtop and said that the stone wasn't level and probably cracked from the strain. We have lost faith in Peter's ability to fix the issue and his craftmanship. We know it is going to be a big disruption to have our benchtops replaced and we would like it to be done properly this time. The benchtop intallation cost $3600. We will most likely need to replace the spashback tiling when we replace the benchtops. THis cost us $900. The second trademan believed he could potential replace the stone without destroying the tiles however it was not a gurantee. We are seeking your advice on how to persue the issue. Preferably we would like to settle this without going to VCAT (as youre aware this would save us both time and money). We need to know what we are allowed to say in a letter to Peter and what we are entitlled to ask for; ie can we ask for $2500 or we take you to VCAT or is that considered blackmail? What would you recomend in terms of steps to take from here. … read more

Daniel

Solicitor

Bachelor's Degree / Graduate Diploma

7,683 satisfied customers

I recently booked accommodation which has been changed by

hello, I recently booked accommodation which has been changed by the property owner due to another party making an error with their booking they are a party of 9 and we are a party of 7 - we booked a … read more

John Melis

Lawyer

Bachelor's Degree

35,824 satisfied customers

We contracted Roof Seal to respray and care for our roof

Hi we contracted Roof Seal to respray and care for our roof nearly 10 years ago in order that we may install solar panels on our roof. My husband is a builder and noticed paint peeling where it should… read more

Leon

Solicitor

52,728 satisfied customers

I have an on going complaint with Qld Building and

Hello, I have an on going complaint with Qld Building and Construction. I had some renovations done to my home ending in Christmas 2010. A;work was done by licensed tradesmen. … read more

Leon

Solicitor

52,728 satisfied customers

I engaged a waterproofing contractor did the bathroom

I engaged a waterproofing contractor did the bathroom renovation 45 days … read more

John Melis

Lawyer

Bachelor's Degree

35,824 satisfied customers

I had a commercial cleaner do a Rental Vacate clean on

I had a commercial cleaner do a Rental Vacate clean on 9/4/2018 including Oven and Carpet Steam & Shampoo but was not happy with the job overall. They had a Satisfaction Guarantee and did a return cle… read more

Leon

Solicitor

52,728 satisfied customers

I had a domestic solar installation done on my primary

Hello, I had a domestic solar installation done on my primary residence in Nov 2015, we thought that it was functional and compliant, however we reciently discovered that the application for it's inst… read more

Leon

Solicitor

52,728 satisfied customers

Back in January 2016 I had a leaking balcony at our private

Back in January 2016 I had a leaking balcony at our private residence. I engaged a builder to strip the existing balcony and had him relay Hardies scyon exterior flooring and he installed it as per the suppliers specifications. I then engaged a tiler to give me a quote on waterproofing the decking and laying of tiles (which I supplied the tiles). He inspected my balcony and I was told that he could undertake the job which included supplying and installing a waterproof membrane to balcony area, expansion joints and supplying of all other materials to complete the job. He undertook the works in March 2016. In June 2017 we had heavy rain on the Saturday, the following day there was water dripping from the underside of the balcony in numerous places and also water leaking through the down lights. I went back to the tiling place where I purchased the tiles and who gave me the name of the tiler to use and they advised he no longer lived in the area and had moved interstate. I finally tracked him down in September 2017 and I sent him an email. I did not get a response until January 2018 when I contacted him again. I explained the situation and he directed me to the web page of the waterproofing membrane that he used. I then contacted this company by email. I received a call back approx a week later and I explained my situation. The rep of the company asked me to contact the tiler and ask him what process he undertook in regards ***** ***** laying and sealing of tiles to which the tiler has not responded yet. During this time, in Dec 2017 I contacted another company called Megaseal who came down and inspected the balcony. They advised that the membrane had failed and there were cracks in the grout where moisture had penetrated through and also inadequate sealing around the perimeter of the tiling. I obtained a quote which is $11,000 and they can repair it by removing the grout and injecting a latex solution into the joints and then regrouting with waterproof grouting. This comes with a 2 year workmanship guarantee and 25 year product guarantee. Because time is of the essence and the more rain we receive the more damage is occurring, I want to engage Megaseal to repair and rectify the problem. If I pay a deposit by this Friday 2/2 they can start the works Monday. My question is - if I engage Megaseal to go ahead have I got any financial recourse from the tiler and/or manufacturer; or if by engaging Megaseal waiving my rights for any compensation? Thanks Rob Masut … read more

John Melis

Lawyer

Bachelor's Degree

35,824 satisfied customers

I engaged a cleaning company to clean the property. A cleaner

I engaged a cleaning company to clean the property. A cleaner came to clean the house and fell. She claim that the working environment is not safe. Should I be responsible for her fell?… read more

Patrick H.

Lawyer

5,422 satisfied customers

, I've got a solar case. Can you help advise how strong

, I've got a solar case. Can you help advise how strong a position I raise legal proceeding against them. Brief: System purchased/installed by GreenHome GreenPlanet: - Contract signed: 30 Mar 2011 wit… read more

James D. Ford

Solicitor

1,600 satisfied customers

My partner is one of 2 directors of a small business

My partner is one of 2 directors of a small business employing around 14 staff in Adelaide & Melbourne. Her share at the start up on the business 8yrs ago was 31% but our business partner (owner of th… read more

James D. Ford

Solicitor

1,600 satisfied customers

Hi my name isXXXXX am a sole trader as a diesel mechanic.

Hi my name isXXXXX am a sole trader as a diesel mechanic. What rights do I have with regards XXXXX XXXXX annual leave etc. I have worked now for 5 yrs, subcontracting to one company. I have just recen… read more

James D. Ford

Solicitor

1,600 satisfied customers

ABN number and a right for compensation due injury

Hi, I'm working with ABN number and I just invoice my company after every week. Before that I was a full time worker. Now I've injured my back muscle, possible a nerve by lifting heavy boxes, working … read more

Leon

Solicitor

52,728 satisfied customers

Hi I am a director for constructions company, my husband is

Hi I am a director for constructions company, my husband is the builder, he signed on a paper contract to finish 9 units town houses for his friend. His friend (the owner) promised him money in advanc… read more

Leon

Solicitor

52,728 satisfied customers

Hi Peter, how are you I have eventually had part of the discussion

Hi Peter, how are you? I have eventually had part of the discussion about my rooms. They are not in a hurry. They have agreed to alter the rooms so that the sound is better by moving one wall, hence 2… read more

Peter G.

Solicitor

Bachelor's Degree

767 satisfied customers

I have a lease on rooms in a medical centre with the practice

I have a lease on rooms in a medical centre with the practice owner. The lease is stipulated for three rooms. In fact I have 2 rooms with a divider in one. I am a psychologist and so can not possibly … read more

Peter G.

Solicitor

Bachelor's Degree

767 satisfied customers

My Company was contracted by a sydney based company to supply

My Company was contracted by a sydney based company to supply Production Management services. After 35 continuos 10 to 12 hours days I was suddenly fired and left with no money, no car or phone and no… read more

Maurice

Lawyer

Master's Degree

1,980 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer ar Show Less

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.

JustAnswer in the News:

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!
Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.
EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.
MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.
Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!
ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.
TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.
Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

John Melis

Lawyer

35,824 satisfied customers

Family Law, Commercial Law, Property law, Probate & Wills, Employment Law, International Law, Criminal and Traffic Law, Litigation Tribunal & Courts

Leon

Solicitor

52,728 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Solicitor

7,683 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

Patrick H.

Lawyer

5,422 satisfied customers

Dip Law LPAB - Sydney based lawyer

James D. Ford

Solicitor

1,600 satisfied customers

Lawyer | Founder & CEO at Blue Ocean Law Group

< Previous | Next >

Show MoreShow Less