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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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I have a question. I had put my boat in to be restored on

Customer Question

hi there I have a question.
I had put my boat in to be restored on Boxing day 2014 with the confirmation from the boat builder that he would be completed by Feb. 2015, its now July 2016 and he has not completed this and when I speak to him he lies by telling me that he has completed stuff but hasn't done a thing. what can I do? thanks Garth
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Evening.

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.

Do you have an agreement in writing and has he started the work?

Customer: replied 1 year ago.
he has sent me an email on what was discussed to be completed and has sent me text messages updates which on inspection was not completed
Expert:  Leon replied 1 year ago.

Good Evening.

He is in breach of the agreement and you have a right to request the release of the boat. You will have to pay him for what he has done. If the boat is going to cost you more to get someone else to fix it then you can sue him for that cost as well.

Customer: replied 1 year ago.
ok so who do I speak to in regards ***** ***** matter
Expert:  Leon replied 1 year ago.

Good Evening.

Firstly you speak to him and give him a time limit in writing as to when you want if finished. The advise that if he does not have it finished by that time you will take the matter to court.

If he fails to comply with your time frame then you go to the local court and file your application.

I would suggest that you try and get photos of the boat and see another expert to tell you what it would cost to fix if it needs repairs. This person will be needed to give evidence in your case.

But the local court is where you go to file your documents. In victoria you would go to the Magistrates Court.