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This is a question regarding payment to a business to

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install a fence and gate...
This is a question regarding payment to a business to install a fence and gate. The contract was for a fence and gate built at the same height as and existing fence. There were several issues with the quality of the product installed and the fence posts are not level in height with the existing fence. Therefore we do not see the job as completed. We have made all payments as directed as per the acceptance of the quote less the final payment of $468. The company is danding final payment prior to completing the job (cutting the two fence posts down to level with the existing fence). They have also threatened legal action for an online review I left that states only the facts of how the job went down. Where do I stand with these items legally?
Submitted: 4 months ago.Category: Australia Law
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Answered in 5 minutes by:
12/12/2017
Solicitor: John Melis, Lawyer replied 4 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 2,439
Experience: Principal Lawyer at Legal AU Pty Ltd
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Solicitor: John Melis, Lawyer replied 4 months ago

if the job has not been done properly you have a right to dispute a reasonable amount.

what i suggest is that you obtain an independent quote from another party as to the difference, and state that in an email to the contractor you engaged, and then deduct this amount from their invoice.

this is a fair and reasonable approach.

what do you think ?

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Customer reply replied 4 months ago
The job is a five minute task. Cutting the top of the posts down by about 2 inches. I could do it myself but paid them to install the fence to our specifications. What I wanted to know is because they have not completed the job and we have not signed any documentation to say so are we legally obliged to make the final payment. Also can legal action be taken over a product review that states only fact?
Solicitor: John Melis, Lawyer replied 4 months ago

you do not have to make final payment if the job was not done properly, but you can only hold back a reasonable amount, which is based on the rectification position.

that is why an independent quote from another trade is important to determine what i a reasonable amount to withhold.

I recommend that you obtain this in writing as well.

the law will protect you.

does this answer your important question ?

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Customer reply replied 4 months ago
That answers the first part of my query. Do you have an answer regarding the defamation?
Solicitor: John Melis, Lawyer replied 4 months ago

you may be able to claim defamation but I will need a more detailed discussion on this point with you.

is there a possibility to talk with you by telephone, I have extended a special offer to you

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Customer reply replied 4 months ago
We are not claiming defamation, they are threatening legal action for alleged defamation due to a review I left them online
Solicitor: John Melis, Lawyer replied 4 months ago

can you type out the review, and advise which social media platform you used ?

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Customer reply replied 4 months ago
Productreview.com.aurted. After installation we noticed that the panels were scratched (back to bare metal in some places) and had scuff marks. Their answer to this was that 'all painted surfaces have scratches' they then suggested that they would come out and use touch up paint to fix the scratches. Spray paint is what they used and not a gloss black, a flat black which was very visable even from a distance. To their credit, after about 3 weeks they eventually the relented and said they would replace the panels although this took another 3 weeks to arrange and we suggested they lower the gate and fence height to lign up with the remainder of the fence as was originally requested, they lowered the fence but left the poles at their original height. We now have a gate and panel level with the remainder of our fence but with two poles sticking up above everything else. In my opinion not professional at all, I wish I had of found the reveiws on this company before we engaged them to do the job.
Customer reply replied 4 months ago
We asked for a black slatted gate with a small fence panel to replace an old gate and brick wall. Firstly it took over 4 weeks to have the job started and they didn't bother showing up for the job when they said they would and didn't call to say they weren't coming. This occurred at least three times before the job was started with very little or no communication from the company as to what was happening, it was us that had to chase them to find out when the job would be started.
Customer reply replied 4 months ago
It has been edited from this copy but I am awaiting the website to post the edited copy
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