Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

This is a question regarding payment to a business to

Customer Question
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: 7 months ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 5 minutes by:
12/12/2017
Solicitor: John Melis, Lawyer replied 7 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,335
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today.

Ask Your Own Australia Law Question
Solicitor: John Melis, Lawyer replied 7 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 ?

Ask Your Own Australia Law Question
Customer reply replied 7 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 7 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 ?

Ask Your Own Australia Law Question
Customer reply replied 7 months ago
That answers the first part of my query. Do you have an answer regarding the defamation?
Solicitor: John Melis, Lawyer replied 7 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

Ask Your Own Australia Law Question
Customer reply replied 7 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 7 months ago

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

Ask Your Own Australia Law Question
Customer reply replied 7 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 7 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 7 months ago
It has been edited from this copy but I am awaiting the website to post the edited copy
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
863 Satisfied Customers
Experience: Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Deborah Awyzio is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

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:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

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

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

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

Leon

Leon

Solicitor

27,635 satisfied customers

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

Daniel

Daniel

Solicitor

5,940 satisfied customers

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

John Melis

John Melis

Lawyer

3,335 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
Back to the Windows issue we are discussing. The builder is
Hi John, back to the Windows issue we are discussing. The builder is getting back to me. Still no luck getting a window manufacturer to quote yet. To keep things moving along and give you more backgro… read more
John Melis
John Melis
Lawyer
3,335 satisfied customers
We've been slowly renovating our house and have had numerous
We've been slowly renovating our house and have had numerous experiences with trades people taking us for a ride. Our latest gem was a fence that was replaced about 18 months ago. Today I found down t… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
I need some legal advice regarding the wording of a
I need some legal advice regarding the wording of a contract, we are building a house which is nearing completion and are having issues with the builders… read more
John Melis
John Melis
Lawyer
3,335 satisfied customers
Maurice. We are having fence problems with out new
Hi Maurice. We are having fence problems with out new neighbour. They have threatened to replace the fence and put a caveat on our property to regain their cost. They have only just moved into a 3/4 r… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
My neighbour and I own the adjoining houses that were built
My neighbour and I own the adjoining houses that were built +- 1989. The previous owner of my neighbours property installed a swimming pool near the common boundary in 1993. There is no retaining wall… read more
James D. Ford
James D. Ford
Lawyer
1,600 satisfied customers
Peter My husband and I have a DA property which included a masonry wall on a
Hi Peter My husband and I have a DA for our property which included a masonry wall on a road (we have a corner block), which Council suggested. There are 3 elements to this wall (although the same mat… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
. We live in a slight hill. We have just built a new house.
. We live in a slight hill. We have just built a new house. We have added grass to our back yard. Our neighbour is asking us to pay 1/4 of the cost of the retaining wall because of this. He has a pool… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
Hi Leon, I have some questions about retaining walls. Do
Hi Leon, I have some questions about retaining walls. Do you have extensive knowledge with these? I am looking for legal advice. I dropped the land height in my backyard by 1m. Q1. I found an existing… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,940 satisfied customers
Reading your advice re "additional fence", we are in a similar
Reading your advice re "additional fence", we are in a similar situation. we live in a company title block of 4 with the 2 top units having the usual asset of back yards due to the slope of the block,… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,940 satisfied customers
Hi, First would like to let you know that my English is not
Hi, First would like to let you know that my English is not very good and will try my best to explain the situation. My husband is a fence contractor and has been in the business for about 10 years. R… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
Dear Maurice. I live in Queensland and have to replace an existing
Dear Maurice. I live in Queensland and have to replace an existing timber post and sleeper retaining wall which has deteriorated due to age, rot and termites. The wall was constructed, I believe, some… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
I would like to know what rights are conferred on the dominant
I would like to know what rights are conferred on the dominant land owner or tenant by a "Right of carriageway variable width" which has the following text on the plan lodged with the creation documen… read more
Brisbane-Lawyer
Brisbane-Lawyer
Lawyer & Solicitor
Master
14,357 satisfied customers
I own a property in Sydney, NSW with a german shepherd, two
I own a property in Sydney, NSW with a german shepherd, two adult sons and a swimming pool built before 1990. One of the neighbouring houses was recently sold and the new owners with three very young … read more
Brisbane-Lawyer
Brisbane-Lawyer
Lawyer & Solicitor
Master
14,357 satisfied customers
I have a neighbour who is being a bully with threatening behaviour
I have a neighbour who is being a bully with threatening behaviour to get us to severely trim some trees on our property so he can have a better view. His house sits behind our house, higher up on a h… read more
Brisbane-Lawyer
Brisbane-Lawyer
Lawyer & Solicitor
Master
14,357 satisfied customers
We had large scale landscaping and excavation done in our backyard
We had large scale landscaping and excavation done in our backyard last year and our property is higher than the neighbour's next door. Our neighbour believes that the retaining wall we had built betw… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
I live in NSW and built a brick dividing fence wholly on my
I live in NSW and built a block retaining wall and block dividing fence wholly on my property in 2008 which is rendered and painted on my side only. It was not constructed on the boundary as our diffi… read more
Peter G.
Peter G.
Solicitor
Bachelor\u0027s Degree
767 satisfied customers
My neighbour on the downhill side of our 5 acre property has
My neighbour on the downhill side of our 5 acre property has built his entrance road adjacent to the fence and has banked the earth up by up to eighteen inches, preventing water leaving our property. … read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
Land purchased on new estate, no neighbour houses constructed
Land purchased on new estate, no neighbour houses constructed 2007 Plans for house & retaining wall designed on current layout of land 2007 Neighbour to left built up his land by 1m unbeknown to us be… read more
Maurice
Maurice
Lawyer
Master's Degree
1,980 satisfied customers

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 (last updated February 8, 2012).

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 (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x