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I have engaged a Builder to oversee my house renovations. He…

Customer Question
I have engaged a...

I have engaged a Builder to oversee my house renovations. He has presented me with a bill, showing only name and price of those others he has engaged. Am I entitled to see the quote? If the quote states GST included should he show price less GST & charge GST after?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

NSW

Lawyer's Assistant: Has anything been filed or reported?

NO

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

This is Australian Law?

Submitted: 2 months ago.Category: Australia Law
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Answered in 2 minutes by:
12/17/2017
Solicitor: John Melis, Lawyer replied 2 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 1,679
Experience: Principal Lawyer at Legal AU Pty Ltd
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Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today.

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Solicitor: John Melis, Lawyer replied 2 months ago

what type of building contract did you have?

fixed contract or costs plus contract ?

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Customer reply replied 2 months ago
Verbal regarding work that I required
Solicitor: John Melis, Lawyer replied 2 months ago

in this case as there was no written agreement, you are entitled to question the costs and request copies of the contractor invoices.

would you like to talk on the phone as to how to do this the correct way ?

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Customer reply replied 2 months ago
No I prefer to type my answers
Solicitor: John Melis, Lawyer replied 2 months ago

ok.

It is important that you get the procedure correct to avoid a counter claim being raised.

I have extended a special offer to assist you if you prefer.

otherwise I will keep typing in this post ?

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Customer reply replied 2 months ago
Because I have hearing difficulties I prefer to receive type written answers
Solicitor: John Melis, Lawyer replied 2 months ago

sure.

Ok, in summary, you need to put everything aspect in writing.

you need to list the works that have been done in a chronological order, then reference each aspect in relation to quantity and the level of work completed for that specific traded, then you raise a question on the basis of costs as to those services.

you also need to address the fact that there was no written contract for works. This has to be done carefully to avoid a claim of unjust enrichment occurring.

my phone system does amplify the voice if that assists with your hearing.

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Customer reply replied 2 months ago
Basically I wish to know that I can request a copy of quote given to builder to acertain if what he had charged included GST. e.g. quote $4500 including GST. Then he charges me 15% builders charge & then 10% GST on top of that
Solicitor: John Melis, Lawyer replied 2 months ago

as there is now written agreement between the parties, you can in certain circumstances request a copy of the quotes from the contractor.

however, if there is any email or other form of communication that confirms you engaged him as a builder to complete a specific task and the builder quoted for that job, he does not need to provide the contractors quotes.

However, there are ways around this issue but I would need to explain by phone.

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Customer reply replied 2 months ago
there was no email to confirm a specific task
Solicitor: John Melis, Lawyer replied 2 months ago

are there any other parties that were witness to the discussions you held with the engagement

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Customer reply replied 2 months ago
$30,000.00 was transferred after he had confirmed verbally his agreement to work. No there are no other partied involved
Solicitor: John Melis, Lawyer replied 2 months ago

did you check to see if the builder was registered and did he provided the insurance cover ?

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Customer reply replied 2 months ago
he is registered no he did not provide incurance cover
Solicitor: John Melis, Lawyer replied 2 months ago

firstly he is suppose to provide insurance cover.

as the works are $30,000

As there is no contract, and there is an implied agreement with one party, the builder, not other contractors, the builder does not need to provide those quotes by the contractor to you.

Where you think the works are over charged you can raise a claim at NCAT.

however, I recommend mediating the matter at the present.

there are numerous issues when a builder has been engaged and there is no contract in place, but this matter can be resolved and the best to start the process is to talk on the telephone I can guide you with a plan to do so.

would you like to talk on the phone ?

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Customer reply replied 2 months ago
I again tell you I have an impairment & find talking on the telephone a problem
Solicitor: John Melis, Lawyer replied 2 months ago

Understand.

So in relation to the options I have provided to you in the post, what would you like to do: mediate with the builder or raise a claim at NCAT ?

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Customer reply replied 2 months ago
I would like to know if I have the right to view the quotes and establish that he has charged me the cost less GST Then added the GST after his costs of 15% builder fee then 10% GST on top of that?
Solicitor: John Melis, Lawyer replied 2 months ago

if there is no written contract with the builder there is no claim of right, unless your bring proceedings in the local court of NCAT for unjust enrichment.

so what action do you want take ?

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Customer reply replied 2 months ago
OK Can you let me know that a Quote including GST for example for $4500 can be charged and then the builder charges a further 10% GST on top of that?
He shows name of supplier on invoice but no details of charge other than $4500, I would like to know what that includes
Solicitor: John Melis, Lawyer replied 2 months ago

In your particular situation, where there is no written contract to define the terms of the relationship, GST will be born to the end.

As example, the bricklayer is a contractor, charges $1,100 for the work which includes 10% GST, then the builder puts there margin on this and then charges GST.

So effectively you will pay everyone's GST.

The only time this does not occur is where the contract is a cost plus agreement.

you may be able to imply this fact, but this would require a telephone discussion, as there are very detailed questions to ask.

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