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We are a Heating and Cooling company. We have accidentally…

Customer Question
We are a Heating...

We are a Heating and Cooling company. We have accidentally damaged a clients ceiling - needs plastering and painting. Can we insist on rectifying ourselves with our own trades people. Client is holding up 100% of payment for installation and dragging their feet. Today they refused offer of one of our trades to go around and fix ceiling straight away, saying they wanted a quote first. Thank you very much Janet

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Hello Pear, we are in Victoria.

Lawyer's Assistant: What steps have you taken so far?

Offered to fix ourselves from the moment the issue was raised. Organised for plaster to ring customer which he did yesterday but he was refused access unless he wanted to 'quote'. Plasterer believes is a $200 job that he will do on the spot. Client is holding $10,000 for entire installation but it not progressing the repairs

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

Think that's it Pearl, thank you

Submitted: 1 month ago.Category: Australia Law
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Answered in 3 minutes by:
3/19/2018
Solicitor: Olivia Kent, Attorney replied 1 month ago
Olivia Kent
Olivia Kent, Attorney
Category: Australia Law
Satisfied Customers: 2,918
Experience: Partner at Kent Law Group, LLC
Verified

Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is for general information for educational purposes only and does not constitute legal advice. Communicating with an expert on this site does not establish an attorney-client relationship. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the site - but if you do want a phone call I’d be happy to do that as well.
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Solicitor: Olivia Kent, Attorney replied 1 month ago

Yes, you can insist that your tradespeople be permitted to repair the damage they caused. The client does not have an automatic right to obtain quotes and have repairs done which you then have to pay for. Please let me know if I've answered your question. If I have answered your question, if you wouldn't mind, could you please take a moment to submit a rating so that I receive credit for working with you. If you have any follow up questions I would be *happy* to answer them. Experts only get credit for the time and effort we spend on our answers if you rate positively - 5 stars is definitely appreciated but not required! It DOES NOT cost you anything at all to submit a rating; it just allows me to get credit for helping you - otherwise I get no credit at all. You CAN still ask follow up questions after rating. There may be a lag between your question and my answer; this is because I'm either not at my computer or helping someone else but I assure you I will ALWAYS come back and answer your question.

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Customer reply replied 1 month ago
Thank you Olivia - can you please advise under which Act, or Legislation this is covered in - or better still are you able to provide a sentence or two that I can use to put in written correspondence to them quoting the appropriate Act/Legislation and our rights? Many thanks Janet
Customer reply replied 1 month ago
is there a reasonable period of time that they must provide us access within, to do the job?
Solicitor: Olivia Kent, Attorney replied 1 month ago

Janet, this isn't an act/legislation sort of situation. There is nothing that states that you MUST be given the right to repair the damages - but neither is there anything in writing that has the alternative statement. These sorts of situations should - ideally - be addressed in your contract with the consumer and if it's not you would simply let them know that you can repair the damage caused but if they do not wish to have you do that you are not going to pay for the repairs that can be done by you (if indeed that's what you want to do). Please let me know if I've answered your question. If I have answered your question, if you wouldn't mind, could you please take a moment to submit a rating so that I receive credit for working with you. If you have any follow up questions I would be *happy* to answer them. Experts only get credit for the time and effort we spend on our answers if you rate positively - 5 stars is definitely appreciated but not required! It DOES NOT cost you anything at all to submit a rating; it just allows me to get credit for helping you - otherwise I get no credit at all. You CAN still ask follow up questions after rating. There may be a lag between your question and my answer; this is because I'm either not at my computer or helping someone else but I assure you I will ALWAYS come back and answer your question.

------------

Reminder: this site is for general information for educational purposes only and does not constitute legal advice.

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Solicitor: Olivia Kent, Attorney replied 1 month ago

Janet, I just realized your question was routed to the wrong database... you're not in the US so I need to have your question taken out of the US database and put into the Australian DB.

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Solicitor: John Melis, Lawyer replied 1 month ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 2,450
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

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Solicitor: John Melis, Lawyer replied 1 month ago

Summary answer

Janet in relation to the damage that has occurred to the ceiling, you can offer to the client to rectify the damage yourself with the appropriate trades that are qualified.

If the appropriate trades are not engaged, the client will have a larger claim to raise against the company.

The best option for the company is to allow the client to claim against the insurance of the claim and then let the insurance repair the damage as this will alleviate any further potential liability from the company.

If the customer agrees for your company to do the repair, you should enter into an agreement with the customer on the basis of a deed or settlement to ensure that the customer does not come back and back a further claim.

Deed will also protect your company from future liability as well.

You can come back to this post any time to ask questions and there will be no further charges to you.

Don’t forget to rate me 5 stars as this supports me helping the community, and thank you for using Just Answer.

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Solicitor: John Melis, Lawyer replied 1 month ago

Janet is there any other matter I can help you with, please let me know.

You can come back to this post any time to ask questions and there will be no further charges to you.

Don’t forget to rate me 5 stars as this supports me helping the community, and thank you for using Just Answer.

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Category: Australia Law
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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.

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