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I have had to following situation happen to me and have

Customer Question
Hi I have had...

Hi I have had to following situation happen to me and have taken the person the NSW Civil & Administrative Tribunal. The magistrate there said it wasn't a matter for them so Jason and I had to come to an agreement. I want $5000 but he only wanted to refund my fee. Here are the details, can you please let me know if I should take further legal action

Lawyer's Assistant: Have you talked to a New South Wales lawyer about this?

When Jason ******* was contracted by myself/myself and my wife to complete a Section 96 application with Randwick City Council, which he did complete. We/I then progressed to contract Mr ******** to obtain the construction certificate for me/us. He made adjustments to the drawing. (changed the original drawing and extended the top floor of the house all the way to the boundary this was done as part of the section 96). On the 1st of February 2016 he asked me to use his private certifier to obtain the certificate. I engaged them to obtain the CC and waited for more than 8 months for them to complete this for me. I finally called in October to be informed be them that it was still incomplete. At this stage, I informed Jason that I will not be using the certifier he recommended but instead would go to council for the Construction Certificate, as I had originally intended. Jason gave me a list of requirements that I needed to do according to council guide lines to obtain the certificate. I addressed these and submitted to council. The response from council was that there was a list of requirements to be addressed prior to the certificate being issued to meet council guidelines. These requirements included • Architectural plans not being competed • there needed to be a fire wall between us and our neighbour after extending the top floor to the boundary (which we now need to submit another Section 96 to council with this fire wall in situ) Mr ******** then informed me that John (the engineer he recommended) would provide drawings for me (costing = $2376 and $1188) and we would not have to do this section 96. Between May 19 2017 and 31st October,2017, I repeated emailed and phoned Mr ******* with the council requirements which remained unanswered and unaddressed. On 31st October, 2017 I e-mailed Mr ****** to inform him that I was terminating our professional relationship and requested reimbursement for the fee paid to him for CC which he did not complete (his fee was $3168). I/we have had to hire another architect and start the process from scratch. There have been a lot of additional expenses now incurred as well as building cost sky rocketing The new Financial implications: Mr ******* – CC - $3168 Engineer involvement - $3564 $9108 Section 96: $1000 (approx) 12 month Build delayed ...$20000

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No not yet sorry for the broken comunication.... I just hit enter...?/

Lawyer's Assistant: Have you talked to a New South Wales lawyer about this?

Hi Peal are your still there..

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

All good

Submitted: 4 months ago.Category: Australia Law
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Answered in 9 hours by:
3/26/2018
Solicitor: John Melis, Lawyer replied 4 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,509
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 4 months ago

your claim of right to pursue damages, will be subject to the written agreement you with the trades and whether you engaged a licenced builder to act on your behalf or you project managed the builder yourself.

can you elaborate on the structure of the contracts, whether you were the project manager, supervisor, or or you totally contracted the works out to third party, with no input involved from yourself.

The reason this question is asked, is that from the facts you described it seems you were project managing the build, is this right ? As this changes the stance on liability and suing for damages.

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Customer reply replied 4 months ago
Hi John,
We didn't contract anyone, but the point was all the hold up and additional building expenses, the fact we had to get the drawings redone, the 12 months we lost and had to start again (back to the DA) in November this year, The fact he ignored the councils request and cost us more money. Does this not amount to anything....?
Solicitor: John Melis, Lawyer replied 4 months ago

There is the possibility for a claim of negligence which would cover potential damages that you seek.

Have you considered this aspect ?

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Customer reply replied 4 months ago
No, but should I go down this parth and what will be the likely outcome....????/
Solicitor: John Melis, Lawyer replied 4 months ago

you may go this path and the outcome will be subject to the weight of the evidence and how it is presented.

does this answer your important question today ?

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Customer reply replied 4 months ago
Okay, I will give you a call tomorrow to discuss
Many thanks
Tony
Solicitor: John Melis, Lawyer replied 4 months ago

In raising this claim you would need to bring a civil action, this could either being brought in NCAT or the Local Court on the basis of the breach of warranties under the Australian Consumer Law. If the matter is brought into the court you will be able to pursue your legal costs as well. In NCAT as you are aware each party pays the own costs, unless there are special circumstance that NCAT considers costs are to be awarded.

If you need any further information please let 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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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).

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