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We recently had a roof restoration on our home completed for…

Customer Question
Hi, we recently had...

Hi, we recently had a roof restoration on our home completed for $6,450. We had a quote and the business signed off on the work. A little while later, quite by accident, we found that a large part of the work, in fact the main work, was never carried out. The business acknowledged this and offered us a very small refund or then offered to complete the work. We have 45 photos showing that the work is of a very poor standard and have no faith in this very dishonest company. Please help Bill Tomasini

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

Hervey Bay Queensland 4655

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

We have sent an email to the contractor expressing our horror. He came to our place and admitted that the box guttering on the roof had only had two metres replaced instead of 16. This was the main reason we hired them.

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

They came to our house and inspected the roof and told us that no everything is fine. The proprietor said he personally passed up the new box gutter on the roof. The house is two story and the reason we found out was that another contractor inspected the roof for an unrelated matter and reported the faults. The roof also at this time started to leak again

Submitted: 3 months ago.Category: Australia Law
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Answered in 7 minutes by:
4/3/2018
Solicitor: John Melis, Lawyer replied 3 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,316
Experience: Principal Lawyer at Legal AU Pty Ltd
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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 3 months ago

Bill in relation to your important matter and the facts that you have described demonstrate the the works that were done are defective.

In this case you have several options, but firstly you should obtain an independent builders report confirming the defects and the cost to rectify the same.

Then what you need to do is raise a complaint.

You will have a claim under the Australian Consumer Law based on the facts that you have described and the Building Act for defective work. The legislative Act that applies is the Competition and Consumer Act 2010, Schedule 2 and the Building Act.

All contractor's warrant that goods or service are acceptable for their use/service.

Goods:

a. Goods must be of acceptable quality

b. Goods must be fit for purpose

c. Goods must match their description

d. Goods must match any sample or model.

Services:

a. Must be rendered with due care and skill

b. Services must be fit for the specified purpose.

c. Services must be provided within a reasonable time.

The contractor has several options they can provided where goods or services have not meet the requisite standard. The contractor can either repair, replace, refund, compensation, and cancel the entire contract.

What you need to do is to write a formal complaint to the company. This complaint needs to be in a chronological order detailing what is the issue and what action you have taken to try and rectify the matter.

The chronological order need to be be numbered with points 1, 2, 3, etc. with each point being a separate item.

The complaint needs to have detailed what you need fixed and for a time limit of a minimum of 7 days to apply.

The complaint then needs to be sent to the dispute resolutions department. Make sure you keep a copy for yourself.

Preferably send the complaint by email.

If you do not receive a reply within 7 days issue a follow up complaint to the first complaint issued.

If mediation fails or no response is received then it is time to commence an action in QCAT.

You may also have a claim of misleading conduct by the seller, under section 18 of the Australian Consumer Law. In general, misleading someone may include conduct ranging from lying to them, to making false or inaccurate claims, to creating a false impression, to leading them to a wrong conclusion, to omitting important information. Importantly, it is not necessary to establish that the trader intended to mislead or deceive. A person or corporation may have engaged in conduct that was misleading or deceptive even if they have acted honestly and reasonably. Silence may constitute misleading or deceptive conduct, but this will depend on the circumstances of the case.

The contractor cannot rely on a disclaimer or exclusion clause to protect themselves from misleading or deceptive conduct. However, the fine print will still be considered.

Would you like to try this option of the complaint first.

You have a legal right to protect your interests in this important situation.

If you need any further information 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 your important questions.

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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.

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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