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  • Profile photo of cubster_2cubster_2
    Participant
    @cubster_2
    Join Date: 2013
    Post Count: 10

    Hi All,
    Just thought I’d share this recent experience with the forum. A bit about me, I’m a mechanical engineer working in the construction industry dealing with builders and contractors every day, so I thought I had a good understanding of the industry and had all my bases covered. But it might appear that he’s a wolf in sheep clothing.

    I am currently in negotiations with a builder to construct a duplex for me. We have not signed contracts, and it is all pending on finance approval. The site HAD a liveable house, until the builder moved onto site. I said he has the job, pending finance approval. He pushed to be allowed to setup on site, which I granted (i.e. fencing, toilet, getting ready). I gave him permission to remove a few sheds from the rear yard. He consistently pushed for being allowed to strip the internal of the house to which I advised him not to touch any of the house. As of this week, I have seen with my own eyes that he has stripped the inside of the house with no written or verbal approval from myself. He has removed the boundary fence which had asbestos, he’s stripped down pipes, hot water tank, small extension to the house.

    He’s had arguments with my neighbours, he’s removed more asbestos than he’s legally allowed to without a licence. One of my neighbours is a semi-retired builder and he told my the guy is going to be trouble once I sign a contract. Four neighbours have said he’s a cowboy.

    He never told me he had an argument with neighbours, he never told me he was taking down my asbestos fence, he never told me that my builder neighbour wanted to talk to me about erecting a replacement fence.

    I am now left with an uninsured shell of a house, with no rental income, and no finance approved. If finance falls through I can’t even rent it out again. Everyone in my construction network that I’ve told about this nightmare has told me the builder is insane to have done this without a contract. March 6th, he asked me via text if he could start stripping inside, I said not until lender sign-off.He asked again on March 12th because his guys needed work. I didn’t respond to that text.

    Has anyone experienced this before?

    This is insane. It’s kind of difficult to sue because the process could take ages to be compensated or he’ll just fold his company. I can’t imagine his insurance would cover any negligence on his part.

    So I might end up renovating a house rather than constructing a duplex.

    These are all red flags to me, would anyone else agree?

    I’m really interested to get some feedback on this please….

    S

    • This topic was modified 4 months, 2 weeks ago by Profile photo of cubster_2 cubster_2.
    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,173

    wow!

    Even if finance is approved would you want such a guy building for you?

    Terryw | Structuring Lawyers / Loan Structuring Pty Ltd
    http://propertytaxbook.com.au/
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Aust wide) http://propertytaxbook.com.au/

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,173

    Perhaps you might have some recourse to insurance, although you did give him permission to be there so he is not trespassing.

    Best to seek legal advice.

    Terryw | Structuring Lawyers / Loan Structuring Pty Ltd
    http://propertytaxbook.com.au/
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Aust wide) http://propertytaxbook.com.au/

    Profile photo of Steve McKnightSteve McKnight
    Keymaster
    @stevemcknight
    Join Date: 2001
    Post Count: 1,749

    Heck, this IS quite a story. It’s definitely one to get some legal advice on, but being a cowboy, will you be able to recover and collect anything even if you get a judgement? Is there any kind of insurance you can claim on? Government building scheme?

    – Steve

    Steve McKnight | PropertyInvesting.com Pty Ltd | CEO
    https://www.propertyinvesting.com

    Success comes from doing things differently

    Profile photo of NickPNickP
    Participant
    @nickrightfinancial-com-au
    Join Date: 2019
    Post Count: 2

    You’ve definitely got yourself a cowboy of a builder there! I imagine it will be difficult to get him to vacate the site if he’s already settled in there. I’ve heard of some pretty nasty stuff dodgy builders have done when they have been kicked off a job site, so you need to be careful what action you take. How far off are you with getting the finance approved? Perhaps sit down with the builder and explain your concerns to him so he fully understands where you are coming from.

    NickP | Right Financial Pty Ltd
    http://rightfinancial.com.au
    Email Me | Phone Me

    Find the right mortgage expert at Right Financial

    Profile photo of Scott No MatesScott No Mates
    Participant
    @scott-no-mates
    Join Date: 2005
    Post Count: 3,847

    @cubster_2 – have you checked whether he holds a builder’s licence (for the type of work that he’ll be undertaking)? Reference check?

    Has he taken out home warranty insurance? If not you may have little recourse through fair trading/VCat other than stopping them undertaking more work elsewhere.

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