Building problems
Even with the best of intentions things can go
wrong when you start out building or renovating, and you end up in
dispute with your builder. Tyrrells receives many enquiries from
customers and contractors asking for help.
- Make an appointment to
meet with the builder to discuss the problem.
- Before the meeting
make sure you have a complete list of the defects. This is where
Tyrrells can help you. Call us on 1300 131 270 or book an inspection on
the website and a trained Tyrrells' Building Consultant will inspect the
building and provide you with a report listing any defects or
incomplete work.
- Be calm.
- Be polite but firm.
- Be understanding
-- often the builder has been let down by a sub-contractor.
- Check the
insurance certificate on the contract (it should give you $200,000
protection). If the builder is rude, or is unreasonable, etc. print out
the claim form from the Office of Fair Trading website (click here to
take you to the web site) . Complete the form and attach Tyrrell's
report.
Copy the form and report and send it to the builder with a
brief covering letter saying that if the defects are not rectified
within 7 days you will file the claim form with the Tribunal.
If
the builder hasn't agreed to rectify the defects or replied to your
letter within 7 days, file the claim immediately.
The Tribunal
hearing
Tyrrells can help you prepare for the Tribunal. If you wish
to have your lawyer present you generally need permission (special
leave) from the Tribunal if the claim is under $25,000. Contact Tyrrells
for enquiries by phone on 1300 131 270 or by email to ask@tyrrells.com.
And
if something goes wrong
It is inevitable that you and the contractor
will have misunderstandings. The contractor will also make mistakes or
have unexpected delays This doesn't mean that there is a serious problem
or the job is going bad It means that you need to be ready to work with
the contractor to jointly solve any of the problems that crop up during
the job.
The best way to do this is to choose someone (before
the job starts) that you and the builder trust to talk over the problem
with. Don't overreact when something appears to be wrong. Remember the
good reasons why you chose the contractor and the good work he has done.
Clarify the issues quickly with help if necessary. This means checking
if something is really wrong, ie:
- What do the drawings require?
- Are
your expectations realistic?
- Is the work OK (there are tests for
defects)?
- If you are wrong, don't persist.
If there is
something wrong, focus on getting it right without anger, blame or
delay. Financial issues need quick action so that you and the contractor
know who is paying for what.
