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charles

Hi, Sorry very random question. We employed a builder to do a new build in East Auckland. We got a few quotes/estimations before we started. We decided to go with Builder A based on his initial consultation and he included in his price a few items that were not on the plans. This was to fence the property at the end. The builder was very eager to start and started the job without a contract in place. We kept asking for the contract etc. It was about 3 weeks till we got it. We signed it quickly as we trusted the builder etc and wanted to make sure we were covered by insurance etc. He did not give us time to get the contract checked by our lawyer. Anyways the contract states the scope of works as “per drawings and specifications”. As the fencing of the property is not on the plans the builder is now refusing to do this. We all agreed this was to be included before the job started and it was on his original estimate etc. But he is now saying the estimate and contract are not related. Any help would be greatly appreciated?? Please
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sam

Hi Charles,check out the following site for remedies http://www.legislation.govt.nz/regulation/public/2014/0361/latest/DLM6322564.html. The fair trading act covers this as you are liable for what you tell people,easiest and cheapest way would be to take it to the builders tribunal and represent yourself,take any evidence or witnessesyou have to support your case. The above site should give you an idea of what to do. It depends on what is in your contract as how you remedy disputes with your contractor. Give it a go and good luck.
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Source detailsComment #109144Reply to #109143Thread #109143Source link

rob

http://www.businessdevelopers.co.nz/
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Source detailsComment #109187Reply to #109143Thread #109143Source link

Steve

Hi Sam, thanks so much for the reply. Is that link for building works that have no contract? Or does that link supersede what’s in the contract. We have a contract in place now, but the contract start date and sign date are after the actual building work start date. Ie. We signed contract March, but works started early Feb. Alot of work had already taken place between these times.
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Source detailsComment #109145Reply to #109144Thread #109143Source link

sam

Hi Steve,so essentially you have a dispute over what the Builder told you he was going to do and what is in the contract. If your contract outlines dispute resolution procedures then you are required to go to mediation under its terms,if not you can go to the tribunal as they are there to resolve disputes so as not to involve the cost of litigation. This is more the fair trading act we are talking about as it is a verbal contract ,which is just as binding as a written contract,sounds like he has enticed you to sign the contract with an appetizer. You must put it in writing to him and give him the opportunity to reply. If he doesn’t reply then take it to the builders tribunal. In most cases when they serve the tribunal papers to him they reconsider their position. Unfortunately Kiwis take everyone as being honest but some people will take advantage of that. You do have rights and he isn’t leaving you any option. Hope it works out for you.
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Source detailsComment #109147Reply to #109145Thread #109143Source link