Concreting company - not showing up, not doing the job according to plans, doesn't answer phone calls.
Dear Tasmanian Office of Consumer Affairs and Fair Trading,
I'm writing to you to seek advice.
I have engaged a concreter to pour a driveway at my property in Kingston Tas.
The concreter received a set of plans from the engineer to quote from.
We received various quotes back, we engaged a company to do the works.
Works commenced on the 26th of April, with the intention of being completed by the 6th of May.
In order for the driveway to be certified by the engineer, the engineer has to inspect the job prior to pouring concrete.
The engineer has raised concerns as the contractor has not cleared top soil to form a sturdy base to lay the road base onto. We have requested the contractor meet with the engineer to rectify works.
I organised for the 2 parties to meet on site. The concreter cancelled the meeting 10 minutes prior to the set time.
We were charged for the engineers visit.
I finally managed to get in contact with the concreter after half a dozen un answered phone calls. I wanted to explain the issue with the job as he wasn't clearing the top soil and was trying to pour the road base on top. He explained to me that it wasnt in his quote to clear the top soil.
I explained to him that if you didn't do this the concrete will sink and crack over time, hence why the engineer has requested it.
The problem we are facing is the concreter isn't communicating with anyone. Doesn't show up for weeks and isn't following the plans set out by the engineer.
He has been paid 40% of the $15571
I have zero faith in him completing the job properly.
The tenants at the property are wanting the job to be completed so they can get their yard back.
Where do we stand?
Can we terminate the concreter and request our money back?
Yours faithfully,
Kieran Murphy
0410791320
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Consumer Affairs and Fair Trading
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Dear Kieran Murphy
I refer to your email received at Consumer, Building and Occupational Services (CBOS) concerning a Concreting Company.
From the information received it appears that you have engaged a concreter to pour a driveway at your property in Kingston, Tasmania. On 26th April, the work commenced with the intention of being completed by 06th of May. In order for the driveway to be certified by the engineer, concreter received a set of plans from the engineer which would then inspect by the engineer before pouring the concrete. You were advised by the engineer that the contractor has not cleared top soil to form a sturdy base to lay the road base onto. You have organised a meeting for both parties to meet onsite to rectify work however contractor cancelled the meeting 10 minutes prior to the set time. It is noted that you have attempt to get in contact with contractor and request to cleat the top soil which he has declined as it was not in his quote. Since then contractor has ceased communication.
Please note, although CBOS can provide you with the following information on your consumer rights and how you may pursue these rights, we do not have authority to make a trader provide a remedy or compensation. Rather claims of this type may be lodged via the Magistrate Court of Tasmania.
Your consumer rights
Under the Australian Consumer Law (ACL), when a business accepts your payment for products or services they must supply them to you within the timeframe stated, or if no time was specified, within a reasonable time.
Business must not accept payment for products or service if:
*They do not intend to supply them
*They intend to supply materially different products or service,
*They know, or should have known, that they would not be able to supply the products or services within the timeframe indicated. Or if no timeframe was provided, within a reasonable time.
This part of the law is not intended to cover business who genuinely try to meet supply agreements, for example, if;
*They failure to supply was due to something beyond their control, including the act or omission by another person
*They exercised due diligence and took reasonable precautions.
It is noted by CBOS that you have only verbally contacted the contractor in relation to the unfinished concrete work and as yet the services not yet being provided.
We suggest that you refer to all the terms and conditions of the service you entered or quotation which was provided, ensuring they were complying with those terms of service. If you are not satisfied that terms and conditions have been fulfilled, you may wish to undertake the following steps.
Step 1
Formalise your complaint in writing to contractor we suggest using the information below and in the booklet to advice of your consumer rights.
Also, the following template letter may assist in writing the letter/ email, it can be found at the following link. http://www.consumer.tas.gov.au/fair_trad...
Step 2
If you do not receive a satisfactory response or a response is not received, you may forward your copies of the correspondence with all supporting documentation (quote, order, receipt, invoice etc.) to us for further review.
Step 3
As mentioned, if a remedy or negotiation are not offered, a consumer may consider lodging a claim in the Minor Civil Court of the Magistrate Court, as they hear disputes involving the recovery of money up to $5000.00. Legal representation is not required in the Minor Civil Court.
A link to their website follows: https://www.magistratescourt.tas.gov.au/
Step 4
If needed you may be able to seek free legal advice on this matter from;
The Legal Aid Commission of Tasmania: http://www.legalaid.tas.gov.au/
OR
Community legal centres in Tasmania: http://www.clctas.org.au
More information
For more information on your consumer rights, please see our website (www.cbos.tas.gov.au ) or the attached booklet;
Consumer guarantees - a guide for consumers (accc.gov.au)
We trust this information is of assistance to your enquiry
Thilini Wanniarachchi| Audit and Compliance Officer
Consumer, Building & Occupational Services
(incorporating Consumer Affairs and Fair Trading and Building Standards and Occupational Licensing)
Department of Justice PO BOX 56 ROSNY PARK TAS 7018
e: [email address] w: www.cbos.tas.gov.au
Dear Wanniarachchi, Thilini,
We have progressed further in this matter.
We have emailed the concreter discussing our issues and we have not received a response via email. I did manage to get a hold of the contractor and he confirmed he received our email.
The email said, please stop works until you have an on site meeting with the engineer to discuss the concerns he has with the unsatisfactory way you are completing the job.
He confirmed with me that he would meet the engineer on the Wednesday. He was suppose to get in contact with the engineer to organize a time as he shows up sometime between 9 and midday.
I messaged the concreter on the Tuesday evening. 'Are you all set to meet the engineer tomorrow?
He replied, 'Yes mate'
When we spoke to the engineer on the Thursday he informed us that no contact was made by the concreter.
I tried to call the concreter. No answer. I called again, no answer.
I messaged him, 'The engineer told us you didn't organize as meeting? What's the story?
He replied, ' Excuse me? when we spoke last week I said you organize a meeting next week on Wednesday before base being delivered at 12.30. I drove all the way down here to meet him for absolutely nothing besides packing up all my stuff. I'm glad I didn't get base or an excavator delivered. This Job is an absolute joke mate and I'm done with it. Two weeks in a row I've come down to see the surveyor (Engineer) they are all days I've pushed back other jobs. so many hours have been wasted and I'm getting no where with this job so I think its best you find someone else. 3 hour drive to meet a surveyor (engineer) who didn't even show up was the last straw'.
So we have asked for a refund of our 40% deposit as he has done absolutely nothing besides create a huge mess.
To which he replied, 'Deposits aren't returned in full if work has been carried out. I've added up the costs of everything so far gone into the job, excavator, fuel, diesel, wages and it doesn't even cover the cost of the deposit'.
He seems to think he should be sending me another invoice.
He seems to think that I should be paying for him to travel down from Launceston and back.
When we engaged him he said he was residing in Hobart.
He hired a machine, used it for half a day then went back to Launceston and left it sitting in everyone's way for the rest of the week.
We are out of pocket now $6228.60
Plus we have to rectify the unsatisfactory work he has already tried to do. Pull up a load of base that was incorrectly spread out. Tenants that are unhappy and will require subsidized rent.
We have not received any correspondents via email or text after we have asked for our funds to be reimbursed.
We are looking at hiring a new contractor to complete the works and both parties have said that the previous contractor has created a mess that will require substantial movement of soil to rectify and get the ground back to a solid state.
Yours sincerely,
Kieran Murphy
Dear Kieran
I refer to your recent enquiry to CBOS regarding this matter (Reference CE/22/1088) and advise that I can review this matter further.
To assist our review, could you please provide the copies of correspondence, invoice , quote you have referred to below.
As mentioned previously , I must advice again that although CBOS can provide you with information on your rights and possible options of how you can pursue this matter or possibly contact the trader, we cannot force them to provide you with a remedy.
I look forward to receiving the information.
Kind regards
Thilini Wanniarachchi| Audit and Compliance Officer
Consumer, Building & Occupational Services
(incorporating Consumer Affairs and Fair Trading and Building Standards and Occupational Licensing)
Department of Justice
PO BOX 56 ROSNY PARK TAS 7018
e: [email address]
Dear Wanniarachchi, Thilini,
Hi, I have the following documents. Can I have an email address to send to?
I'm finding it hard to add attachments on this site?
Yours sincerely,
Kieran Murphy
Dear Kieran Murphy,
Please forward the documents to below email address with the reference number CE/22/1088
[email address]
Kind regards
Thilini Wanniarachchi| Audit and Compliance Officer
Consumer, Building & Occupational Services
(incorporating Consumer Affairs and Fair Trading and Building Standards and Occupational Licensing)
Department of Justice
PO BOX 56 ROSNY PARK TAS 7018
e: [email address]
Dear Wanniarachchi, Thilini,
the email address doesn't show up. Just a link to another page.
The concreter is now telling me he will see me in court.
Also sending me a threatening message.
'I'll see you elsewhere too'
Where do I go from here?
Yours sincerely,
Kieran Murphy
Dear Kieran,
As mentioned earlier although CBOS is able to review a matter and request representation , we do not have the authority to compel them to provide a remedy. I understand you are not satisfied with the concrete work done by the concreter. When a quote is accepted , a contract is formed which binds you and your service provider to the detain contained in the quote.
Essentially this is a contractual dispute between the parties that requires independent legal advice and may require arbitration at the Minor Civil Court of the Magistrate Court of Tasmania.
We would recommend obtaining a second opinion from an independent and qualified person in writing. This may support your claim.
If needed you may be able to seek free legal advice on this matter from:
The Legal Aid Commission of Tasmania: http://www.legalaid.tas.gov.au/
Or
Community legal centres in Tasmania: http://www.clctas.org.au/
We trust this information is of assistance to your enquiry.
Kind regards
Thilini Wanniarachchi| Audit and Compliance Officer
Consumer, Building & Occupational Services
(incorporating Consumer Affairs and Fair Trading and Building Standards and Occupational Licensing)
Department of Justice
PO BOX 56 ROSNY PARK TAS 7018
e: [email address]