Building Designer Missed RFI deadline - my rights?

Well applying for a subdivision planning permit. Wanting to knock down and build 2 townhouses. This has been going on since December 2017, and we had yet to get the paperwork lodged to council. We've had an RFI with some changes they wanted. After getting an extension that my building designer had applied for without asking/telling me, they had a deadline for the 4th of May to lodge the required documents.

On the 2nd, he gets in touch with me and asks me out of the blue, what colour scheme I wanted to submit to planning. Short notice, but anyway, got these to him on the morning of the 3rd of May, less that 24 hour turnaround.

Asked him how the lodgement went, and heard nothing from him for a couple of days. Yesterday I receive an email from them, saying sorry, but we missed the RFI deadline, and we'd need to start the application again! I am furious! It's a waste of a good 6 months work and money, and am not sure what I can do about it now.

He's offered to pay the application fee, and start it again, but I've lost confidence in the company, and want my money back and be done with them. I've asked for my money back, and they've said 'Sorry a refund is not something I am prepared to consider.'

What are my options here? Has anybody else been in this position? Are there any lawyers that specialise in these cases? I've got a record of every email ever sent between us. It is definitely a case of them dropping the ball. I've always provided what they asked for when they requested it.

Any advice/help would be greatly appreciated.

 

You could get another extension through VCAT but i would just take old mate's offer of him paying the new application fee.

Tools

 

@Tools thanks for your reply. Can't believe that they can get away with such things without consequences though.

 

Understandable but the cost taking him to court will be unlikely to be worth it. Most lawyers specialising in business contracts should be able to provide advice for this if it deteriorates further.

 

Building designer ? You mean architect or draftsman ?
I would use a TP and rely on a higher skill set.

 

Tower crane operators are up there too!

 

I guess the question is how much do you need them and how do you get to the end of your project in the most expedient way.

Once project is complete you can leave some carefully worded, accurate online feedback.

 

Hi

I would ask this person that you are paying to work on your behalf why the deadline could not be met? The response you receive should determine what you do next.

For me?, I would no longer use them and find someone else that actually works in your best interests.

Regards,

alicudi