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Can I keep the laat progress payment?

Discussion in 'Legal Issues' started by Blikkies, 24th Sep, 2015.

  1. Blikkies

    Blikkies Member

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    Hi,

    Can I keep the last progress payment until the builder fix the house as per the building report? The first report was done at completion of the roof. The builder ignored to carry out any repairs on the property until after PCI, at PCI stage building inspector and I carried out another building inspection report. At this inspection the inspector told me nothing were rectified as per his previous report. CAN I KEEP THE LAST PROGRESS PAYMENT? I will pay them as soon as my house is fixed.

    PLEASE CAN ANYONE POINT ME IN THE CORRECT DIRECTION of solicitors that deal with issues like this

    Thanks in Advance
    Blikkies
     
  2. Peter_Tersteeg

    Peter_Tersteeg Finance broker and strategist Business Member

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    You can't keep it, but you can tell the bank not to pay the invoice until the problem is rectified, or possibly to withhold part of the payment.
     
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  3. Blikkies

    Blikkies Member

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    Thank you for the info Peter.
     
  4. thatbum

    thatbum Well-Known Member

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    Whether or not that is a good idea will probably depend on legal advice though.

    I would see Steve Boni at Western Legal in Fremantle if you're in Perth. He's a builder and lawyer and actively practises in both.
     
  5. Blikkies

    Blikkies Member

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    Hi thatbum

    Thanks for that. Yes I am NOR in Perth but will seek advice from anyone in Perth ad long as they can help me.

    Cheers
     
  6. Jess Peletier

    Jess Peletier Mortgage Broker - Australia Wide Business Member

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    I had a very similar situation recently and am still dealing with it - interested to know the builder if you wouldn't mind PMing me?

    I paid mine as the build took forever and I just wanted tenants in, but if I'd not been in a hurry I would definitely have held off payment until the work was rectified. (It wasn't anything structural, just some shoddy finishes).
     
  7. Perthguy

    Perthguy Well-Known Member

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    Unfortunately, this is not uncommon. My mate’s builder would not fix some faults and only ended up fixing them when he threatened to take the builder to the Building
    Commission. Basically:
    Lots more info here on page 57: https://www.commerce.wa.gov.au/site...rssurvivalguidesectionthreebuildingahouse.pdf
     
  8. Blikkies

    Blikkies Member

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