Unauthorised work - where do I stand?

Discussion in 'Property Management' started by Bran, 27th Nov, 2015.

Join Australia's most dynamic and respected property investment community
  1. Bran

    Bran Well-Known Member

    Joined:
    20th Jun, 2015
    Posts:
    3,626
    Location:
    At work
    I have a place in Cairns - paying exorbitant insurance on a 3 bed house (5000k pa). As per other threads, I've been getting quotes.

    Elders (allegedly one of the cheaper) required confirmation that the roof was up to code.

    I asked my property manager for an inspection to verify - she came back with "its not, it needs roof screws. Would you like me to arrange a quote?"

    I responded - "Yes. A quote only - for now".

    I've just called the roofer to clarify whether this is all it needs, and he tells me he is on the roof now, has put in about 1200 screws, and that he has a work order to complete the job!!

    I was awaiting Elders to give me a hypothetical quote to see if the cost was worth it!

    Where do I stand?

    I'm happy enough IF Elders can give me a premium that makes it worthwhile (still waiting a call back), but if not then I'm not happy that I should foot the bill for work I didn't approve!
     
  2. vbplease

    vbplease Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    1,575
    Location:
    Brisbane
    There was a similar thread not too long ago about the property manager authorising work that was unapproved.. I guess your first recourse would be through the small claims tribunal if you want to fight it. Should be pretty easy to prove as the property manager should have something in writing from you to approve the work..
     
  3. vbplease

    vbplease Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    1,575
    Location:
    Brisbane
    Off topic.. I'm interested to know why your insurance company wants you to upgrade your roofing? Simply adding in more roof screws doesn't make it compliant if the battens aren't screwed correctly. Was the roof installed recently and they know only the roof sheeting screws were non-compliant?
     
  4. Bran

    Bran Well-Known Member

    Joined:
    20th Jun, 2015
    Posts:
    3,626
    Location:
    At work

    This is PRECISELY why I hadn't given the go ahead for the work!!
     
  5. Bran

    Bran Well-Known Member

    Joined:
    20th Jun, 2015
    Posts:
    3,626
    Location:
    At work
    I emailed my PM (paper trail and all), and she replied "I didn't give him the go ahead either" !!!
    Now what? (I can ask her now)


    Anyway, Cairns up date:
    Rentals slightly softening, nothing dramatic just current demand not so great
    Tenants very sensitive to rent increases - no increase on the horizon
     
    Last edited: 27th Nov, 2015
  6. Kesse

    Kesse Well-Known Member

    Joined:
    14th Jun, 2015
    Posts:
    891
    Location:
    Cairns
    Ask him to send a copy of the work order to you - that will show the 'work' requested ie PM asked for quote only or stuffed up and asked for job to be completed.
     
    BigKahuna likes this.
  7. vbplease

    vbplease Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    1,575
    Location:
    Brisbane
    So the cowboy builder didn't get authority from anyone? Tell him politely since the work wasn't authorised and he was to quote only, then he's not getting paid.

    He will most likely go back to your house and recover his screws leaving you with 1200 holes in your roof.. file a claim with you insurance company for malicious damage. They pay for your new roof.. all code compliant :D
     
  8. Bran

    Bran Well-Known Member

    Joined:
    20th Jun, 2015
    Posts:
    3,626
    Location:
    At work

    Genius!!
    A friend needed to replace his roof as it was old and leaking into his kitchen (veeeeeery flash kitchen and renovated house).
    THe insurance came out to investigate his minor claim, looked at the roof, told him there was hail damage and replaced it for nothing.
     
  9. Xenia

    Xenia Well-Known Member

    Joined:
    16th Oct, 2015
    Posts:
    3,863
    Let the property manager deal with it. They should be able to produce evidence on whether it was a quote request or a work order that they sent out
     
    BigKahuna and wylie like this.
  10. bob shovel

    bob shovel Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    6,935
    Location:
    Lower Blue Mountains
    Ahhh the old "work order" seems tradies and PM's use that one to their advantage!! We were waiting air con repairs, LL did a dodgey install, rang the pm multiple times to get fixed. Old mate shows up and said he knew about the job for weeks but never got a work order so knew not to come out. Seems this guy is going the other way to get a start! Lol

    He'll know it was a gamble to start. Is construction quiet up there? Let the pm deal with it, instruct them your not paying. That's why you use a pm! Lucky you spoke with him to get a heads up
     
  11. Bran

    Bran Well-Known Member

    Joined:
    20th Jun, 2015
    Posts:
    3,626
    Location:
    At work
    The PM definitely didn't order it.
    Ill pay him if and when it achieves what I needed it to, otherwise no deal.
     
  12. WestOz

    WestOz Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    1,259
    Location:
    WestOz
    At a guess I'd say it's an older place with a corrugated roof,.
    In the old days they used roofing nails to hold the sheets down, with movement over the years the nail holes get/got bigger than the nails, sometimes bigger than the nail head, lets rain in, easily rips the sheets off in strong winds.

    Bugga of a job, the nails are usually in Jarra so not easy to get out without breaking them, or damaging the sheets, then ya have to get the tek screws in ensuring the holes are sealed.

    Easier to put in teks then silicon the nails.
     
    WattleIdo likes this.
  13. S.T

    S.T Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    641
    Location:
    Melbourne
    Probably figured while he was on the roof to check it out and quote on it, that for an extra hour's work he could finish it off. Hope the bill aint too bad and roof is now compliant.
     
  14. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

    Joined:
    18th Jun, 2015
    Posts:
    42,003
    Location:
    Australia wide
    What if he sues you? Will you be willing to fund a legal battle?
     
  15. Bran

    Bran Well-Known Member

    Joined:
    20th Jun, 2015
    Posts:
    3,626
    Location:
    At work
    Sues me for what?
    I've got a paper trail demonstrating no work order, and if he can't produce one, then what?
    No, he just said the spacing was every 3rd or 4th batten rather than every 2nd, which is apparently the modern cyclone standard.
     
  16. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

    Joined:
    18th Jun, 2015
    Posts:
    42,003
    Location:
    Australia wide
    Sue you for breach of contract.
     
  17. Bran

    Bran Well-Known Member

    Joined:
    20th Jun, 2015
    Posts:
    3,626
    Location:
    At work
    I don't believe I entered into a contract, and the PM asked him for a quote. It seems she sent a work order for another property and he confused the two.

    Does he really have a case? To get on my property and do work to it, then expect me to pay?
     
    TMNT likes this.
  18. Jamie_

    Jamie_ Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    402
    Location:
    Perth
    How much are we even talking about here? do you think the work was required?
     
  19. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

    Joined:
    18th Jun, 2015
    Posts:
    42,003
    Location:
    Australia wide
    Well you might have to prove that in court. He will no doubt argue you, or the agent, gave a verbal go ahead. It will cost you to do this and if you lose you will have to pay your costs and some of his legal costs.

    But he may not sue.
     
  20. Bran

    Bran Well-Known Member

    Joined:
    20th Jun, 2015
    Posts:
    3,626
    Location:
    At work

    $1200
    If it doesn't allow a building inspector to say that the roof is up to code, then it's insufficient.