Unlicensed Tradies

Discussion in 'Legal Issues' started by CaptainK, 6th May, 2021.

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  1. CaptainK

    CaptainK Member

    Joined:
    5th May, 2021
    Posts:
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    Location:
    Sydney
    Anyone here had bad experiences with doggy tradies?
    Recently (stupidly) engaged a tradesman on an "emergency building work" with an initial payment of $5k+, no written contract in place and later found out has he has is no licensed (aka handyman). He is chasing my tail for the remaining payments.
    Any of you successfully getting your money back or he is in the rights to charge the remaining payments?

    Thx
     
  2. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

    Joined:
    18th Jun, 2015
    Posts:
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    Location:
    Sydney
    Public Register Facts
    Home building contracts
    Building (general building work).

    Did they perform any work ? Is there a complaint about the work performed ?
    What was the contract work ? eg Landscaping may not be building work.
    Did the value exceed $5K ? This wont be covered by a warranty under the Home Building Act.
    Is it work that requires a license ?

    Fair Trading may advise you of rights and remedies to seek repayment or pursue a claim. And how to complain.You may also have a complaint to make concerning passing off as a licensed tradesperson. You may have legal right to refuse to pay (subject to a civil claim) and seek Fair Trading / Tribunal claim for a dispute to arbitrate this.

    Was an ABN quoted and tax invoice provided ? May be seperate grounds for reporting cash amounts paid to the ATO.


    Who needs to be licenced?
    A licence is required for:
    • residential building work valued at more than $5,000 (incl GST) in labour and materials
    • ALL specialist work regardless of its cost.
    Specialist work includes electrical wiring, plumbing, drainage and gasfitting work and air conditioning and refrigeration work (except plug-in appliances).
     
  3. CaptainK

    CaptainK Member

    Joined:
    5th May, 2021
    Posts:
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    Location:
    Sydney
    Thx Paul. Yes, they have carried out the work (not completed) to the sidewall of the building but no complaint about the work performed. the initial payment of the job was over $5k and he is chasing other additional payments that were not in writing
     
  4. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

    Joined:
    18th Jun, 2015
    Posts:
    23,504
    Location:
    Sydney
    Might be worth a solicitor to ask them to submit the contract, approved variations etc consistent with the Home Building Act. And they can also request the tax invoice for the sum already paid. That sends a nice hint.

    Install a HW wifi camera ? You dont want malicious actions or destruction. If so it becomes an insured issue and a police action if you can identify trespass etc
     
    wylie likes this.