Paid for a fence that’s not getting built

My friends friend recommended a man that builds fences for a good price. I paid him 2.5k (bank transfer) to start and for the materials. He said it would take him 2 weeks to build, it’s been 5 months and he has only completed 10% of it. He has excuses every week which is bullshit. Yesterday he said he needs the rest of the money to complete it (as if). He doesn’t have a company. What can I do now?

Comments

  • +17

    For anyone else:

    dealing with tradies:

    Tell them what you want exactly how you want.
    Ask for a quote, WRITTEN quote. Not verbal, not sms, not a quick thing on a toilet paper. A proper quote. A quote includes the total price for EVERYTHING and the time the job will be done.
    Ask how much the deposit is: if they say anything more than 10%, walk away.

    If you get anything other than the above, walk away.

    • I got a written quote with details. He tricked me into paying him more. He started working (installed the posts) and said he needs money to buy the metal which is expensive.

      • +2

        your avenue would be small claims to be honest, but that won't be worth it. Even if you 'win', you'll need to apply for other things before you can get your money back. That's if he has any money.

        With tradies, skip the cheapies. Go with a licensed. Yes it's more expensive, but it'll get done.

        For small jobs, I've found airtasker isn't bad. You pay to airtasker, they keep the money until YOU are satisfied. Then they release the money.

        Breath in, and out; move on.

      • The cost of materials is probably less than 30% (You can easily google this).

        Don't give him any more money, until he has finished.

        I don't like your chances of getting the money back or the job completed.

        Perhaps if you get really stuck you could pay for the materials (directly to the supplier) and have them delivered to your house. At least if he skips out you will only have to pay for someone to finish the work.

        I'm guessing this is a colorbond fence about 50m (the going rate is $100/m) it's not that hard to DIY.

        • It was steel that he cuts, welds then takes it to a power coating place.

          • @Jumpup: custom fence?
            colourbond is usually easier…

          • -1

            @Jumpup: If he makes it up like that then cost of materials is even less. I'm guessing this is a bit fancier than a colorbond fence.

  • https://www.accc.gov.au/consumers/sales-delivery/non-deliver…

    What do you have in the way of documentation?

  • Does he have assets? That's pretty much the question. If he's broke, there's only so much you can do.

    • His car is worth $500 and he just came from Vietnam.

      • +2

        It might be worth telling him you are going to the consumer protection guys to spur him into action. However, this may just be an expensive lesson. Never give anyone more than 10% upfront and then make progress payments. Best of luck.

      • threaten to 'deport him' he may not know if you can.

        • +8

          yeah, tell him you know Dutton… lol

          • +4

            @holdenmg: He might just claim he is an Au Pair. They seem to be a protected species.

      • +3

        If all else fails report him to the ATO and immigration.

        It's a hard lesson but any business that can't afford the materials for the job isn't really a business.

      • he just came from Vietnam

        Did he build fences for a living in Vietnam, or were you his first customer?

        • He built a few in Melbourne

      • +2

        Eh. Your money is gone and he probably doesn't have a cent to his name.

        He probably owes a whole lot of people a whole lot of money/incomplete projects.

        If you give him money now, the person who is harshest on him will get their job moving, not yours.

        • Your money probably is on hold in crown casino. He wants more to get it back.

  • +19

    Mexico will pay for it.

  • My friends friend recommended a man

    What was the reason for recommending this man? … That the man would split the proceeds from you with the recommender?

    If not, see if your friend's friend can put some pressure on him - e.g. "I recommended you because I thought you were honest blah blah blah…"

    • It seemed legit. Apparently he did a few fences for a neighborhood. Good quality and good price he said. I don’t think they had a personal connection to split money.

  • name and shame.

    i gather they have a social media page of some form.

    Do they have complaints on their page?

    • I can’t find anything online, he isn’t even registered for GST

  • +1

    Sue your friend and his friend and all other friends involved. That is the only way to recoup your money.

  • Has no-one mentioned 'bikies' yet?

  • +3

    1) Get better freinds.
    2) DO NOT GIVE HIM ANY MORE MONEY
    3) Call a legit contractor to come and complete the job.

  • Tell him you will buy the materials rather than giving him more money.

    • I’ve already paid for the materials 2.5k. The steel bits wouldn’t be more than that.

      • If you don’t have the materials in your possession then my instinct is that he did not buy them and that he spent the rest of your money. This is why he is asking for more, I think spend the $$ with small claims court, it might spur him into thinking about the risks of being newly in country and having this hanging over his head (yes I am aware it is Civil and not criminal).

  • -1

    Small claims Court. Fight him tooth and nail. He might eventually cave.

    • Normally it's not worth the time and hassle. Even if you win if he has no assets you don't get a cent, AND/OR he goes overseas and you lose out anyway.

      • Make him do they then. No assets means he must declare bankruptcy right?

  • You have been CONNED!

    And voluntary bank transfer without referencing a quote or invoice.

    No legal way out of this one I'm afraid.

    Use heavy artillary

    PS Normally one pays in full on completion of the job when the invoice is issued!

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