Problems with Project Manager for Property Subdivision

A Project Manager (PM) from Resiservices, was formally engaged for the subdivision of a property into 3 vacant lots in Perth WA. His contract warrants that he had the necessary skills and technical knowledge to undertake the works required. We agreed on progress payments for the subdivision, out of which the last one remains.

There have been issues and mistakes made by the PM at almost every step of the subdivision, including the Subdivision Application Submission, demolition, dividing fence, Watercorp land agreement was requested 7 weeks late, ignored the building easement requirements from Western Power which led to a 3 months delay, not following procedures with Western Power design works, titles not issued as instructed, etc. He has also been highly unprofessional and has coerced me to pay extra fees of over $39,000 which was never agreed for and unrelated to the land subdivision. He emailed all buyers of the lots and made defamatory statements towards me. List goes on..

I have emailed him requesting for him to fix his mistakes or I should be compensated for the losses incurred due to his faults, before final payment is made. Some of the mistakes have been made over 6 months ago and he still hasn't fixed them. His response (misleading statements, further threats) indicates that he is not willing to sort this out professionally, and threatens that he will take legal actions if he is not paid within 3 days.

Any thoughts on the above would be very much appreciated, thanks.

Comments

  • +3 votes

    Bikies.

    •  

      Ben Cousins…

  • +8 votes

    Get a lawyer, take a note of everything that has happened and preempt him taking you to court by taking him to court first.

  • +1 vote

    Did your independent check of the PM back up what he told you about himself?

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      He was a completely different person at the start, acted very nice and everything else. Once the formal PM Agreement contract was signed, he started denying any mistakes he made along the way. At the end, he turned into a totally different person, with threats, defamatory statements, misleading statements, etc..

  • -1 vote

    Any thoughts

    Get a good lawyer, I'd be doing that long before posting on a forum and leaving myself open to possible legal action for your accusations.

  •  

    Any thoughts on the above would be very much appreciated, thanks.

    As above, get a lawyer and review the contract you signed. Any losses etc you want to be compensated for will depend on the wording in the contract. Which if they drew it up, I'm guessing will be next to nothing.

  •  

    I've never heard of a building project manager being hired for subdivision? How big is this subdivision. If he is a certified PM then making defamatory statement and unprofessional conduct can be reported to the regulatory body for disciplinary action.

    Is he a part of a development or town planning firm? Do you have a legally binding contract in place and what does that say about variations, payment terms and termination of agreement? You'll really need to hire a lawyer it seems to guide you and navigate the contract in your favour if possible and to get rid of this clown asap.

    Just saw their profile. Seems like a small time builder taking you for a ride. They are definitely not a development or town planning firm and hence all the mistakes being made. Best to get a lawyer and get out of this mess.

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      3 lot corner block subdivision with no common property. He is a registered builder, but the contract I have with him is only for subdivision, and not construction.

      He used to be one of the ex-managing directors of a big project builder in Perth before there was a court case between him and the other managing directors. I do not have the details but he stopped working there since.

      Will sort out the mess legally, thanks.

    • +2 votes

      Just saw their profile. Seems like a small time builder taking you for a ride

      Parliament records suggest he has been around the block a few times and has a bit of a history with 457 visas. Even his published parliament response in hansard after being called out for ripping off 457 workers doesn't give me much confidence in him.

  • +1 vote

    and threatens that he will take legal actions if he is not paid within 3 days

    Bring it on I say!

  •  

    Lawyer up.

  •  

    Get an idea from your lawyer in the first meeting what it might cost. Could be simpler and cheaper paying him out than fighting in court for ages.

  •  

    Did you do any research into the character before signing?

    •  

      I knew him for nearly 2 years before I signed up with him in July 2020. He always says he's done so many developments, etc to sell himself but I did not know that he's not good at execution. Big thing was just because someone has been a Managing Director of a big building company, it doesn't necessarily mean they will be good at executing a subdivision. They've mostly been managing people and selling at that role.

  •  

    The PM was making mistakes after mistakes some 6 months ago and you continued with the engagement? Is this for real?

    •  

      It's a good point you raised and looking back, I could have dealt with that differently.
      He said that once he finishes the work, he will go back and fix his mistakes. When it came time for fixing the mistakes, then his story changed.