Legal Advice Sought - I Have to Pay Repairer $3950 if He Didn't Get The Job to Replace My Storm-Damaged Roof

LForkinhell on 06/06/2022 - 14:29

We live in a gated-community in Qld. We had a pretty severe hailstorm that damaged our tin roof.

The builders who arrived to sign-up for an assessment had, in their contract, a condition that stated if the insurance paid out and they didn't get the job, then we would be liable for $3950 payment to them.

When I queried it, I was told all the properties were signing the same contract.

Since then, their service has left a lot to be desired - no return phone calls or progress reports etc. Five months later we're still waiting for some progress.

I understand that it is unethical, but is this legal, and can the payment be enforced?

Financial

Comments

  • AndyC1 on 06/06/2022 - 14:35
    +4

    Did the assessment say "quote" or "assessment" anywhere? Did it say "Repair Contract"? Did you sign anything? Never sign anything if you are asking for a quote as a quote nver ever needs a signature. A contract to do the work will need a signature.

    I would ring up the QLD government department that looks after builders and ask them when you have the paperwork they gave you in front of you as it sounds like they are a very shady company and one that may not be registered to do the work as the contract may be against the law.

    If you want to find out if it can be enforced you would need to speak with a lawyer.

  • bobbified on 06/06/2022 - 14:42

    When I queried it, I was told all the properties were signing the same contract.

    Who told you that? If it was the 'management' of this community you live in, I would be questioning what kind of kickback they've been promised by this company!

  • Hybroid on 06/06/2022 - 14:43
    +4

    You should not be asking legal advice on a random online forum and no one is able or should give you legal advice here.

    Having said that, your query depends wholly on what you agreed or signed up to. An assessment and a contract are completely different things. The former usually being non-binding quotation. So what is it?

    • garetz on 06/06/2022 - 15:26
      +1

      Dunno why you got negged, but you are right, the time to get legal advice is before you sign a contract not afterwards.

  • Jimothy Wongingtons on 06/06/2022 - 14:48
    +2

    When I queried it, I was told all the properties were signing the same contract.

    Ask for proof - tradies and 'management' of gated communities/apartment complxes are not exactly known to be 100% honest

    And if insurance is covering it why isnt insurance organizing the repairs?

  • SF3 on 06/06/2022 - 14:50

    Have you checked with your neighbours, to see if everyone is getting the same thing and what they intent to do?

  • Simoneee on 06/06/2022 - 15:01
    +4

    Sounds like a scam

  • Hardlyworkin on 06/06/2022 - 15:05
    +2

    Isn't the purpose of living in a gated community to keep the crooks like this out?!

  • jizmo on 06/06/2022 - 15:55
    +1

    Builder quotes the job. Owner sends it to insurance and they pay the owner.

    Owner pockets the money and doesn't get the job done Or pays his mate a carton of beer to bodge it up.

    Builder has wasted his time quoting.

    Happens all the time.

    • Almost Banned on 06/06/2022 - 16:26

      Yes, the scenario you outlined does.
      But it is not normal to enforce a contractual term that obliges you to pay nearly $4k if the owner decides not to use the quoting builder for the actual work.
      Was the work involved in quoting actually worth $4k? Was the job required worth $4k?

  • Muzeeb on 06/06/2022 - 16:57

    Post and ghost?

  • RebelOrlan on 06/06/2022 - 17:09

    I don't think it is a valid contract as it is uncertain.
    It's basically a type of agreement to agree. You don't even have a price.

    • TheMindsetTraveller on 06/06/2022 - 17:28
      -4

      There is a price, $3950.

      The owner needs a roof guy for insurance purposes. Without this quote, the owner cannot claim.

      So, the roof guy says "Happy to provide you with a quote (which the owner can send to your insurer) but if your claim gets approved AND you choose not to go with me (or you keep the cash), then you have to pay me $3,950 (for my time and quotation services)".

      Sounds fair to me.

      • garetz on 06/06/2022 - 17:30
        +3

        That is in no way fair, that is extortion.

        • Chandler on 07/06/2022 - 12:23

          Yes and no.

          If the $4k were for costs incurred during the quotation/assessment process, and were discussed up front (which would have likely involved OP entering into an agreement), then I doin't see a problem here.

          The builders who arrived to sign-up for an assessment had, in their contract, a condition that stated if the insurance paid out and they didn't get the job, then we would be liable for $3950 payment to them.

          Sounds like OP got storm damage, had it assessed and instead of charging OP for the assessment they claim it either transparently or opaquely through the insurer. If OP opts not to claim, then the assessor still wants to recover those costs.

      • Almost Banned on 07/06/2022 - 18:39

        I agree that garetz that it is not fair, but I agree with you that it is not uncertain and may well be enforceable (subject to unconscionability/unfair contract issues).

  • Gros21 on 06/06/2022 - 17:47
    +1

    Dragon roof something did the samething to me, they submitted a heap of paperwork to insurance company got 2 roof's replaced under insurance. They wanted to go a an approved agent on my insurance.

    They did a good job on the paperwork but no way was i signing anything certinally not give them that much power. I said give me paperwork ill copy it and sign it a copy for each place.

    They called up chasing progress i simply told them ive decided to go with someone else, they wanted money as per contract, i simply told them what contract i never signed anything. They soon went away.

    Pretty sure i still have contract here if someone want to see it.

  • askme69 on 07/06/2022 - 13:10

    Ring your insurance company. No need for you to be involved, apart from giving the go ahead.

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