Advice on Tribunal Matter with a Tradie

Ltezbeah on 05/06/2023 - 21:49
Last edited 06/06/2023 - 10:52 by 2 other users

Hi all, just after advice on what to do in my situation.

So basically, I hired a builder to do some external and internal works on my home which cost $32K in total. Unfortunately I made a big mistake by paying him in cash. I was actually happy with the job until one of my mates (retired builder) come around and check it out. He pointed out a few things that looked very dodgy. So called the builder and asked him to fix the problems and he said he would be happy to come back and fix the problems after he comes back from overseas.

Meanwhile my builder mate told me to get a post inspection report so I did and I emailed him the report. After chasing him for 3 months he finally got back to me and said he would only fix some of the issues because apparently my house already had some those issues mentioned in the report so he does not take any responsibility. Now I do not want him to touch my house ever again. I contacted fair trading and I was not satisfied with their process so I am thinking of finding a resolution through NCAT.

My mate told me that because there was no invoice I won't be able to receive anything of him. Is this true? I got all the emails, messages for receiving final payment. Because it was a cashie there was no contract signed.

Has anyone experienced a similar problem? Will I be able to get some of my money back or am I just wasting my time here?

Thanks in advance.

Home & Garden

Comments

  • SnowDragon on 05/06/2023 - 21:51
    +9

    You paid 32k for a cash job?

    • tezbeah on 05/06/2023 - 21:52

      Unfortunately :( he was recommended by a friend.

      • coffeeinmyveins on 05/06/2023 - 21:56
        +20

        What the f does that have to do with anything?

        32k is 32k even if you pay for it in cash you get receipts and invoices.

        Jesus how do you own a property?!

        The emails and smss may constitute a verbal contract if you can prove it. Depends how much evidence there is.

        Also maybe try telling this tradie that you'll be reporting him to the ATO because 100 percent he isn't declaring any of that income.

        • AustriaBargain on 05/06/2023 - 22:14
          +3

          Intergenerational wealth? Or skilled professional in a technical area that doesn't involve dealing with dodgy people maybe. I've worked with some developers who I'm surprised every single morning wasn't robbed by the wallet inspector on the train to work.

      • Eeples on 06/06/2023 - 00:49
        +4

        Ex-friend.

  • Almost Banned on 05/06/2023 - 22:02
    +3

    If the value of the work was over $5k then he was required to enter into a formal written contract with you.
    If it was over $20k its an even more comprehensive contract.
    He is also required to be licenced. Was he?

    • tezbeah on 05/06/2023 - 22:07

      He is licenced but I did not ask for home builders insurance. He did provide me a list of things he was going to do in his quotation.

  • amzinguserman on 05/06/2023 - 22:33

    Was there a lot of issues from the report ?

    It would be good if you redacted your personal info and post it up.

    If you dont want this guy to fix the work , try to get a quote from another builder(s) to see the cost of rectifying it all.

    Its not the receipt thats important but the "scope" of work.

    The argument at NCAT will be along the lines " I agreed to fix the plumbing at this part not the part in the report".

  • AustriaBargain on 05/06/2023 - 22:38
    +3

    Sounds like you paid for a pretty sweet holiday for him.

  • happydude on 05/06/2023 - 22:47
    +23

    So you booked an under the table cash job to avoid our system of government, then when it goes pear-shaped you want that same government you undermined to step up and help you.

    Have I got this right?

  • ihbh on 05/06/2023 - 22:48

    A good example of penny wise, pound foolish.

    "I'll do it cheap for cash mate."

  • Wiadro on 06/06/2023 - 00:29

    Man why would you hand over 32k in cash to a tradie.

    Like my limit is 10k cash for any transaction. Anything over is an official transaction and I need a invoice

    • Protractor on 06/06/2023 - 12:58
      +3

      "why would you hand over 32k in cash to a tradie"

      Doing the laundry

    • Chandler on 07/06/2023 - 12:58

      my limit is 10k cash

      You're generous.

      I won't hold myself to this, but I'd say my limit would be <1k cash.

      IMO if you can't get it out of an ATM, it shouldn't be in cash.

  • Eeples on 06/06/2023 - 00:48
    +3

    I can’t believe how ignorant I am that 32k ‘cashie’ jobs are a thing.

    I plainly live in a different world.

    • websterp on 06/06/2023 - 01:48

      Next time when you are on the road just count the RAMs and Raptors and now you'd know how.

  • ssfps on 06/06/2023 - 01:47
    +1

    Is a "cashie" different than "paying cash", because I've paid cash for plenty of transactions that are above board, declared to the ATO, received an invoice for, etc. For the way people are discussing this, is sounds like a dodgy detail eg no tax declaration, no license?

    • EightImmortals on 06/06/2023 - 07:04
      -1

      A lot of people have been conditioned to believe that anyone who uses cash is a mafia king pin and only up to no good. The same type of people actually believe that stopping the government from stealing even more of your money is somehow a bad thing. And when you mention it they start mumbling about 'roads 'n' schools 'n' stuff and then get cranky.

      • Drpepper666 on 06/06/2023 - 09:01
        +2

        No cash is also used by dodgy tradies, try reading the OP before posting.

        • EightImmortals on 06/06/2023 - 09:07

          Oh I read it. In this case the dodginess seems to be in his work not in his payment method. :)

          Though if your point was that once they have your money you'll never get it back then I will concede that. But I've also seem similar things happen when people have paid with other ways and still lost their money.

    • justdigi on 06/06/2023 - 09:05

      A no tax invoice/no receipt ‘cashie’ is totally different to ‘paying cash’ for a transaction that comes with a tax invoice and receipt. The first one could be dodgy and indicate no tax being paid and no builders insurance. Paying cash for the second type is fine as tax is declared and insurance covered.

      • Protractor on 06/06/2023 - 12:59

        " A no tax invoice/no receipt ‘cashie’ is" called black market operation

  • EightImmortals on 06/06/2023 - 07:02
    +3

    How come you didn't get your mate the building expert to do the job?

    • pharkurnell on 06/06/2023 - 10:08

      that was my first thought..

      • Protractor on 06/06/2023 - 11:22

        Because his mates building skill set matches his advice quality.
        In this 'alleged' tale of woe, the term 'mate' is over stated.

  • thatonethere on 06/06/2023 - 07:26

    Could always drop a dime to ATO as the last throw of the dice once we have no options left.

    However you could cop a random load of builders rubble in your drive if they find out it is you.

    • EightImmortals on 06/06/2023 - 08:05
      +2

      Cos dirty snitches get dirty brickses?

  • Ocker on 06/06/2023 - 08:08

    Well worth joining OZB to air your dilemma, and of course you did expect to get a heap of criticism, yes?

  • BewareOfThe Dog on 06/06/2023 - 08:58

    I expect that if any work is completed by other builders, that it will your expense. It's up to the builder to fix their issues, unless they have a friend that does similar work, but he's spent all your money in Vegas.

  • pharkurnell on 06/06/2023 - 10:05

    Member Since 12 hours 46 min ago

    … he would only fix some of the issues because apparently my house already had some those issues mentioned in the report

    Sounds fair to me.

    OzLegal and OzDodgeyTradie at your service

    • Protractor on 06/06/2023 - 11:30

      "Member Since 12 hours 46 min ago"

      Aren't VPNs great?

  • Protractor on 06/06/2023 - 11:09

    Another unbelievable scenario…

    Has builder mate.
    Uses other builder. (mates advice)
    Things go pear shaped
    Asks and accepts EVEN further advice, from the same bloke.
    With mates like that be glad he did not take the lost $32.
    But be grateful life dishes up such lessons.
    Also be even more grateful you weren't going to have life saving surgery via a surgeon recommended by one of your medical 'mates'.

    *Will now find a mate, who has a mate (studying law) who will act as a legal advisor, for cash.

  • Protractor on 06/06/2023 - 11:33
    -1

    Block out the personal identifying details and upload a photo of the report, gaw-awn.

  • Porker on 06/06/2023 - 13:24

    Perhaps speak to a legal representative, but a contract may still exist even if no invoice exists.

    Sounds like there are emails, and evidence of work being peformed. Presumably there's documented agreement to work within the emails?

    But sounds also like you have no experience auch that you'll likely need to pay legal fees to pursue.

  • blitz on 06/06/2023 - 13:41

    I am thinking of finding a resolution through NCAT

    Oh please do this, OP, and let us know how it goes?

  • tezbeah on 06/06/2023 - 17:03
    +6

    Thanks for the roast people.. I got a quote for all the fix ups which I found it reasonable and very surprisingly the builder has agreed to pay for it with no hesitation. Looks like he did not want to deal with NCAT..well this was a life lesson for me.

    • heal on 09/06/2023 - 14:51

      Unfortunately it seems that kicking someone whilst they are down is a favourite pastime here in OzBargain-land.

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