Hi,

my dad was in the construction industry and I know exactly what you are going through. Some people are absolute bastards and take advantage of anyone they can. They think a good deal is one where the other party is screwed and killed.

The only advice I can give is to seek legal advice. Yes it will cost but unless you are prepared to go around and break kneecaps its the only thing you can do. You can't appeal to their sense of fairness as they don't have it.

If you really don't want a solicitor to represent you, perhaps there is a claims court where you might be able to represent yourself.

Ask him if he knows what sound a Milwaukie tractor makes, possibly 3 or 4 at one time, and particularly around 4am. Worked in a flash for a chap I know, was paid up in full 24 hours later. [}:)]

1 thing - do not do anything which gives them a legal leg to stand on.....and document / diarise all your efforts to get paid..

U choose -
1) personal service approach....
but way less stress is 3rd party
2) Legal service approach.... (Before U do this check how much equity they have in the site as U would aim for full cost recovery including legals - if v.low refer below re-mortgager).
(Debt recovery often means profit loss using agency due to costs - at least legal approach cost get awarded in this sort of case.)

Before U go too much further - get a court order over the property to ban sale / transfer of ownership if it is not clear.
U can also find out whether property is mortgaged (assuming it is a house / domestic property / office construct) and approach lender as they have a vested interest in the value of the property remaining intact.

Best of with good & speedy resolution.

Cheers
Rick

cut off his hand, good old arab justice

Feel for you ! It is very stressful.

I am a builder in WA and this happened to us not long ago. We are members of the Master Builders Assoc. we approached them quickly and they appointed a an independent adjudicator(this was under the Construction Contracts Act 2004 WA).

Under this system the client had 14 days to respond to the claim and then the adjudicator made a decision(legally binding) it was awarded to us and client had 5 days to pay up, which they did. Cost was $1100 each party, to get back $24k. Bear in mind we had a signed contract and all proper documentation, and job was perfect.
Not sure of the system in Vic, but the key is act really quickly, i believe this has to be applied for within 21 days of non payment.

Approach your area Housing Industry Association or MBA even if you are not a member they should be able to help, as they deal with all the time.
Debt recovery business is the last resort they will not give all the angles of approach as they have vested interest in doing the recovery themselves.

Above all don't let the bastards beat you, stay honest, ethical, hope it works out for you mate. Let us know. I hate these pricks. If you paid for the materials and it is something that can be taken out, you still legally own it till its been paid for as far as i am aware, the problem arises that you will be trespassing to get it.

I am interested to know, did you have a written contract(verbal is legal, espec. if there are witnesses) ?
Did the project manager or architect engage your service ?
Have they made any payment at all and have you issued invoices, overdue notices ?
You can also take caveat out on the property, which will stop them selling etc depends how much they owe you i guess.

yes thanks blokes, the client is wealthy, he has a two digit numberplate on his top of the range two door Merc and just bought 9 large TV's for his new multi million dollar beach house at Lorne... he is old though
Gibbo, there is a contract,all signed of variations, there is a project manager who is employed by them to manage the architect who in turn I work with to achieve the construction. The project is perfectly constructed and presented in all aspects... anally perfect. The clients know they are in breach of contract, the project manager and architect are about to resign there positions due to the irrational behavior of the surgeon, he is using his stealth to coerce and intimidate, he will not win.. both the two blokes resigning will provide an email trail.
I have learnt over the years also to, as they say in legal circles, write correspondence that is " self serving" to your needs and views so paint a picture that is entirely to your benefit depicting the facts as you see it, its good practice.I have such emails through the entire project...
I have been completely flawed by their attitude as it is based entirely on their position of wealth, power and greed.
I still have the keys to the property, I have changed the locks, screwed windows closed,changed the alarm code and have all the neighbors onside....
I am slowly gathering myself, to take on the might and power but so as long as I have the blood flowing through my body being a descendant of the mighty Ned Kelly, I will not rest until I win.... albeit without the armory..
Raising my issue is also about making people aware of the pitfalls in construction whether you are a consumer or in construction the main key is communication and have some flexibility in outcome....its a ****in painful and unnecesary process let alone a **** of an Industry to be involved in...

ockanui said...
I still have the keys to the property, I have changed the locks, screwed windows closed,changed the alarm code and have all the neighbors onside....

I would have thought this would be enough to force communication? The lawyer track would most likely prolong the agony. I hope you can bring it to a head soon and move on from it - I feel for you.

Over all the years that I did contract work for farmers, builders, councils, owner builders etc- not once did I have to ask for my money.
My invoices were always paid on time- if not early.

But that might have been due to the type of work I was doing for them

All the best mate- you are in the right and I hope it all works out for you.

Caveat + move in to the place yourself until you are paid in full, sounds like the way to go

Stephen

you have to give him written notice that he is in breach and give him 7 days to rectify. keep it short and to the point.
construction contracts act might help same as what paddymac said
then maybe a bluey - court order
maybe petition to wind up his company
caveats on properties may create more problems as he may counter sue you for delays in using his building

I got similar, but delayed too long in taking action, a year later im taking action
the construction contracts act you have to act within 60 days

Today Tonight or A Current Affair?????

You have 4 available options:

Today Tonight
Hells Angels - violence
Take your costs out on his personal property (discreetly)
Confront him with legal action in the court

Send a letter in writing of your intentions to add recovery costs and interest to the final bill if it is not paid in full within 5 business days.

If the bill is not paid in full in that time then it will be passes over to a recovery agent and then to court proceedings if still not recovered.

This is what all the BIG companies do now, so you can too.

Good Luck and fight hard.

Give me a call.
I'm a Quantity Surveyor, and I can give you a few contract tips.
Usually locking them out works... Which you have done...
Is there a chance that they have run out of money?
Bad investments elsewhere...?

Give me a brief of the situation, and I'll get you some free preliminary advice from my "contracts and disputes" colleagues.

PS - I broke a board today. ... The only positive is that it is effectively $1k lost, and I'm guessing your problem has much bigger consequences...