Jump to content

Opinions sought
should we get legal advice?


  • Please log in to reply
10 replies to this topic

#1 JAMFC

Posted 19 November 2012 - 06:53 PM

Hi

We had some big trees that needed to be removed from our block - got several quotes.

Decided on a contractor we liked and got him to come back and take another look at the job, just to confirm he could do the job. He decided it was actually a bigger  job than he first thought and wrote us out another quote (quote 2) - we thought quote 2 was too high and negotiated a reduced price on the spot - he changed the price on the quote to reflect the new price (quote 3).

We agreed that he could keep the timber and that after the job was complete and we'd paid that he could have some extra time to remove the timber from our yard as he was going to slab it and sell it to recover some costs. He indicated that the job would take approx 1-2 weeks and that he would need about 2 weeks extra for the timber removal.

We paid a deposit and he started work about 3 days later.  This was about a month ago now.

During tree removal he went several times and did cash jobs for neighbours (at least 4 we know of just in our street). There were some days he couldn't work due to high winds etc.

Damages - one neighbour's shed crushed and fence pulled down, one neighbour's concrete slab smashed. One lattice fence smashed, gutter from our 3 bay shed ripped off.

He kept asking for progress payments through all this which we paid (was not discussed prior to work starting though).

Finally after 4 weeks, all trees were down and our garden looked like a lumbar yard. He demanded full payment and we said we'll pay you when the damages are fixed.  He went off his tree (!) and started abusing my DH saying he was going to smash his head in etc.

He emailed saying his quote was going to change, then put quote 2 in our letterbox and said that we now owed him extra for this (it was a carbon copy that he had ripped out of the book before he changed the price). We responded by saying we would pay the original quote as agreed - he even wrote 'Fixed-price guarantee' on quote 3!

Last Friday DH went and bought a new shed for the neighbour (as we were tired of waiting and our neighbour is elderly and we wanted to make things right for her) and we built it on Saturday and said to the tree guy (who had come to fix the slab) that we'd take the price of the shed off his bill - he agreed to this.

On Sunday we paid him a further progress payment to show good will as he had started repairs and stated that the remaining amount would be paid when repairs were completed.

He has now come back again saying we have to pay him the increased quote and that if we don't he will take us to the small claims court.

WDYT??

#2 eachschoolholidays

Posted 19 November 2012 - 06:59 PM

I'd tell him to take you to small claims court, but based the story you have given here doesn't quite add up for me.

#3 mitty82

Posted 19 November 2012 - 07:00 PM

Messy, keep all written evidence. Get everything from now on in writing. Hearsay isnt that good.

As for the damages to others, has he got insurance??
Cos if not than the damages is up to you to pay as far as I am aware.

#4 laridae

Posted 19 November 2012 - 07:00 PM

Let him take you to court.  You'd probabby win anyway, so I reckon he's just bluffing you.

#5 qak

Posted 19 November 2012 - 07:01 PM

Its this guy a licenced contractor? Did you get consent from council for the tree work?

I would be checking if he had insurance ( I bet not) ... But I think my first call would be to your state department of fair trading.

#6 Mrs Lost Wanderer

Posted 19 November 2012 - 07:03 PM

I'm really not up on the rules/laws re: tree removalists but shouldn't he have insurance that covers and damage that may happen while he's doing his job? Damages should be paid by him in my book. Does he work for a larger company or is it just him? Wondering if there is someone higher up you could speak to about this? Even threatening to bash your DH is so not appropriate in any circumstance.


#7 tothebeach

Posted 19 November 2012 - 07:07 PM

They can only chase you for a price you have agreed to.  Have you signed quote three?  If that is the only signed quote that he has, then I don't see how he can chase you for a higher quote retrospectively.

We had this happen with a tradesperson, who gave a fixed quote and after the job was finished tried to charge more.  Department of Fair Trading laughed and told us that he wasn't allowed to do that.

Edited by tothebeach, 19 November 2012 - 07:08 PM.


#8 elmo_mum

Posted 19 November 2012 - 07:11 PM

friends of ours are tree loppers...
and i doubt that they are like
(hope its not them, we r in vic..

go to small claims - keep the receipt for the shed
take photos of EVERYTHING
and keep everything!

and fwiw - any tradie who ask for progress payments is a nutter - yes this is hindsight....

#9 JustBeige

Posted 20 November 2012 - 05:59 AM

No he is not allowed to change the price mid job.  

He should be paying for all the damages. thats whatt his insurance is for

He cant take you (well he can but I would expect them to laugh at him) to small claims court.  You have been paying him progress payments even though it hasnt been agreed to originally.

I would be absolutely talking to the Dept Of Fair Trade about this and if necessary making an official complaint so they can investigate.

#10 Apageintime

Posted 20 November 2012 - 07:24 AM

Office of fair trading in your state or small claims court

#11 morgansacre

Posted 20 November 2012 - 08:19 AM

When we subdivided our block we had to remove two big gum trees, we asked the guy who did our plumbing when the house was put on the block. He is a registered plumber, landscaper and tree lopper....very handy.

We never paid him a thing, he sent us a bill about a week after, and we paid it. The quote before this was verbal which we agreed on.

We took down both trees in the one day, cleared the site and apart from lots of leaves you wouldn't know he had been there. No damage to anything.

We found out while he was taking one of the trees down it was actually rotten in the middle, it could have come down on our house or the neighbours at any time...very scary.

This same guy removed our neighbours huge 150 year old pine tree. That took all day to get it to a stump.

I think you got someone that isn't a professional at this at all. This is obvious from all the damages done. This should never have happened.

I'd take this guy to Fair Trading, he's an idiot and hasn't got a leg to stand on.

Lynn




1 user(s) are reading this topic

0 members, 1 guests, 0 anonymous users

 

How a pregnancy contract could work for you and your partner

The idea of making a 'pregnancy contract' with your partner may sound a bit silly at first, but it can help make the transition to parenthood a lot smoother.

Finding a mum-friendly personal trainer

Burping babies vs burpees – yes, new mums and personal trainers live in different worlds. But they can work together - once you find the right match for you and your lifestyle.

Ambulance service under fire: baby seats to go, response times 'worse than ever'

The NSW Ambulance Service is removing child-safety seats from ambulances, while the Victorian service is facing criticism over lengthy response times following the death of a three-year-old.

Alleged baby snatch incident a ?misunderstanding?, say police

Police say that an incident in which a man pulled on a woman?s pram while walking a popular Sydney route late last month was a misunderstanding.

Ebola killed my aunt and is shutting down my country

Three weeks ago, my auntie, a midwife, developed a fever. Sitting here in Sydney basked in Australian sunshine, that shouldn't be big news.

The night my ovary burst

One mum shares her frightening experience and vows to never take her health for granted again.

Is e-reading to your toddler story time or just screen time?

When reading increasingly means swiping pages on a device, and we're advised to read to their children early and often, should parents be turning to e-readers for storytime?

Community mourns inspiring young dad

A young dad who fought a five-year battle with cancer has been remembered for his inspiring legacy at a funeral service attended by hundreds of family and friends this week.

Meningococcal kills Queensland toddler

Public health authorities say the death of a toddler in north Queensland from meningococcal disease highlights the danger the illness poses.

Nicole Kidman: 'I hope every month that I'm pregnant'

Nicole Kidman is hoping to add to her family, but says she's doubtful it will happen.

Recall: Aldi Wooden London Bus play set

Aldi has announced a recall of their popular Wooden London Bus play set.

Great gift ideas for first birthdays

From soft toys to balance bikes, here are some great ideas for first birthday gifts.

Mum learnt she was pregnant hours before giving birth

Kim Walsh arrived at the doctor with abdominal cramps. Hours later, she was cradling the baby experts told her she could never have.

How cancer has made me a better, happier person

I'm a far better person post-cancer than I ever was before. The goal now is to stay around long enough to find out who I can become, and what I can achieve.

Pete Evans says a paleo diet can prevent autism. He's wrong

Pete Evans is not a paediatrician or even a nutritionist or dietitian. So why should we believe his extreme views and remove food groups from our children's diets over the advice from those more qualified?

Let's get back to commonsense parenting

Forget the new 'Lawnmower' parenting trend; try using plain old-fashioned commonsense instead.

Woman sues after having a mixed-race baby

A US woman is suing a sperm bank after it sent her vials from African-American man, instead of the white donor she had selected.

Bonding ideas dad will love

Dad may not say it, but he could be feeling lost, confused and seriously left out. However, there are lots of things new fathers can do to be more included in the excitement of pregnancy and new parenthood.

The house that hope built for childhood cancer

Baby Laelani Baker was diagnosed with cancer before she was even born. Her heartbreaking story is just one of the reasons the Build for a Cure project is raising money for vital research into childhood cancer.

Does stay-at-home parenting get better?

Parenting doesn’t ever get easier; the challenges just change. But the challenges of caring for young children definitely lessens as they get older.

Inquest into the short and tragic life of Chloe Valentine

As the first phase of an inquest into the death of Chloe Valentine drew to a close, there was no doubt Chloe's life was marred by appalling neglect.

When mothers kill

The act of killing one's child is unthinkable for most, and a mother who kills her offspring has a special power to inspire shock and revulsion.

6 beauty tips for tired mums

For those of us with young children, eight hours sleep is a distant memory. And while we can’t do much to secure more shut-eye, there are some ways to fake it.

Download now: Essential Kids Activity Finder app

Got bored kids? Quickly find the best activities for kids wherever you are in Australia with the Essential Kids app.

 
Advertisement
 
Advertisement
 
 
 

What's hot on EB

16 parenting truths you won't find in the baby books

I am five years into this parenting gig and I’ve learnt that sleepless nights and changing dirty nappies are child’s play.

Win 1 of 5 Canon Powershot D30 cameras

Capture life more easily with the Canon Powershot D30. Shockproof, waterproof and dustproof, you can take it almost anywhere and shoot beautiful images, time after time. Enter now!

Best and worst potty party cakes

It's nice to celebrate a child making the shift from nappies to 'big kid' undies, but do we really need a semi-realistic used toilet cake to do it? Here are some of the best and worst cakes parents have used at 'potty parties' around the world.

7 tips for a financially festive Christmas

Plan ahead - and do it now - to ensure festive season expenses don't break the bank.

'Go the F*** to Sleep' author's new book for frustrated parents

A sequel is coming soon to the 2011 hit book 'Go the F*** to Sleep' - and this time, it's about mealtimes.

Great birthday party buys from Etsy

Handmade crafts to decorate and personalise your child's next birthday - from banners to cake decorations, we've got gorgeous party finds from Etsy.

Creative storage ideas for the kids' rooms

Creative and practical storage ideas for the kids' toys and books can also add some stylish decor to your home. Visit babyology.com.au for more stylish modern finds for hip kids & parents.

Awkward grandparents

When Grandma and Grandpa pose for a snap with the kids, things can get very weird, very quickly.

To the mum in the doctor's waiting room

Maybe the mum I saw in that waiting room, seemingly disconnected from her baby, doesn’t have the support she needs.

10 space-saving nursery ideas

Starting a family doesn't always mean moving into a bigger house - not yet, anyway.

 

What's in a name?

Baby Names

Looking for a classic name, or an unusual name? Our Baby Name Finder is for you, search or browse to refine your shortlist.

 
Advertisement
 
 
Essential Baby and Essential Kids is the place to find parenting information and parenting support relating to conception, pregnancy, birth, babies, toddlers, kids, maternity, family budgeting, family travel, nutrition and wellbeing, family entertainment, kids entertainment, tips for the family home, child-friendly recipes and parenting. Try our pregnancy due date calculator to determine your due date, or our ovulation calculator to predict ovulation and your fertile period. Our pregnancy week by week guide shows your baby's stages of development. Access our very active mum's discussion groups in the Essential Baby forums or the Essential Kids forums to talk to mums about conception, pregnancy, birth, babies, toddlers, kids and parenting lifestyle. Essential Baby also offers a baby names database of more than 22,000 baby names, popular baby names, boys' names, girls' names and baby names advice in our baby names forum. Essential Kids features a range of free printable worksheets for kids from preschool years through to primary school years. For the latest baby clothes, maternity clothes, maternity accessories, toddler products, kids toys and kids clothing, breastfeeding and other parenting resources, check out Essential Baby and Essential Kids.