Builder did a runner

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sep11guy

277 posts

Ultimate Geek

Topic # 108343 28-Aug-2012 21:10
I recently got a builder to build a sun room in my house which he did. It wasnt perfect and he missed bits n pieces but i chose not to be too fussy. I had got him through by seeing his work elsewere. After the sunroom, i then got him to do a very small bathroom toilet. He quoted me , which i agreed. he was alright till about few days into the job. After taking the second installment he did a runner and did not respond to any phone texts whatsoever. I got his wife involved and he emailed (after 2 days) that he cannot provide what we want on the price he quoted and he wants us to find someone else to complete it He has taken a good chunk about 55% of project cost and says he may return five hundred dollars. The sunroom quote references were all documented but the bathroom work is all verbal. i do have a bit of documentation with me. can someone pls advice what would be the best way to go now, to get the builder to respond. I am ok to take legal action as long as it doesnt involve too much cost. can u guys pls help , thanks!

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13479 posts

Uber Geek

Trusted

Vodafone NZ

Subscriber

Reply # 678407 28-Aug-2012 21:18
As advised by PM it's a civil matter so the small claims court maybe, Systems Engineer Vodafone NZ https://community.vodafone.co.nz/

sep11guy

277 posts

Ultimate Geek

Reply # 678410 28-Aug-2012 21:23
I am ok to proceed in that direction. I will give him one last chance ( i have given him plenty on text and email ) on email tomorrow, but i suspect he will not move so i am preparing for what next to do. I know it ll be a long road ahead in getting any dollars out of him but its hard earned money and dont want to go waste What should be first step , as in were do i head to now? just did a search n saw a dispute tribunal court, would this be the small courts? or is it different, can someone please help? thanks

scuwp

1082 posts

Uber Geek

Reply # 678413 28-Aug-2012 21:25
If he is a member of the Qualified Builders or is a Master Build registered builder then you could see what those organisations can do for you. Otherwise small claims court is your only option. Just go down to your local court house, they can give you the paperwork to get started. Artificial intelligence is no match, for natural stupidity!

sep11guy

277 posts

Ultimate Geek

Reply # 678415 28-Aug-2012 21:27
he is not a member of any such organisation . . . he is just a carpenter turned builder one man company band hiring contractors sort of guy. so i dont think i can go to any organisation... so just to confirm, is dispute tribunal the place to start. I can start typing all instances one by one 2moro as documentation for evidence.

Perthman

1 post

Wannabe Geek

Reply # 678421 28-Aug-2012 21:34
Small claims is the way to go - you will get all the info here - http://www.justice.govt.nz/courts/civil/about-civil-law/where-a-claim-is-heard The key to a successful claim is a good summary of EVERYTHING you have discussed with the "builder" - ie keep a Word document outlining every phone call and email on a day by day basis, keeping copies of your emails. The more info you can provide the stronger your case (been there, done that, won that...) His status doesnt matter - you contracted him to do the job, he didnt deliver Good luck - Grant

sep11guy

277 posts

Ultimate Geek

Reply # 678428 28-Aug-2012 21:40
perthman - thank you so much for the link and the positive words. it really helps the dispute tribunal is a good option for me as it says it can handle upto fifteen k, which is more than what i want... but what i really fail to understand it, all of a sudden the builder has bailed out, after taking money, which is a bit painfull , esp wen u have built the trust over somebody I was really let down, but the comments are encouraging, so i m gonna buckle up cause i want to give this a shot. i hope i get a decent outcome. others new to the thread, please feel free to guide and write your experiences., cause those stories will help me to b prepared for what i should expect going to a court.

sep11guy

277 posts

Ultimate Geek

Reply # 678441 28-Aug-2012 21:49
small question. i was going thru the dispute tribunal website , contacts section it gives me street add, ph no and a "DX no" , now once i am done filling up the form, how do i take this forward? do i go to court n hand deliver / register it ? or do i have to post it to DX number. I have never posted to "DX no" so can u pls advice procedure? thanks,!!

tomgeeknz

871 posts

Ultimate Geek

Reply # 678447 28-Aug-2012 22:01
http://www.justice.govt.nz/contact-us/sending-mail-to-our-dx-address-is-easy

sep11guy

277 posts

Ultimate Geek

Reply # 678449 28-Aug-2012 22:03
tomgeeknz: http://www.justice.govt.nz/contact-us/sending-mail-to-our-dx-address-is-easy tomgeek! - thanks . a bit dumb of me not too look for another page, anways, thanks. I am prepping myself for sending the document away.

sep11guy

277 posts

Ultimate Geek

Reply # 678451 28-Aug-2012 22:06
Oh ! also, I have a lot of texts sent to builder and his wife over all this time on my phone - I three G S , is it possible to some how extract all that n put it on a word or notepad? thanks peepul !!

mattwnz

4454 posts

Uber Geek

Reply # 678460 28-Aug-2012 22:17
You probably also want to get another quote for doing the work. It is possible they terribly underquoted due to an error on the builders part, and it was never realistic to get the work done for that. I had heard there was a contractural mistakes act, which I had heard applies to retailers (eg they advertise a product at the wrong price, where they don't have to honour that price if a genuine error). Not sure if it applies to services though. The thing with any building work is to get at least 3 quotes, if one is a lot cheaper or more expensive than an error , you look at why that is.

sep11guy

277 posts

Ultimate Geek

Reply # 678461 28-Aug-2012 22:21
mattwnz: You probably also want to get another quote for doing the work. It is possible they terribly underquoted due to an error on the builders part, and it was never realistic to get the work done for that. I had heard there was a contractural mistakes act, which I had heard applies to retailers (eg they advertise a product at the wrong price, where they don't have to honour that price if a genuine error). Not sure if it applies to services though. The thing with any building work is to get at least 3 quotes, if one is a lot cheaper or more expensive than an error , you look at why that is. mattt - i agree, i definetly do that, but this particular instance, the particular work in dispute was stage 3 of the works. stage 1 and 2 were completed to a "ok" level of satisfaction. stage 3 was a runner, and whats more hurting is that the builder is all mum about it and doesnt want to answer phones, meet in person and talk about it , despite multiple offers of coming to party and discussing what went wrong were, and to get to know his view point. but i think now i have given him too much time.

sep11guy

277 posts

Ultimate Geek

Reply # 678471 28-Aug-2012 22:35
any easy way to extract msgs from i phone three gee ess? i tried to run cydia n got a app but it didnt work. n now i wana remove it n dunno how.. grrr.. anyways. think its not a good day today for me...

beachgeek

39 posts

Geek

Reply # 678487 28-Aug-2012 23:00
If you have an android, I used a app called SMS Backup to provide evidence at a tenancy tribunal case today. It was to prove phone calls but looking at it now I see it downloads all the SMS's also. I am sure iphone will have something similar

sep11guy

277 posts

Ultimate Geek

Reply # 678488 28-Aug-2012 23:01
beachgeek: If you have an android, I used a app called SMS Backup to provide evidence at a tenancy tribunal case today. It was to prove phone calls but looking at it now I see it downloads all the SMS's also. I am sure iphone will have something similar thanks geek! - m going straight to app store now :)

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