Dealing with builders who say they will do something and then don't

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11 years 7 months ago #25239 by eelcat
Two and a bit years ago we had a dream of a villa home built for us by an Auckland firm. There is a seven year guarantee on the build. There are several serious issues outstanding that are covered by the warranty, but these are simply being ignored by the builder. We are talking warranty issues that amount to about $43,000 to be remedied, so they are no small biccies. The Disputes Tribunal will deal with two of them, but the third involves money (builder agreed to buy us out of the warranty on the wooden flooring (utterly awful job made of laying it, boards cracked, split, risen, sunk etc etc etc) but now cites "no money" as a reason for not meeting any of his obligations. The Disputes Tribunal states they have no jurisdiction over this. Despite this claim of no money, the builder drives a new very expensive vehicle, had an overseas trip last year (or was it earlier this year?) and so on. He is currently building several houses nationwide, including one in Masterton. Any advice as to where to from here? [Anybody considering building such a home would do well to PM me (won't name and shame on this forum, but happy to do so in private) for details]

1 Border collie, 1 Huntaway, 2 Lhasa Apsos, Suffolk and arapawa ewe crosses, an Arapawa ram,an East Friesian ewe , 5 cats, 42 ducks , 1 rooster and 30 hens, 5 geese, 12 goats, 2 donkeys, 2 house cows, one heifer calf, one bull calf, 3 rabbits and lots and lots and lots of fruit trees...

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11 years 7 months ago #353912 by merlin&jo
Name and shame them. If what you say is right then he's hardly going to have you for it, is he.
I work in the building industry and for every one of his type there are 9 who aren't, trouble is we all only remember the bad ones.
So name and shame

What's the worse that can happen !

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11 years 7 months ago #353917 by reggit
Who is the warranty through? Builders own, or Master Builders?

Take a break...while I take care of your home, your block, your pets, your stock! [;)] PM me...

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11 years 7 months ago #353923 by DiDi
Are they Master Builders? Why not name and shame?

You are protecting others from dealing with them. Not pointing the finger or blame game but many of the "builders" out there have bought a franchise and there are no guarantees that they will do what the home page "promises".

Until this Govt gets over their precious bulls#hit that protects the abuse of process and people's lives from cowboys in it for instant gratification without any come back (think Richard Bryers - Blue Chip) then we will have innocent people ripped off. Believe me, I know genuine builders who break their own backs to satisfy their customers.

Meanwhile we are returning to a nanny state with instant Law changes to protect the rich and no concept of what it is like to have saved for years for our dream home and lifestyle that is not a million dollar property in Remuera.

A friend said to me the other day " What is the suprise - the National Government has always been about protecting the rich" and this from someone within the Party. How dumb was I to believe that there was a core to their intention to improve life for all. At least I resigned my membership. Just wish others could see how shallow it all is. Next problem - how shallow is the political options in NZ? No wonder Aussie is flying having recognised the wealth in mining against an instant decision in this country to appease the minority. Just not getting it - just as I don't get why they are not moving on the charlatan builders who are fly by nighters who leave innocent families to pick up the bill for for their quick bucks.

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11 years 7 months ago #353926 by OakhengeFarm
My first reaction was - so that's where our idiot builder went! I can SO sympathise with you over cowboy builders. (Although I would not trust my cattle with such a person!) Our "highly qualified" builder took over a year to assemble our kitset barn house (shell only, mind you!). We had no written contract, and he isn't a member of Master Builders or any other professional body. So of course, no warranty, no guarantee. Our only saving grace was that we with-held the final payment (only about $4000), and we have reason to believe that he is no longer in business.

I have no problems in letting people know that our little house was assembled by Patrick Bright, of Absolute Bright Construction here in New Plymouth.

11 acres (4 in QEII Covenanted native bush), 15 sheep, 2 beefies, large vege gardens and a goat, and still no dog!:(

Oh, and uncountable wild birds - including fantails, swallows, yellowhammers, morepork, magpies, hawks, pukekos, and even quaill, pheasants and rainbow lorikeets [:D][:D] Not to mention possums, hares, rabbits, rats...

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11 years 7 months ago #353934 by eelcat
Written contract, not Master Builder.

1 Border collie, 1 Huntaway, 2 Lhasa Apsos, Suffolk and arapawa ewe crosses, an Arapawa ram,an East Friesian ewe , 5 cats, 42 ducks , 1 rooster and 30 hens, 5 geese, 12 goats, 2 donkeys, 2 house cows, one heifer calf, one bull calf, 3 rabbits and lots and lots and lots of fruit trees...

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11 years 7 months ago #353935 by eelcat
Daft thing he is happy to agree with what we say, he agreed to buy us out of the warranty (just won't pay up), and sent his foreman down to correct things that were wrong. Foreman marked (some of) them with blue tape and then went back to Auckland without fixing them. Most of the blue tags have now fallen off. The builder just does nothing about it. All documented to the nth degree, just refuses to fix. We kept $5000 back (how naive) but it wasn't enough. Do not ever build a Villa as your Home! [;)]

1 Border collie, 1 Huntaway, 2 Lhasa Apsos, Suffolk and arapawa ewe crosses, an Arapawa ram,an East Friesian ewe , 5 cats, 42 ducks , 1 rooster and 30 hens, 5 geese, 12 goats, 2 donkeys, 2 house cows, one heifer calf, one bull calf, 3 rabbits and lots and lots and lots of fruit trees...

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11 years 7 months ago #353954 by ronnie
Do you think he might be agreeing with you to prevent you from taking any action in the Disputes Tribunal??? After all, if there is no dispute, the Tribunal cannot hear the claim.

I sued my roofer once upon a time, many years ago and won my case. But he had no money and was on an ACC benefit. I ended up getting $10 a week directly out of his benefit which went on for years and years. So totally unfair.

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11 years 7 months ago #353955 by eelcat

ronnie;344026 wrote: Do you think he might be agreeing with you to prevent you from taking any action in the Disputes Tribunal??? After all, if there is no dispute, the Tribunal cannot hear the claim.

I sued my roofer once upon a time, many years ago and won my case. But he had no money and was on an ACC benefit. I ended up getting $10 a week directly out of his benefit which went on for years and years. So totally unfair.

Indeed we do think that! We also think that he paid an installment on the money, so that it then was not worth our while taking him to court with a lawyer and all!

1 Border collie, 1 Huntaway, 2 Lhasa Apsos, Suffolk and arapawa ewe crosses, an Arapawa ram,an East Friesian ewe , 5 cats, 42 ducks , 1 rooster and 30 hens, 5 geese, 12 goats, 2 donkeys, 2 house cows, one heifer calf, one bull calf, 3 rabbits and lots and lots and lots of fruit trees...

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11 years 7 months ago #353959 by eelcat
Have now spoken to the court, and have decided that this guy has asked for all he is about to get!!!! There will be three claims, two that the Disputes Tribunal will hear, and one that will go to the District Court. We need to serve personally the documents on Steve the builder - he lives in Franklin and we live in Martinborough - anybody have experience in serving documents to someone where you do not live?

1 Border collie, 1 Huntaway, 2 Lhasa Apsos, Suffolk and arapawa ewe crosses, an Arapawa ram,an East Friesian ewe , 5 cats, 42 ducks , 1 rooster and 30 hens, 5 geese, 12 goats, 2 donkeys, 2 house cows, one heifer calf, one bull calf, 3 rabbits and lots and lots and lots of fruit trees...

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11 years 7 months ago #353960 by stephclark
dont know what to advise.. i am reading this with interest, as i too have a half finished job.. kitchen renovation that, after 2 years, is still not finished.. tried with holding final payment, but builder became very agressive, stormed into my place of work, even thow he was told i wasnt there, and attacked a 36 week pregnant admin lady ( she ok ).. then started a fist fight with my employer..
easier to pay him out and get someone else to fix..and no the police werent interested..:confused::(

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11 years 7 months ago #353961 by eelcat
Is Kumeu near Franklin? This guy too, became aggressive though not to this level with us. Add to the mix that he had already put the incorrect coloured roof on the house when compared to the garage, and we let him away with not changing it (allowed him to change the garage roof instead, as that was a much cheaper option, but it meant we didn't have our choice of colour) and painted part of the house the wrong colour, and we paid some $630,000 for all of this, and you can see our frustration. The guy builds expensive houses all the time, one is currently being built in Masterton, yet claims no money to fix the problems that he has agreed exist. next time we build a house, we will call the shots, and the first thing before any nails are involved, he will be marched into our lawyers office and things sorted to our stisfaction

1 Border collie, 1 Huntaway, 2 Lhasa Apsos, Suffolk and arapawa ewe crosses, an Arapawa ram,an East Friesian ewe , 5 cats, 42 ducks , 1 rooster and 30 hens, 5 geese, 12 goats, 2 donkeys, 2 house cows, one heifer calf, one bull calf, 3 rabbits and lots and lots and lots of fruit trees...

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11 years 7 months ago #353963 by eelcat

stephclark;344032 wrote: dont know what to advise.. i am reading this with interest, as i too have a half finished job.. kitchen renovation that, after 2 years, is still not finished.. tried with holding final payment, but builder became very agressive, stormed into my place of work, even thow he was told i wasnt there, and attacked a 36 week pregnant admin lady ( she ok ).. then started a fist fight with my employer..
easier to pay him out and get someone else to fix..and no the police werent interested..:confused::(

There was an almost fist fight between this builder and one of his workers over them not getting paid on a house they were building for him in new Plymouth - go figure!

1 Border collie, 1 Huntaway, 2 Lhasa Apsos, Suffolk and arapawa ewe crosses, an Arapawa ram,an East Friesian ewe , 5 cats, 42 ducks , 1 rooster and 30 hens, 5 geese, 12 goats, 2 donkeys, 2 house cows, one heifer calf, one bull calf, 3 rabbits and lots and lots and lots of fruit trees...

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11 years 7 months ago #353966 by stephclark
nupe kumeu in nrth west auckand.. this 'builder' that i had trouble with was also building a large subdivision and claimed poverty! not that i would wish him on anyone, but hope he is no longer in the area.. i am actaully still half afraid he will turn up and do something..:(

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11 years 7 months ago #353969 by spoook
I would be concerned at an Auckland builder building so far afield.
Is his price so good the locals can't match it? That would be a warning to me.
Does he have a specific plan that no one else builds?
If it is a franchise, I am surprised he is allowed to build over such a large area.

I feel for you in your dilemma, I also am so pleased with the people that erected our "shed", they are a family company and have been going for years.
Now we are the builders [;)] Reminds me, I have to go find my whip so I can crack it this weekend [}:)]

There are no bad questions only those that are not asked.
"You are responsible, forever, for what you have tamed"

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