i need your support to take down a dodgy builder

[Wooders]

To be defamation it needs:
A. To be not true &
B. Party needs to be identified in the defamation statement.

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[Wombat756]

Originally Posted by Wooders

To be defamation it needs:
A. To be not true &
B. Party needs to be identified in the defamation statement.

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Im certainly not an expert, but isnt there something about proving it caused harm too? As in, the builder can prove it cost them further work?

[Wooders]

I'm no expert either, but asci understand unlike other damage/compensation defemation can be hard to measure so if they argue well it doesn't have to be direct financial they might argue other things like reputation and future sales etc.
But either way it just sounds like bullying tactics.

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[rang0]

Thats right rustynuts. Throughout this whole course his lawyer has resorted to scare tatics but has actually put them selves into further trouble. His lawyer has told him to have a new elevation drawn up that deletes the cantilevered wall that they did not build, back date it to the dates of the plans drawn and he presented it to the building surveyor last year who already knew about the issues. He has also advised the builder to give us final payment request attached with a letter saying that the building surveyor has agreed that all there work is up to scratch and its up to me know to repair a hand rail (that i installed and they disconnected) to get c of o.
You just cant get more fraudulent behaviour than that.
My Mises was talking to her friend the other day and turns out she works with a girl who father inlaw works high in the actual frantise company, this company is nation wide and every franchisee knows about it. He said the company has known how big of a issues this is since i contacted the director via email.
When i did contact the director regarding the m class soil test he replyed saying that the soil test i obtained had no mention of strip footings and stumps.
(With h2 soil the footings need to be engineered and conventional stump systems arn't allowed so they also need to be engineered.) Funny thing is we dont have strip footing on our house.
I've meet with a few managers from the franchise and all of them are lying scum bags. Apparently the soil test should of been changed because it was done in 2012 and the new on was 2013. They told me because it was 12 months old it needed to be updated. I dont know about you but when i look at dirt go away for 12 months and then look at it, it still looks like dirt. The difference in m class to h2 is the amount it moves from when the clay absorbs water causing it to swell and shrink when dry. The difference between the two 3 times.
But either way the house needs to be pulled. The only way that it can be repaired is the jack up the front section remove the frame and bricks and the jack hammer the slab, remove the entire rear section of the house and redo it. Remove all the plaster and weather board's. So theres not much left.

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[chris0375]

Originally Posted by rang0

Apparently the soil test should of been changed because it was done in 2012 and the new on was 2013. They told me because it was 12 months old it needed to be updated. I dont know about you but when i look at dirt go away for 12 months and then look at it, it still looks like dirt.

Do you have a copy of the complete soil report? It possibly states it is only valid for a certain amount of time.

[rang0]

I've been through it and there no time stated on it. The new test says any excavation more than 200mm it will require a new test. Our cut is ariund 1200mm and the front corner of the house is on fill.
I met with the inspector from the vba and the investigator from the vba. A while ago my mises emailed the prime minister and the premiere and she was just getting emails back thinking they were generic. When i met with both these guys they told me that our file has been given to the minister of planning and he has put a urgent rush to have the builder and others investigated.
Another thing that might surprise you is that the builder won a national professional builder of the year while the house was being constructed through the parent company.

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[rang0]

I just visited the house and it seems the builder has been up there trying to clean up. His a little late off by 2.5 years.

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