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  #10  
Old 24-08-2016
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Thats right but you shouldn't expect the amount of fraud through out the paper trail. Im going to make sure this person looses everything. As it is structral its to the builders license number so if he go bankrupt and his insurance pays out the insurance campany will go the builders person regardless if his bankrupt or not.

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  #11  
Old 04-09-2016
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So i have a update.
We had a building consultant combine all our reports and do a costings on how much the repair would be. Contract price of the house with a m class slab is $296000 there repair has been estimated at 375000. There now need to get a report that says its ok. We have received a letter from there lawyer saying that they are going to go us for defamation witch is b.s
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Old 04-09-2016
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If their lawyer is saying that to you at this early stage, you know they are in "panic mode". You know that. There can be no deformation if you can prove you are right and back it up no matter what.
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  #13  
Old 04-09-2016
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I see no mention of the builders name. Defamation is a bluff almost no one carries through as it is so hard to prove and can take years. Dodgy pricks like this is why I stopped working for builders.

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Old 04-09-2016
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I think Rustynuts is on the money. They are trying to scare you into backing down without a fight. If you have the proof, they can't touch you.
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Old 04-09-2016
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To be defamation it needs:
A. To be not true &
B. Party needs to be identified in the defamation statement.

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Old 04-09-2016
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Quote:
Originally Posted by Wooders View Post
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?
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Old 04-09-2016
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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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Old 05-09-2016
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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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