Heres a good one.

Old Nov 5th 2013, 10:46 pm
  #16  
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Default Re: Heres a good one.

Update, Colleague and I have now teamed up. Spoken with builder who's paying some of the money back today (grrr) Have told the concrete company manager I will be taking this matter further and have also found out the company directors Fendalton home address and phone number. We will be having a little chat with him, asking if this is how he does business.
I deal with about 20 customers a day, many of whom are having works done at their houses. I'm sure they are all grateful to know what a turd of a company this is and to avoid the builder we used.
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Old Nov 7th 2013, 7:56 am
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Default Re: Heres a good one.

Originally Posted by Mark Smith View Post
Police not interested - a civil matter and for all I know the builder may have signed a contract with the supplier saying I owe them directly - nonsense and not even legal! Have printed trespass forms and will serve Friday. Have already emailed fair go.
Spoke to the supplier who is adamant its my problem and debt. He says his approach is totally legal - BS! Needless to say I work in a big medical centre not too far away from the concrete supplier, so will happily tell staff and customers to give them a wide berth.
The reason I used this particular builder is that a work colleague recommended him. Turns out he's done the same to her (she's paid up in full) and the concrete company are putting the heat on her too, threatening to rip up her patios. Nice. Didn't really sleep last night
Sounds like they could be in it together. Why dont you tell people on here the name so they can avoid the same thing.
It could also be a good i dear if a few of us emailed this guy saying there is no way we would use them due to the way he has done business with you.
i spent 11 years in NZ in the construction field and still have plenty of contacts there.
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Old Nov 7th 2013, 8:08 am
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Default Re: Heres a good one.

OK. May I just say that Mark Smith is making the right move here.

edited here.........

If anyone wishes to have further details because they are local to Mark etc, please feel free to Private Message with him.

Other than that, I wold be very pleased to read you have had some sort of positive result Mark.

Last edited by BEVS; Nov 7th 2013 at 6:44 pm. Reason: edited to write folks should PM.
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Old Nov 7th 2013, 6:57 pm
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Default Re: Heres a good one.

I'll keep the names to myself until the legalities are sorted. I'm certain the supplier and the builder aren't in it together. I can understand the suppliers angst, but their beef is with the builder and they should be pursuing him, not me. However I think the builder was given an account without any checks being made on his credit worthiness. After checking with companies office the builder isn't a limited company, although his letter head says it is. Moral of the story, I should have done some more research before employing him (he was recommended). Thanks for all the support and ideas.
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Old Nov 7th 2013, 7:14 pm
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Default Re: Heres a good one.

Hi Mark,
Is it a big driveway? A grand is quite low for a driveway. You would be paying about $150 per square metre for a decent driveway now, it was $75-80 before the EQs! Perhaps the builder only intended to install the driveway and you were supposed to pay for the materials but he didn't make this clear to you? Agree that you shouldn't feel threatened and should get legal advice.
Good luck
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Old Nov 8th 2013, 4:05 am
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Default Re: Heres a good one.

Hi Woodlea, its only a small driveway (5x6 meters) and I've got a 2 page signed contract that states the price and the terms, in very clear wording. No mention of me paying supplier and the builder has reappeared he's paid some of the money back to the supplier. Was made very clear that the price all in $3500 was the price in total, to include all materials including concrete and final seal.
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Old Nov 8th 2013, 8:32 pm
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Default Re: Heres a good one.

Originally Posted by Mark Smith View Post
Hi Woodlea, its only a small driveway (5x6 meters) and I've got a 2 page signed contract that states the price and the terms, in very clear wording. No mention of me paying supplier and the builder has reappeared he's paid some of the money back to the supplier. Was made very clear that the price all in $3500 was the price in total, to include all materials including concrete and final seal.
Good stuff, sounds like you got a good price, hope it all gets sorted out for you
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Old Nov 9th 2013, 3:11 pm
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Default Re: Heres a good one.

Originally Posted by Mark Smith View Post
Hopefully I can keep this legal, but would like to give people a word of warning and ask some advice.

I had a driveway concreted back in August, paid the builder half upfront, half on completion. It was a little late finishing, but no dramas job done.

Had a visitor about 5 weeks later, the concrete company manager. Turns out my builder (a LTD company) had neglected to pay). Although the guy was polite, I felt a little threatened somebody turning up unannounced. After a call he assures me it was dealt with and the issue was with him, not me the paid up homeowner.

Today a letter taped to my back door from said concrete supplier.

Basically saying the concrete is their property and they have the right to remove goods from my house, without my consent. Not a solicitors letter, but their handwritten threat. Invoice is in my builders name, but my delivery address. I never entered into a contract with these guys and feel very threatened/vunerable.

I work pretty long hours and am worried that some xxxx is going to rob me whilst im out.

I'm a bit down at the moment after some pretty nasty surgery and feeling uncertain what to do. Any suggestions? Thanks in advance, Mark.
No need to worry - your contract is with the builder, not the concrete supplier. Even if the concrete supplier had a valid retention of title (often referred to as a Romalpa clause in legal circles) in its contract with the builder, it would be useless as the concrete, once laid and set, would have become annexed to the land.

The matter of the concrete supply and whether the supplier has been paid is indeed a civil matter and one that the police would not get involved. However, if the concrete supplier makes contact with you at least twice on the matter, then this can be considered harassment and becomes a criminal (as well as a civil) matter, which the police must investigate.

Trust me, I am a lawyer specialising in construction! I suggest that a well worded letter to the concrete supplier will end the matter.
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Old Nov 10th 2013, 7:36 pm
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Default Re: Heres a good one.

Originally Posted by mpg View Post
Trust me, I am a lawyer
... ...
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Old Nov 10th 2013, 7:59 pm
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Default Re: Heres a good one.

Originally Posted by mpg View Post
No need to worry - your contract is with the builder, not the concrete supplier. Even if the concrete supplier had a valid retention of title (often referred to as a Romalpa clause in legal circles) in its contract with the builder, it would be useless as the concrete, once laid and set, would have become annexed to the land.

The matter of the concrete supply and whether the supplier has been paid is indeed a civil matter and one that the police would not get involved. However, if the concrete supplier makes contact with you at least twice on the matter, then this can be considered harassment and becomes a criminal (as well as a civil) matter, which the police must investigate.

Trust me, I am a lawyer specialising in construction! I suggest that a well worded letter to the concrete supplier will end the matter.
Thanks MPG.

For a lot of people, going to see a lawyer is probably not up there with other most sought-after life experiences – it can be intimidating, confusing, and one you don’t want to repeat often.

However I have had to deal with a local lawyer for a couple of reasons and he could not have been more personable and approachable. Getting a letter telling to guy to back off, is not going to cost the earth ($100 ish) and should put an end to the matter.
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Old Nov 10th 2013, 10:36 pm
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Again, thanks from me MPG. Two years into NZ for me at the end of the month and still glad I frequent this site.
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Old Nov 10th 2013, 10:48 pm
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Default Re: Heres a good one.

Originally Posted by Mark Smith View Post
Again, thanks from me MPG. Two years into NZ for me at the end of the month and still glad I frequent this site.


MPG . You are a bright shiny .
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