Advice on disputed work

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christin, Sep 5, 11:44am
No it’s not that.

I never made initial contact with the supplier or seller they all did with me.
I contacted them early in the week, they said they had been in discussions about it that morning and will get back to me, time will tell,
christin, Sep 5, 11:45am
Not an iPad or Apple produvt
artemis, Sep 5, 1:33pm
We had a problem with flawed vinyl flooring. When the job was finished we realised there were issues. The flooring people came back, looked, and talked to the manufacturer who acknowledged it was a problem with the particular product. The manufacturer paid the flooring guys to remove and replace.

Sounds like this needs to happen here, but I can see difficulty for a small company or sole trader. Is an option for you and the tradie to jointly notify the supplier what you want to be done, and that otherwise you and the tradie will jointly go to the Disputes Tribunal? You can call the DT to ask about a joint application, or try community law. Otherwise you file against the tradie who files against the supplier - complicated!

Bear in mind the DT is a court so evidence will be needed, such as logs of who came, who said what, all in writing if possible.

Also what we did was put post it notes at every point of failure, it was quite dramatic and a lot more obvious than a walkaround pointing things out.
christin, Sep 5, 5:56pm
Thanks.

The tradesman has mentioned he earns to take it to court but then the supplier gets into discussions erc snd it ever gets done, the manufacturer contacted me in the beginning and tried to rectify then pulled out which cost me money.

I have told them I want it all replaced at No cost to me. The issue is they’re saying it’s the trademens fsult which I don’t think it is. They have offered to replace SOME of the product but then me paying for it to be Removed and replaceD will be doing the job over again and I don’t want to pay. Tradesman doesn’t want to do a three day job again for free,

I suggested a solution where it costs all of us something, splitting the cost but not a reply, ie the supplier replace product, the manufacturer pay someone to redo the job and the original tradesman to do something too,

It comes down to a couple of grand each , so much for making the customer happy, it’s just going around in circles.

I said in my earlier email this week I will arrange for it to go to court, and if I do I’m claiming for everything, without going into detail I’ve had to fork out a few hundred in the process to try and fix, which I’m happy to wear but if it goes to court I’m not. I’ll also be posting reviews of the priduct / company’s, which won’t be great so you’d think they’d just keep me happy.

And yes I have photos and site visits from various people I’m keeping. All Dated etc.

They’ve already lost a few jobs out of this worth a few grand, should have just sorted I’m the beginning,
tegretol, Sep 5, 7:50pm
As your builder supplied and installed the product, your case is clearly with him so you need to take him the the DT. The rest is for him to sort out but having an award against him should enable him to recover all of his costs off whoever he bought the product from.

Stop negotiating or discussing or agreeing with the third/fourth parties as they are not where your legal remedy is and to continue doing so will only confuse things and potentially wreck any claim that you have.

And I won't charge for that legal advice.!
christin, Sep 5, 9:27pm
The only reason I’ve discussed with them is they came to me, after being contacted by tradesmen, I told them at the time that they needed to sort it out themselves, They have contacted me to ask questions and visit etc.

I email to see what is going on, as I don’t hear from anyone for weeks, as does the tradesman but will get him to do it all now. I’ve just got the most to lose If nothing is done.

I’ve only given a suggestion once and it was outlining what I’d be happy wi5h to avoid going down the court route,
bill1451, Sep 5, 10:06pm
Intrade gets it wrong again lol.
tegretol, Sep 5, 10:47pm
Not Court. Use the Disputes Tribunal - it's easy, cheap and puposely operates unlike a court. Go for it or their prevarication will increase your stomach ulcers and you'll never get the issue resolved.
christin, Sep 6, 7:08am
Sorry, Yeah that’s what I mean re court.

I didn’t want to do that hence why I’ve given plenty of time to fix etc but tbh I’m just over it now and want it sorted. The job not being complete has flowed onto other areas and huge inconvenience, there was actually a reason I wanted it done back in may.
rhys12, Sep 6, 10:10am
It's up to the tradie you contracted to rectify, as your contract was with him. He should sort it promptly, with no cost to yourself, then recover from the supplier if he believes it's a faulty product (and no fault of his own work ie. incorrect installation etc).

IMO you have been more than patient and the original contractor is being a dick because you aren't pushing it, so wanting the supplier to front up before he does it. He should be wearing the cost, not you.

Personally, I would give him one more chance. Put in writing that if this is not rectified within the next 7 days (or however long it takes to do the job) you will be lodging a claim at the disputes tribunal against him (and do it). You don't need to know about the faulty product or have any further contact with the supplier, that's his problem.
tegretol, Sep 6, 10:34am
100%
rhys12, Sep 6, 2:08pm
Ps. It's not up to you and your tradie to take the supplier to disputes tribunal, it's up to you to take your tradie to disputes tribunal. I'm sure your tradie is very happy for you and him to take the supplier, because it deflects from him. Completely ignore the defective product. YOUR tradie supplied it, he will have liability insurance, as will the supplier. THEY (or their liability insurers) can battle it out AFTER they have fixed your problem. All you need to be concerned about is your tradie doing the job he was employed to do.
christin, Sep 11, 10:42am
going to talk to my tradesman next week, as despite my email to them (only cause theyd contacted me)a sking for an update, they said theyd been discussing with the team yesterday and that (1st sept) morning, still havent heard anything.

so next week it will be two weeks since then, so time to take them to court. been far too patient and theyre dragging it out. not what i wanted, but will get onto tradesman and get this sorted. sooooo over it.
articferrit, Sep 11, 11:46am
Can you contact the tradesman by email (so its in writing, and you have a record) and inform him its now been 2 more weeks, he has not contacted you and you are now going to file a claim with the Disputes Tribunal and see if that prompts him to do 'something'.
christin, Sep 11, 12:47pm
yeah i havve been doing that. have many emails from him to suppliers etc and will contact him in email. the person who hasnt contacted me is the supplier who came to visit and said he would update me. id have thought two weeks would be plenty esp if he was discussing it with his team that day and the day before. how long does it take to come up with a solution or decision?

i think they just think im going to give up, but i have been more than patient and wont be!
210sback, Sep 29, 5:47pm
This is how I see it.
The tradie is at fault(any decent supplier would come to the party straight away and sort if its a product fault,youll prob find the tradie is known by the supplier as a cowboy and they're not sorting his poorly installed work)the tradie is just spinning you a few lines to worm out of it.
You have been sucked into the tradies BS and all this emailing,listening,talking crap with the tradie and supplier has made the whole thing a cluster,Stop the BS now and get the tradie to find a solution or just keep whinging on here.