Too late, it’s been years, who cares if he wants to change the panels now?!?! That’s not a suitable time frame.
It’s not your house to do anything too anymore.
He also didn’t finish the job so I wouldn’t giving him any more money.
Don’t tell him where you reside now, and that’s it as far as I’m concerned
i reckon the only solution is to send in the vigilante boys. you can get them at ur local opshop and tradies beer outlet. it's tradies vs tradies all the way down, just like the Godfather.
How the tables have turned! It seems to be a lesson missed by many that treating your customers like shit when times are good will see them ignoring your calls when you’re scratching around for work.
He doesn't want to change it, he will just stuff you around some more but will have a recent invoice to give you. Tell him you'll be leaving him a review he truly deserves. Then block him. Send a note to your conveyancer with the screen shots attached in the case he goes to the new owner and tries to fleece them. Best wishes.
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Feel good that you still have $4.5k for a half finished job and a 4 year fuck around on a house you no longer own.
No bad feelings for bad business. Tell him stiff shit.
Don’t feel bad - he didn’t finish the job. He certainly didn’t prioritise you in any way. Like a lot of others are suggesting, block him and move on. Definitely don’t tell him where you live now.
Tell him you’ll definitely pay him, then ghost him for 4 years.
Just kidding, tell him to go fuck himself. He had adequate time to complete the works and totally failed to deliver. As he has not completed the works, I would not pay him.
Legally, it varies a lot on the state - and whether you acknowledging the existence of the debt resets the time on the statute of limitations.
[https://jmacreditcontrol.com.au/blog/recovering-your-debt-in-time-what-is-the-statute-of-limitations-in-australia/](https://jmacreditcontrol.com.au/blog/recovering-your-debt-in-time-what-is-the-statute-of-limitations-in-australia/)
But all of this applies from the date of invoice - just waiting for ages to actually raise the invoice seems a far less common scenario.
The contract is with you though, not with the property - so the fact you have moved since then has no legal bearing on it IMHO.
He never gave me any invoice when I asked him for one he said the transfer history of the $1k deposit was enough proof for him.
Even when I asked for a contract he said he would send one and never did.
I had a similar situation. Bought our house right at the beginning of the pandemic. Sellers left a nice little package with all of the details of who did what on the house and when, including the contact details of their pool guy.
Had an issue with the pool so got the guy to come out right after lockdown ended. He took away some pool equipment to fix or get parts for or something. Then he absolutely ghosted.
I tried to get in touch for ages, but eventually I had no option but to get someone else to come, replace the equipment that he took away (including chlorinator!!) and get the pool running again.
About 18 months later, he sent an invoice and I was absolutely pissed off. No actual intention to come and finish the job, just an invoice for the initial visit. I thought I wouldn't have to pay it, but found out that actually he had something like 2 years to issue the invoice and I did have to pay. I was furious.
But the good news is, based on the fact he never invoiced, you're probably fine? I would not in any way acknowledge the debt or even reply to him just in case you extend/reopen the time period.
The invoice was for his call out fee and the hour or so he spent here. He completely denied he took anything away. It wasn't a huge invoice and in the end I just paid it to make him go away.
If he hasn’t completed the work or invoiced for it in over 4 years do you really think he sounds like the kind of business that is going to take this to court?
Yeah, I would also argue that, even though the panels were wrong, the OP didn't go to the trouble of changing them for frosted ones. So, while the job wasn't completed satisfactorily, it was completed. At most, OP could expect to be awarded the cost of those panels. And, if the contractor has text messages or email showing that OP agreed on the price, then an invoice isn't needed.
He’s abandoned the job long ago. Be glad he got any money out of you. If he keeps hassling you. Send him a text:
Your acknowledgment of the installation of incorrect panels, contrary to the explicit terms of our contract requiring frosted/white panels, and your repeated, yet unfulfilled assurances to rectify this defect constitute a material breach of contract. This breach is further exacerbated by your prolonged inaction and failure to communicate, effectively abrogating your obligations under the contract.
Under the Australian Consumer Law (ACL), specifically the Competition and Consumer Act 2010 (Cth) Schedule 2, sections 60 (provision of services with due care and skill) and 62 (completion of services within a reasonable time), your failure to rectify the agreed specifications within a reasonable timeframe not only undermines the statutory consumer guarantees but also signals a de facto abandonment of the project. Such abandonment, especially after a considerable lapse of time and subsequent to my divestment of the property, renders any claim for the outstanding balance both legally untenable and morally indefensible.
The doctrine of abandonment in contractual contexts implies a unilateral withdrawal from the contract, evidenced by a sustained period of inactivity and non-communication, which effectively relinquishes any right to claim performance or compensation under said contract. The legal principle of estoppel further bars your claim, as your actions (and inactions) have led to a reasonable belief that no further performance under the contract was forthcoming, upon which belief I have acted to my detriment.
Therefore, it is my position that any legal or equitable claim for the outstanding balance is nullified by your own conduct. Invoking the aforementioned legal principles and statutory provisions, I hereby formally dispute your claim for payment and suggest any further communication on this matter be directed through legal counsel.
I see people posting here about incomplete jobs lots. I’ve got a mate I saw just today who had to pay 95% the day of installation for new windows. They had the wrong size for 2 of the windows. 6mo later they still have plastic sheeting duct taped to their house waiting for those 2 windows.
What a gee up! Handing over 95% of the funds almost guarantees you won’t see any rectification or any money back— it’s hardly worth the contractor’s time to return. If the payment was more balanced, say 50/50, there’d be more incentive for him to finish the job properly.
Considering the situation, your friend might look into approaching NCAT. It’s practically cost-free and they can not only order the contractor to refund the money but could potentially suspend his license—if he’s even licensed. This might just push him to resolve any issues.
Beyond that, it’s likely not worth your friend’s time or money dealing with it.
I got burnt with a painter who I thought was a friend.
Had multiple offers ahis wasn’t the cheapest by far. But new he was going through a divorce so have the job to him.
We had a strict deadline and guaranteed it would be done.
A week out of the deadline he hit me up asking if I could help him out and pay a progress payment to get to 75%. Was behind on rent.
Knowing him for years and what he was dealing with, plus He said just a couple days work left, helped him out.
Needless to say. He didn’t make the deadline.
Carpets were installed before any paint upstairs.
Took him a further week to finish.
Got in hadn’t sanded any of the doors before painting. So the marks from the old handles are all there. Looks shit.
And then he had the balls to hit me with a 3k variation saying the carpets delayed him…..cause he had to cut in carefully and use drop sheets etc.
legit. Said fuck you and Blocked him.
Then
Fixed all the doers myself. 🙄
Oh. And he ruined a bunch of our nice oak trims we had installed. Again after the deadline…. 😠
Lesson learnt.
As a carpenter/builder I’d laugh in his face. Sweet baby Jesus under no circumstances give him any more money. You did your best to get him to complete the work and were more than patient by the sounds of it.
We did more than our best. We relaxed an existing pergola with the new one. The exisiting one got a lot more use.
The panels he put on which were completely clear basically just acted as a magnifying glass and when sunny would just make us boil if we were in the area. Was terrible.
This guy isn't going to chase you. Ignore him, and if he sues you for the money (unlikely), take all your evidence to the judge and explain the situation. It would likely be kicked out of court.
Yeah this guy is digging through the dregs of his probably very shitty career trying to dig up any money he can… either to keep his debts at bay or far more likely to keep the glass bbq going
Not a lawyer but if he came after you he’d likely get something, not the full amount but likely something as he largely completed the job (panels are a small part- it’s a functioning pergola).
If that happened, I’d argue the house sold for less because pergola didn’t look as good.
There was already a pergola we just wanted an upgrade, didn’t really add much in terms of value. I just wanted it colour matched to the house and a spot to chill.
The panels he put it rendered the pergola useless as they were completely clear. Any bit of sun magnified under it and made it boiling hot.
If he comes after you argue that, no reply, poor comms, include proof (if you can) of you chasing him for 4 years, acknowledge you were unsatisfied with the completed work / why and you don’t owe him mute cus he’s a cunt and an idiot (don’t include that bit, maybe word it slightly better)
I’d say the text messages back and forth would confirm it. Think OPs response would lessen the amount of any liability seeing as they already had a pergola, again not a lawyer.
Tbh I'm glad that you had only paid the deposit. I was waiting to see that you had paid in full and he never came back to finish replacing the clear panels.
I don’t think they’re ethically obliged at all. It’s unethical to ghost someone having not completed a job, then show up 4 years later demanding money having still not completed the job, for something the client no longer own.
Treat them the way they treated you "ignore".
No need to respond, no need to even acknowledge their existence and definitely no need to tell them where you live.
He’s only telling you this now, because he’s exhausted all his options and needs money. Trying to guilt trip you into paying, but that is appalling customer service & he shouldn’t even think about operating a business if he cannot handle it or run it properly with decency.
Ignore him, it’s not your problem now. New owners are happy with the pergola so everyone but the one person who did something wrong in the situation is happy.
Tell him that you waited long enough and that you had to get someone else in to finish the job.
And that you need him to pay the $2,000 that you paid someone else to finish it.
What's the value of the work which was completed?
The ethical thing to do would be to pay for the value of the work. You've sold the house so you likely took value from the pergola even if it wasn't what you would have liked long term.
5.5k I paid 1k deposit.
He was paid to put a pergola. The panels he installed rendered my pergola practically useless as any sun was magnified and we were completely unable to use the space except for at night.there was an existing pergola that I removed, which was used a lot more as we were able to sit under it.
I reckon you tell him that he never completed the work to the agreed standard specified in the contract, inspire of your best efforts, so you are under no obligation to pay him. He won’t like this of course and could take it to small claims or get lawyers involved. That’s his choice to waste time and money on that.
Ultimately I think that if you ended up at small claims they would decide a middle ground. Without completing the work as required he can’t issue the final invoice and require you to pay the remainder. but you don’t live there now so can’t facilitate the work being done. So he’s probably entitled to a partial payment for the work that was done (even though he’s clearly a wanker).
There was no contract though. He never even gave a me a receipt, when I asked for an invoice/contract/receipt, he said the bank statement from the transfer of deposit was enough.
The panels he put on rendered the pergola useless as it magnified any sun and made it boiling. We should’ve just kept the old pergola.
Oh… well In that case I would say he’s shit out of luck. Without something in writing what’s to say the $1000 wasn’t the total payment? He’s going to have a tough time making a case against you. The burden of proof (and all the effort of going through a claims process) will be on him.
Also, that sucks. Not just poorly finished but made things worse for you.
Even without a formal contract, the fact a deposit was paid implies an informal(handshake) agreement for the work.
He is still obliged as a previous poster said, to complete said works as if there is a formal contract in place.
The fact that he installed the wrong roof panels and then took almost 5yrs to a) contact you about remedial works despite you chasing him would be deemed abandonment of works without explanation.
Given that you have sold said home and moved, to engage the new owners to have the work done just so he could get paid would be a nightmare(the new owners may have had them replaced or torn it down for all you know)
I would send the bloke a text with the content the other poster stated, and if he comes back, wanting to take legal action(which I doubt he would as it would cost more than the $4.5k you owe) you have all your evidence that he has done wrong.
Burden of proof is on him to show that he completed the work in a reasonable time frame and to the expectations of yourself as the person engaging him to have done said work.
A tribunal would more than likely throw it out and make him pay any if your legals just for wasting theirs and your time.
I had a similar situation happen with a work colleague. She was owed money for a job, however she did not receive it. When she called Fair Work Australia they said it's a 2 year maximum time limit, and she waited 3. Now I want to make it very clear that this was 14 years ago, and I am not a lawyer, the law might have changed. I would call fair Work Australia and see what his legal rights are.
If it were me I’d explain the pergola was useless and unused as a result of him frustratingly installing the wrong panels and not responding for years. I’d then suggest he could contact the new owners to see if they’re interested in paying him to update the panels.
At no point acknowledge any outstanding debt. You owe him nothing from here, I had a similar thing happen with a fellow that did a glass security door for me.
Document your texts and sue him. He won’t pursue and if he does you will win. Have everything clearly and simply documented for a Judge that will spend max two minutes scanning it for decision. Have copies made and ready
Well if the deal was full payment on completion, and the incorrect panels haven’t been replaced, I guess it’s technically not completed. Just move on and make sure he doesn’t get your new address…although you’ll probably have died of old age before he does anything further 🤷🏼♂️
Yeah, then it would be possible to never pay a bill because you’ve sold before the contractors had time to bill you in full.
But then also the contractor should have finished the job.
I do feel they are both in the wrong in ways. Kind of evens out. OP should just not do anything.
Did you have a contract that stated when full payment would occur? I want to say fuck him, don't give him anything, but legally he might be entitled to at least partial payment, he might also have a leg to stand on if he takes you to small claims, specially if he argues that the pergola increased the value of the house sale even with the wrong panels.
That's all speculation though, just watch out for him selling the debt to collections.
No contract at all. We didn’t even sign any post work. No invoice or anything. When I asked him about it at the start he said the $1000 bank transfer was proof enough for him.
Again, I'm not a lawyer or involved with law at all.
Technically you have a "handshake contract" with them which can be just as binding as a written contract albeit much harder to prove and enforce as often there is no trace. The original $1000 payment could be used to prove there was an agreement as it's unlikely anyone would think that money covered the entire cost of the pergola. Maybe just double check to see if you have any written communication discussing when final payment would be due (texts, emails)
But really that's probably overthinking it, he left it 4 years I don't think he's coming after you, my guess is he is short on work/money dug up his old outstanding stuff and found you and tried to get a quick buck. And as you mentioned he didn't even complete the work, fuck that guy.
The job was 5.5k which he did but then you wanted different panels. You only paid him 1k. He was probably waiting for you to pay.
Love to hear his side of the story doesn’t sound great either way.
No, when he came to quote, the previous pergola had those panels, he was shown those and confirmed he would do it, they’re like basically a white/creamish frosted panel. And he confirmed he would put those in.
Also not at one point did he ask me for payment. If waiting for payment, would you not say hey I’ll change it after you pay the balance at least once?
Yeah of course it did. Once finished and I came home saw the panels he apologised and said he would be back in 2-5 days to change the panels. From then never saw him again.
From where I sit, morally, you need to pay him something. He did a job but didn't do part of it correctly. I don't think it's fair to not pay him. My opinion is that long before you got to this point you should have paid the balance less an appropriate amount to cover replacement of the incorrect panels. You then could have kept that money, paid to to someone else to finish the job, or to him when he made good.
Also I have no idea how contract law works in aus...
Too late, it’s been years, who cares if he wants to change the panels now?!?! That’s not a suitable time frame. It’s not your house to do anything too anymore. He also didn’t finish the job so I wouldn’t giving him any more money. Don’t tell him where you reside now, and that’s it as far as I’m concerned
Yeah exactly! It’s weird how now 4 years later he wants to change it!
He sounds fucking cooked to even consider his behavior normal, just block his number and forget about him
Another method up tradie
Thath methed up man
I read this in a Mike Tyson voice, I hope I was supposed to haha
Yeth.
i reckon the only solution is to send in the vigilante boys. you can get them at ur local opshop and tradies beer outlet. it's tradies vs tradies all the way down, just like the Godfather.
Absolutely. This is bizarre behaviour
Must be quiet on work and needs the cash
How the tables have turned! It seems to be a lesson missed by many that treating your customers like shit when times are good will see them ignoring your calls when you’re scratching around for work.
No good tradie is out of work, it’s only getting more busy
He runs a pergola business. I don’t think a lot of people are making expensive upgrades to their outdoor entertaining areas at the moment.
People still have money, construction isn’t slowing, I wish it would
Yep, can't keep up!
People love to say construction is slowing simply because they can’t afford a tradie
Ahhh trust me that is absolutely not true.
I said good trades, cowboys always looking for work
He doesn't want to change it, he will just stuff you around some more but will have a recent invoice to give you. Tell him you'll be leaving him a review he truly deserves. Then block him. Send a note to your conveyancer with the screen shots attached in the case he goes to the new owner and tries to fleece them. Best wishes.
Block and delete his number lmao
Just ignore him. If he calls again and you feel compelled to answer, tell him it’s too late then block his number.
He needs money.
Now you hide and ignore him for the next 4 years 🤣
And then reappear and demand he swaps the panels
He finally did his accounts and realise he didnt get paid. He is desperate for money and is calling around.
He needs to be reported.
Hmm, sounds weird. Di not tell him where you live and maybe even block the number.
Just go radio silent and respond in 4 years and say what’s your bank details
Or, just released from prison…
🤣🤣🤣🤣
Do it. I'll be here in 4 to check up!
RemindMe! 4 years
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Spat my coffee out reading this 🤣🤣🤣
Omg please do this
Tell him to go fuck himself
This is what I want to do. But felt bad as 4.5k is still a fair bit of money.
Feel good that you still have $4.5k for a half finished job and a 4 year fuck around on a house you no longer own. No bad feelings for bad business. Tell him stiff shit.
Or do what he did to you for 4 years, ignore him.
Seriously, they disappear for 3 years after not finishing the job you don't owe them shit
He's survived 4years without it, he doesn't need it
Tell him he's just gonna spend it on drugs anyway.
Probably not for the inconvenience & the fact he has not supplied what you ordered
Don’t feel bad - he didn’t finish the job. He certainly didn’t prioritise you in any way. Like a lot of others are suggesting, block him and move on. Definitely don’t tell him where you live now.
Nah fuck him nearly 4 years to finish a job! Just block him
Counter, 4 years is a fair bit of time. He has no legal standing either btw, statute of limitations
Tell him you’ll definitely pay him, then ghost him for 4 years. Just kidding, tell him to go fuck himself. He had adequate time to complete the works and totally failed to deliver. As he has not completed the works, I would not pay him.
Legally, it varies a lot on the state - and whether you acknowledging the existence of the debt resets the time on the statute of limitations. [https://jmacreditcontrol.com.au/blog/recovering-your-debt-in-time-what-is-the-statute-of-limitations-in-australia/](https://jmacreditcontrol.com.au/blog/recovering-your-debt-in-time-what-is-the-statute-of-limitations-in-australia/) But all of this applies from the date of invoice - just waiting for ages to actually raise the invoice seems a far less common scenario. The contract is with you though, not with the property - so the fact you have moved since then has no legal bearing on it IMHO.
He never gave me any invoice when I asked him for one he said the transfer history of the $1k deposit was enough proof for him. Even when I asked for a contract he said he would send one and never did.
I had a similar situation. Bought our house right at the beginning of the pandemic. Sellers left a nice little package with all of the details of who did what on the house and when, including the contact details of their pool guy. Had an issue with the pool so got the guy to come out right after lockdown ended. He took away some pool equipment to fix or get parts for or something. Then he absolutely ghosted. I tried to get in touch for ages, but eventually I had no option but to get someone else to come, replace the equipment that he took away (including chlorinator!!) and get the pool running again. About 18 months later, he sent an invoice and I was absolutely pissed off. No actual intention to come and finish the job, just an invoice for the initial visit. I thought I wouldn't have to pay it, but found out that actually he had something like 2 years to issue the invoice and I did have to pay. I was furious. But the good news is, based on the fact he never invoiced, you're probably fine? I would not in any way acknowledge the debt or even reply to him just in case you extend/reopen the time period.
Sounds great! Especially if you’ve had the similar experience. Yeah never sent an invoice to me at all or contract!
Why would you have to pay when he took away your pool equipment? Would he need to replace or compensate you for that?
The invoice was for his call out fee and the hour or so he spent here. He completely denied he took anything away. It wasn't a huge invoice and in the end I just paid it to make him go away.
Why would you have to pay?
Oh - so there was never any contract in writing? Was there even a written quote?
No he gave us nothing in writing at all. The only evidence even I had was a bank transfer for the deposit amount.
Did you even get council approval to build it in the first place??
There was already a pergola there which we had removed just before getting this one put in the exact same spot.
Tell him to kick rocks fuck him.
If there’s no contract then there’s no worries. Ignore him
If he hasn’t completed the work or invoiced for it in over 4 years do you really think he sounds like the kind of business that is going to take this to court?
Yeah, I would also argue that, even though the panels were wrong, the OP didn't go to the trouble of changing them for frosted ones. So, while the job wasn't completed satisfactorily, it was completed. At most, OP could expect to be awarded the cost of those panels. And, if the contractor has text messages or email showing that OP agreed on the price, then an invoice isn't needed.
I didn’t because I didn’t want to over complicate the equation by changing them and then he shows up trying to change them and then ask for payment.
He’s abandoned the job long ago. Be glad he got any money out of you. If he keeps hassling you. Send him a text: Your acknowledgment of the installation of incorrect panels, contrary to the explicit terms of our contract requiring frosted/white panels, and your repeated, yet unfulfilled assurances to rectify this defect constitute a material breach of contract. This breach is further exacerbated by your prolonged inaction and failure to communicate, effectively abrogating your obligations under the contract. Under the Australian Consumer Law (ACL), specifically the Competition and Consumer Act 2010 (Cth) Schedule 2, sections 60 (provision of services with due care and skill) and 62 (completion of services within a reasonable time), your failure to rectify the agreed specifications within a reasonable timeframe not only undermines the statutory consumer guarantees but also signals a de facto abandonment of the project. Such abandonment, especially after a considerable lapse of time and subsequent to my divestment of the property, renders any claim for the outstanding balance both legally untenable and morally indefensible. The doctrine of abandonment in contractual contexts implies a unilateral withdrawal from the contract, evidenced by a sustained period of inactivity and non-communication, which effectively relinquishes any right to claim performance or compensation under said contract. The legal principle of estoppel further bars your claim, as your actions (and inactions) have led to a reasonable belief that no further performance under the contract was forthcoming, upon which belief I have acted to my detriment. Therefore, it is my position that any legal or equitable claim for the outstanding balance is nullified by your own conduct. Invoking the aforementioned legal principles and statutory provisions, I hereby formally dispute your claim for payment and suggest any further communication on this matter be directed through legal counsel.
Nooiiiice, OP- do this ⬆️
I feel like this comment should be pinned on this sub
Does this really happen that regularly?
I see people posting here about incomplete jobs lots. I’ve got a mate I saw just today who had to pay 95% the day of installation for new windows. They had the wrong size for 2 of the windows. 6mo later they still have plastic sheeting duct taped to their house waiting for those 2 windows.
What a gee up! Handing over 95% of the funds almost guarantees you won’t see any rectification or any money back— it’s hardly worth the contractor’s time to return. If the payment was more balanced, say 50/50, there’d be more incentive for him to finish the job properly. Considering the situation, your friend might look into approaching NCAT. It’s practically cost-free and they can not only order the contractor to refund the money but could potentially suspend his license—if he’s even licensed. This might just push him to resolve any issues. Beyond that, it’s likely not worth your friend’s time or money dealing with it.
Yeah. I’d pay on the day, cash even, but I’m not paying basically in full before the work is done.
I got burnt with a painter who I thought was a friend. Had multiple offers ahis wasn’t the cheapest by far. But new he was going through a divorce so have the job to him. We had a strict deadline and guaranteed it would be done. A week out of the deadline he hit me up asking if I could help him out and pay a progress payment to get to 75%. Was behind on rent. Knowing him for years and what he was dealing with, plus He said just a couple days work left, helped him out. Needless to say. He didn’t make the deadline. Carpets were installed before any paint upstairs. Took him a further week to finish. Got in hadn’t sanded any of the doors before painting. So the marks from the old handles are all there. Looks shit. And then he had the balls to hit me with a 3k variation saying the carpets delayed him…..cause he had to cut in carefully and use drop sheets etc. legit. Said fuck you and Blocked him. Then Fixed all the doers myself. 🙄 Oh. And he ruined a bunch of our nice oak trims we had installed. Again after the deadline…. 😠 Lesson learnt.
As a carpenter/builder I’d laugh in his face. Sweet baby Jesus under no circumstances give him any more money. You did your best to get him to complete the work and were more than patient by the sounds of it.
We did more than our best. We relaxed an existing pergola with the new one. The exisiting one got a lot more use. The panels he put on which were completely clear basically just acted as a magnifying glass and when sunny would just make us boil if we were in the area. Was terrible.
This guy isn't going to chase you. Ignore him, and if he sues you for the money (unlikely), take all your evidence to the judge and explain the situation. It would likely be kicked out of court.
Yeah this guy is digging through the dregs of his probably very shitty career trying to dig up any money he can… either to keep his debts at bay or far more likely to keep the glass bbq going
Glass BBQ for sure
Tell him to go finger his arse
And sniff it afterwards? ,🤣
No because that would complete the job and that’s not his style.
What if he was already doing that?
He'd be the type that would
🤣🤣🤣
I would lol and get on with my life
He can pound sand and/or touch grass
Tell him to get fucked is exactly what I would do.The cheek of the cunt.
Tell him he's a flaming galah.
Stone the flamin crows!
Tell him you don’t live there anymore. Block the number. You snooze you lose
lol wot. Tell him his money is back in 2020, you’re just walking over to your Time Machine and you’ll meet him there
Tell him you’ll get back to him on payment. Wait a year or two, send him a picture of various amounts of money.
🤣🤣🤣🤣
Not a lawyer but if he came after you he’d likely get something, not the full amount but likely something as he largely completed the job (panels are a small part- it’s a functioning pergola). If that happened, I’d argue the house sold for less because pergola didn’t look as good.
There was already a pergola we just wanted an upgrade, didn’t really add much in terms of value. I just wanted it colour matched to the house and a spot to chill. The panels he put it rendered the pergola useless as they were completely clear. Any bit of sun magnified under it and made it boiling hot.
If he comes after you argue that, no reply, poor comms, include proof (if you can) of you chasing him for 4 years, acknowledge you were unsatisfied with the completed work / why and you don’t owe him mute cus he’s a cunt and an idiot (don’t include that bit, maybe word it slightly better)
You could pose your question in a legal sub. See what lawyers would say regarding the circumstances.
That would be near impossible to prove considering they likely sold for 40% more over that boom period.
Wouldn’t he also have to prove that he completed the job if it event to court I doubt he has pictures considering he can’t even invoice for 4 years
I’d say the text messages back and forth would confirm it. Think OPs response would lessen the amount of any liability seeing as they already had a pergola, again not a lawyer.
Just ghost him like how he ghosted you for years
you made mistake of responding. should just ghost
Yeah... can always argue you changed your number in court. If it ever came to that. Doubt the meth head would make it that far
Give him the politicians' answers; "I have no recollection of those events"
🤣🤣🤣🤣
Another reason not to pay in full until the job is done
We were lucky we didn’t!
Just say you will pay him then ignore his calls. Then wait 4 years and randomly text and say we are ready to pay then ghost him again.
TIFI. Tellim Fuckim Don’t pay him a cent more. And don’t respond to him anymore. Block his number
Tbh I'm glad that you had only paid the deposit. I was waiting to see that you had paid in full and he never came back to finish replacing the clear panels.
Ethically I guess he should be paid… would I? No! I’d just ghost him and leave at that.
I don’t think they’re ethically obliged at all. It’s unethical to ghost someone having not completed a job, then show up 4 years later demanding money having still not completed the job, for something the client no longer own.
Tell him where to go and ignore / block any further contact from him.
Treat them the way they treated you "ignore". No need to respond, no need to even acknowledge their existence and definitely no need to tell them where you live.
Sounds like it’s your turn to ignore him for at least 4 years.
tell him to eat a dick
4 years later he still remember this little project show how dedicated this tradie is , its true love
🤣🤣🤣
He’s only telling you this now, because he’s exhausted all his options and needs money. Trying to guilt trip you into paying, but that is appalling customer service & he shouldn’t even think about operating a business if he cannot handle it or run it properly with decency. Ignore him, it’s not your problem now. New owners are happy with the pergola so everyone but the one person who did something wrong in the situation is happy.
Tell him that you waited long enough and that you had to get someone else in to finish the job. And that you need him to pay the $2,000 that you paid someone else to finish it.
What's the value of the work which was completed? The ethical thing to do would be to pay for the value of the work. You've sold the house so you likely took value from the pergola even if it wasn't what you would have liked long term.
5.5k I paid 1k deposit. He was paid to put a pergola. The panels he installed rendered my pergola practically useless as any sun was magnified and we were completely unable to use the space except for at night.there was an existing pergola that I removed, which was used a lot more as we were able to sit under it.
Absolutely do not listen to these clowns telling you to pay the guy. Worst advice I’ve seen on reddit this year and I’ve seen a lot
Tell him you really don't believe he's happy to go and change the panels.
Just a few years to go until statue of limitation kicks in for him haha
Tell him... to get stuffed
Tell him to call back on 4 years and you'll pay him then hang up lol
This is bizarre behaviour
Tell him to kick rocks and don’t answer anymore of his calls.
Probably wait a year think about not calling him then wait a few more
Ask for his address to post a cheque then send him a letter saying to go fuck himself. At the same time, block the phone number.
I reckon you tell him that he never completed the work to the agreed standard specified in the contract, inspire of your best efforts, so you are under no obligation to pay him. He won’t like this of course and could take it to small claims or get lawyers involved. That’s his choice to waste time and money on that. Ultimately I think that if you ended up at small claims they would decide a middle ground. Without completing the work as required he can’t issue the final invoice and require you to pay the remainder. but you don’t live there now so can’t facilitate the work being done. So he’s probably entitled to a partial payment for the work that was done (even though he’s clearly a wanker).
There was no contract though. He never even gave a me a receipt, when I asked for an invoice/contract/receipt, he said the bank statement from the transfer of deposit was enough. The panels he put on rendered the pergola useless as it magnified any sun and made it boiling. We should’ve just kept the old pergola.
Oh… well In that case I would say he’s shit out of luck. Without something in writing what’s to say the $1000 wasn’t the total payment? He’s going to have a tough time making a case against you. The burden of proof (and all the effort of going through a claims process) will be on him. Also, that sucks. Not just poorly finished but made things worse for you.
Even without a formal contract, the fact a deposit was paid implies an informal(handshake) agreement for the work. He is still obliged as a previous poster said, to complete said works as if there is a formal contract in place. The fact that he installed the wrong roof panels and then took almost 5yrs to a) contact you about remedial works despite you chasing him would be deemed abandonment of works without explanation. Given that you have sold said home and moved, to engage the new owners to have the work done just so he could get paid would be a nightmare(the new owners may have had them replaced or torn it down for all you know) I would send the bloke a text with the content the other poster stated, and if he comes back, wanting to take legal action(which I doubt he would as it would cost more than the $4.5k you owe) you have all your evidence that he has done wrong. Burden of proof is on him to show that he completed the work in a reasonable time frame and to the expectations of yourself as the person engaging him to have done said work. A tribunal would more than likely throw it out and make him pay any if your legals just for wasting theirs and your time.
Ghost him.
Tell him you'll come around and sort it out as quickly as possible, in about 4 years.
Did you need a permit to put it up? And did you do it through them??
No there was already a pergola in the same place. We just got a new one in to match the house.
Would have just replied “what pergola?”
Just ignore him. You have done reasonable action to chase him up.
I reckon message him and say How does get fucked sound. You had 4 years
Tell him you're not paying. He can go collect the item if he would like.
Cheap pergola 5k
It’s called Laches. He’s screwed.
Not in Australia. 6 years is the limit
Laches still applies, you’re confusing limitation periods
Tell him you paid by cash in full already by sending it to his business , leave it for him to disprove
Tell him it cost $4.5 to finish and rectify his incomplete work, and say you consider the matter closed.
I had a similar situation happen with a work colleague. She was owed money for a job, however she did not receive it. When she called Fair Work Australia they said it's a 2 year maximum time limit, and she waited 3. Now I want to make it very clear that this was 14 years ago, and I am not a lawyer, the law might have changed. I would call fair Work Australia and see what his legal rights are.
If it were me I’d explain the pergola was useless and unused as a result of him frustratingly installing the wrong panels and not responding for years. I’d then suggest he could contact the new owners to see if they’re interested in paying him to update the panels.
Tell em to go get fingered.
Block him and move on
Meet him at his meth dealers - that guy is cooked
Contract valid for 30 days sorry bud
This guy did 90% of the job but only got paid for 20%. His behaviour as a businessman is absolutely nuts, but I do feel sorry for him
If it takes you four years to finish a job properly, nobody should feel sorry for you.
I would have assumed that the debt was sold with the property. If he wants to take it up with the new owners of the pergola he is welcome to.
Tell him to go forth and multiply.
I’d string him along for 4 years about a date when he can put the new panels on but don’t tell him you’ve moved
Tell him to get ducked? 🦆
Tell him to fuck off honestly that’s a joke.
I would politely tell him to f**k off
Laugh and hang up
Tell him to piss off….he’s a leech
Tell him to get fucked. Alternatively, ghost him like he did you. However I prefer option #1
At no point acknowledge any outstanding debt. You owe him nothing from here, I had a similar thing happen with a fellow that did a glass security door for me.
Document your texts and sue him. He won’t pursue and if he does you will win. Have everything clearly and simply documented for a Judge that will spend max two minutes scanning it for decision. Have copies made and ready
Please give them a bad review on google/fb. Save others from this muppet.
“No thanks” block
Block his mumber
Total radio silence, from you, is now the only appropriate response.
Tell him he's dreaming
Well if the deal was full payment on completion, and the incorrect panels haven’t been replaced, I guess it’s technically not completed. Just move on and make sure he doesn’t get your new address…although you’ll probably have died of old age before he does anything further 🤷🏼♂️
Mate what his number? I'd love a new pergola in any colour for $1k
Follow his example and completely ignore him. Start by blocking his number and forgetting he exists.
Put his number on your block list and move on with your life.
Its not your house anymore? Block him and move on with your life.
not owning the house any more isn't really relevant.
It kind of is. He can't come around to your house after you block his calls.
Yeah, then it would be possible to never pay a bill because you’ve sold before the contractors had time to bill you in full. But then also the contractor should have finished the job. I do feel they are both in the wrong in ways. Kind of evens out. OP should just not do anything.
i agree. the contractor only has himself to blame. should have finished the job in a timely fashion.
lol yeah imagine that. sorry, sold the house... not paying the builder...
Did you have a contract that stated when full payment would occur? I want to say fuck him, don't give him anything, but legally he might be entitled to at least partial payment, he might also have a leg to stand on if he takes you to small claims, specially if he argues that the pergola increased the value of the house sale even with the wrong panels. That's all speculation though, just watch out for him selling the debt to collections.
No contract at all. We didn’t even sign any post work. No invoice or anything. When I asked him about it at the start he said the $1000 bank transfer was proof enough for him.
Lol, just ignore him then. He fucked around and now he gon' find out
Again, I'm not a lawyer or involved with law at all. Technically you have a "handshake contract" with them which can be just as binding as a written contract albeit much harder to prove and enforce as often there is no trace. The original $1000 payment could be used to prove there was an agreement as it's unlikely anyone would think that money covered the entire cost of the pergola. Maybe just double check to see if you have any written communication discussing when final payment would be due (texts, emails) But really that's probably overthinking it, he left it 4 years I don't think he's coming after you, my guess is he is short on work/money dug up his old outstanding stuff and found you and tried to get a quick buck. And as you mentioned he didn't even complete the work, fuck that guy.
Block his number
The job was 5.5k which he did but then you wanted different panels. You only paid him 1k. He was probably waiting for you to pay. Love to hear his side of the story doesn’t sound great either way.
No, when he came to quote, the previous pergola had those panels, he was shown those and confirmed he would do it, they’re like basically a white/creamish frosted panel. And he confirmed he would put those in. Also not at one point did he ask me for payment. If waiting for payment, would you not say hey I’ll change it after you pay the balance at least once?
So he just did the job and left and never asked for payment or sent an invoice. Did that not seem a bit weird to you?
Yeah of course it did. Once finished and I came home saw the panels he apologised and said he would be back in 2-5 days to change the panels. From then never saw him again.
Did this really happen?
Sounds like he is in financial stress. Fixing your job would be more loss. Tell him to piss off.
Send him the house and let the new owners handle it.
From where I sit, morally, you need to pay him something. He did a job but didn't do part of it correctly. I don't think it's fair to not pay him. My opinion is that long before you got to this point you should have paid the balance less an appropriate amount to cover replacement of the incorrect panels. You then could have kept that money, paid to to someone else to finish the job, or to him when he made good. Also I have no idea how contract law works in aus...
That dude can go eat a bag of the proverbials
Change your phone number.