Making a claim against a dodgy builder

[poidda]

As the title suggests, I've found myself in a bit of a situation with a floor company and am more than likely going to have to go down the legal route.

I had the company lay some T&G hardwood floors in my place. While doing so, they completely balls them up in a number of ways, but the major issue is they have edge binded them. This is where they glue the boards together rather than just to the subfloor. As a result within a month of laying the boards have split and separated. And as wood expands/retracts with different weather, it's anyone's guess what will happen over summer.

We don't want them stepping foot in our house again. The job they did was for $2200, but the cost of fixing the problem is more like 10K+.

So my question is. Has anyone had any experience with this process? I have spoken to the BSA and had other floor people look at it, and they both have said they don't have a chance.

Should I be seeing a solicitor first, or just start with the BSA?

[Ferrins]

You need to suss out the history of the contractor who did your crap job. If there a fly by night operation then you may be pissing up against the wall. If they have been around a while, have a building license etc, then they would have insurance to cover this balls up.

[Ferrins]

I'll ask one of my some of my clients, who are builders.

[poidda]

You need to suss out the history of the contractor who did your crap job. If there a fly by night operation then you may be pissing up against the wall. If they have been around a while, have a building license etc, then they would have insurance to cover this balls up.

Nah, they have been around for a while. BSA registered and even a member of the ATFA. (Australian Timber Floor Association)

[BrisVegas]

lodge your claim with the BSA asap. I tried, unsuccessfully, to make a claim against our builder. The BSA didn't want to know about it because I didn't lodge my complaint within 30 days of the incident occurring. I, stupidly, perservered with the builder for too long before making my claim. BSA are quite black and white about such things. IMHO, they were not the slightest bit interested in helping me once they found an 'out' from paying their obligations. Think of the BSA as an insurance company. Insurance companies will do whatever they can to avoid paying a claim, as it's in their best interests not to.

[poidda]

It actually depends on the defect. http://www.bsa.qld.gov.au/HomeOwners/Complaints/Pages/ForDefectiveWork.aspx



What is defective building work?
BSA's Rectification of Defective Work Policy provides information on the types of defective building work BSA is able to investigate and the time limits that apply to notification, and investigation, of these defects - click here (http://www.bsa.qld.gov.au/SiteCollectionDocuments/Builders_Contractors/Fact%20Sheets/Rectification%20Of%20Building%20Work%20Policy.pdf) to read the policy.

This policy provides information on: Tier 1 Defective Work (grossly defective)
Category 1 Defective Work (leaking roof, shower, health and safety issues, structural inadequacy etc)
Category 2 Defective Work (sticking doors or windows, cracking of plasterboard etc)

Timeframes for lodging a complaint with BSA
Consumers should be aware that the following timeframes apply when lodging a complaint for defective work:
Category 1 Defective Work – these complaints can be lodged anytime within 6 years 3 months after the completion of works, and should be lodged within 3 months of detecting the defect.
Category 2 Defective Work – as contractors are obliged to provide a 6 month statutory warranty for Category 2 defects from the date of practical completion of the works, consumers should not lodge a complaint until this 6 month period actually expires. They can contact the contractor and request rectification inside the 6 month period, however, the complaint form should not be lodged with BSA until the expiration of the warranty period.

Note - Consumers need to ensure they lodge a complaint form with BSA regarding any Category 2 defects no later than 7 months following the date of practical completion.