Announcement

Collapse
No announcement yet.

Fencing contractor issue

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Fencing contractor issue

    Hi guys,

    I'll try to cut a long story short so I don't make the details too long a read, but I have an issue with a neighbour's fencing contractor and would like some advice or feedback if anyone's been through this sort of thing before.

    We were living on our 3 acre property for 2 years before a house was built next door and the new neighbour's hired a local fencing contractor to do their perimeter and horse paddock fencing. He strained from our metal personal access gate post at the back corner of our block that I used to mow the long grass strip on the other side of (due to ongoing Brown Snake issues we have with the creek there supplying them in abundance). We have star picket fencing with 90mm dia metal corner posts and strainers that's been in perfect condition until the fencer strained from it. Next door has timber split posts and heavy 300mm dia logs for corner posts with metal strainers for support. 2 weeks after he strained from our post, it and the strainer post was pulled onto a noticeable angle, causing the concrete footings to partially lift out of the ground and pulled the chain link on the gate so damn tight that I couldnt unhook the chain to open the gate. I made the neighbour aware and left her a detailed note to pass onto the fencer on how I wanted it to be fixed, so it was done properly. I requested he disconnect her fence from mine. Put in a new cnr post and strainer near mine and strain her fence from that. I asked that he pull out my Cnr post and strainer and knock the concrete off them, then reset the posts back into the ground with new concrete to restore their strength as simply pushing it straight again would compromise the strength and I didn't want to have to painfully fix the issue myself down the track due to it being someone else's fault. I said he can bridge the gap between my cnr post and hers with mesh that has slack in it in case his new strainer gets pulled off course. So the next day while I was at work the fencer simply pushed our post straight again which lasted all of 2 weeks before it was on the same lean again. It took me a few weeks more before I was able to talk to the neighbour about it.

    I contacted the neighbour and asked for the fencer's name and contact number to save her being the middle man only passing on information so to speak. I phoned him and he said he'd come back to look at it. I advised him of how I wanted it fixed again as simply pushing it straight was only a short term fix. I respectfully gave him a month to do the job but he never came. I phoned him again and he said he'd be around the next morning to look at it. That was 4 weeks ago and he never turned up.

    At this point I'm really ticked off with this bloke because he's fobbing me off and clearly has no intensions of fixing the issue. I spoke to neighbour about it on the weekend and she said all her fencing has moved significantly and just put it down to the weather causing soil movement. I just personally think he's a crap fencer and probably has to fix up almost every job he does. He'd been back at her place fixing her fencing on and off I was told. I advised her that I was going to send the fencing contractor a long, detailed text msg which I did do. I explained in writing of what I wanted done exactly and pointed out the times he's never turned up and never contacted me after my phone calls to him. I put in my text that if its not fixed to an acceptable standard then he'll be doing the job all over again and that I was giving him until the C.O.B Monday to respond or I'm reporting him to the ACCC because it's my right as a consumer to have my Cnr post fixed to be exactly the way it was before he damaged it. The neighbours said they'd contact him as well and ask that he fixes it as per my request.

    Given the form of this guy I'm not expecting him to contact me at all. I know if I call him again he'll give me the old, "Yeah, I'll pop around tomorrow to look at it" and never turn up again. I just want this issue resolved instead of it dragging on to no end.

    What's your advice on what my next move should be if he predictably doesn't contact me by tomorrow arve, and are the ACCC worth contacting or would they just sit on it for months before they get to it due to a full-on workload of complaints they have to get through. I know it'd be difficult for them too when they're just outsiders to the issues put before them and there'd be a lot of liars out there and many times they'd get two entirely different stories from both parties.
    2005 120 series V6 Grande, 2 inch susp lift (King/EFS combo), 32 inch MT’s, Safari Snorkel, rear diff lock, breathers, Light Force spotlights, UHF, dual batteries.

  • #2
    Start posting his shit work all over facebook.
    Tag it more shit work by dickhead fencer what ever his name is do not let this turn out on your property.
    If hes ####ed it twice all ready its not likely hes going to get it right. You know your going to be fixing it yourself in the end what ever happens.
    Punch him up.
    I got myself some Big Horn Maxxis and was telling my landrover lover mate he said what size did you get I told him 265/75/16 he said I didn't know they came that small.

    Comment


    • #3
      Does he have a BSA licence? He should. Talk to the BSA. Unfortunately your neighbour is going to have to get involved but the BSA will point you in the right direction.
      My 150 build - http://www.pradopoint.com/showthread.php?27423-A-Random-approach-to-a-Bluestorm-150-GXL-D4D-automatic

      Comment


      • #4
        Pradosteve97...I second that!

        Brett1979...you know yourself that you won't be expecting him to contact you at all, so start taking action now. Naming and shaming this scum on social media would be a good start.

        Comment


        • #5
          Unfortunately I think you will be fixing it yourself. I don't think it is right but this so called tradesman has shown his true colours. Pursue it through your relevant Dept of Fair Trading but you may have difficulties as you are not the person who has the contract with the fencer.

          Comment


          • #6
            You also can send him registered mail with your demands. Give him 7 days to rectify otherwise you will be having another contractor repair said fences. You will then pursue him civilly for said costs.
            I'd also be contacting any licensing boards involved and also local council. They will possibly be interested.
            The longer it goes the more he will get away with it.

            Comment


            • #7
              As said above,give him written notice.
              Then get it repaired properly and chase the amount through Fair trading and small claims tribunal.
              You should send it normal mail not registered.
              If he sees who its from he can decline signing for it.
              Normal mail is acceptable with letter of demands to tenants in a rent dispute so should be ok for this too.
              Cruicify the prick so he cant shaft others,if everyone lets him get away with it he wins.
              His address would be good to know .

              Comment


              • #8
                It makes it awkward with the new neighbors.

                Comment


                • #9
                  Avoid social media for naming and shaming. It wont help your case if you want to go to court...
                  Save the facebook posts 'till ufter the problem is rectified.
                  Spilsy
                  Today is the tomorrow you were shitting yourself about yesterday - Billy Thorpe

                  Comment


                  • #10
                    The applicable legislation for this dispute/situation appears to be the described quite well at the following link:

                    http://www.qcat.qld.gov.au/using-qca...fence-disputes

                    From 1 November 2011 the Neighbourhood Disputes (Dividing Fences and Trees) Act2011 formerly known as Neighbourhood Disputes Resolution Act 2011, will provide new options for resolving dividing fence disputes.

                    I hope that helps.

                    SE Qld: GX 150GD Auto, (Feb'16 build): TJM T15 steel b bar, 9,500lb TORQ winch, TJM s steps, Rhino Pioneer Platform (42102B 1928X1236mm), front recovery points, Wynnum towbar, P3 brake controller, TNN Underbody guards, UHF, TREKtable & LED striplight, Custom Fridge & Drawers, Waeco CFX50, 9inch illuminator 160W LED spots, 40mm lifted Dobinson Suspension (Zordo's), ScanguageII, 30 Sec Wing Awning

                    Comment


                    • #11
                      Originally posted by brogers View Post
                      The applicable legislation for this dispute/situation appears to be the described quite well at the following link:

                      http://www.qcat.qld.gov.au/using-qca...fence-disputes

                      From 1 November 2011 the Neighbourhood Disputes (Dividing Fences and Trees) Act2011 formerly known as Neighbourhood Disputes Resolution Act 2011, will provide new options for resolving dividing fence disputes.

                      I hope that helps.

                      The issue for Brett is that he wishes for the dispute to remain with the fencer. To go down the QCAT path requires him to be in dispute with the neighbour which at this point he is not. The issue could be mediated by QCAT as a dispute regarding the neighbour damaging a shared boundary fence but He would be require to raise it as a dispute with the neighbour. The next problem is the contract if there is one will be between the neighbour and fencer so would make a civil claim with the fencer difficult. Further as the QBCC don't licence fencers they won't be interested.
                      I can only see the outcome being between Brett and neighbour and most likely an effort involving getting to know the neighbour by sharing a shovel and crowbar followed by a beer however you could first have the beer.
                      Good luck
                      New 2015 150s GX 5 seater with floor mats, towbar and a big wish list
                      Previously a 2004 120s 1KZ GX silver manual with stuff
                      before that a 1996 RV6 90S with lots of gear

                      Comment


                      • #12
                        +1 for Rags solution. Probably quicker and you end up with the job done properly. Then let everyone in the area know the contractor is a dodgy bastard that does shit work and won't rectify it. Local and social media is your friend for that along with the local grapevine.
                        1997 petrol auto, 430 000km. Still going strong.
                        2004 petrol auto, 233 000km. Cracked dash and no help from Toyota!

                        Comment


                        • #13
                          https://www.qbcc.qld.gov.au/sites/de...nstruction.pdf
                          My 150 build - http://www.pradopoint.com/showthread.php?27423-A-Random-approach-to-a-Bluestorm-150-GXL-D4D-automatic

                          Comment


                          • #14
                            It is interesting that this form is on the QBCC web page given that it is an out of date form under the guise of the former BSA, disbanded with the commencement of the commission
                            New 2015 150s GX 5 seater with floor mats, towbar and a big wish list
                            Previously a 2004 120s 1KZ GX silver manual with stuff
                            before that a 1996 RV6 90S with lots of gear

                            Comment


                            • #15
                              Originally posted by clarkie383 View Post
                              As said above,give him written notice.
                              Then get it repaired properly and chase the amount through Fair trading and small claims tribunal.
                              You should send it normal mail not registered.
                              If he sees who its from he can decline signing for it.
                              Normal mail is acceptable with letter of demands to tenants in a rent dispute so should be ok for this too.
                              Cruicify the prick so he cant shaft others,if everyone lets him get away with it he wins.
                              His address would be good to know .
                              This is not a rent dispute.. Normal mail will simply be read and disposed of, and you have NIL proof you even sent something (that amazingly he will never have seen before when asked). A mediator (Before civil hearing) will inquire as to why you have not notified him or attempted to.. Registered mail is your best bet to start with so you can answer the question as to what efforts you have made..

                              Comment

                              Working...
                              X