Breach Of Contract

[tobydogger]

I signed a BSA minor works contract for the plumbing on my home with a BSA registered plumber. Prior to completion and after it was discovered he'd damaged some of my property he walked off the job without notice sending me an email later that day saying he was terminating the contract. I gave him 7 days notice to come back and complete the job or I'd have to get another plumber to complete the job. He didn't reply and I got a new plumber after 7 days who completed the job and did a great job. I've submitted a notice of offence form with the BSA but they appear to have limited jurisdiction in taking action against the plumber. Can I sue him for breach of contract? What other action can I take against him?

[Dr Freud]

Mate, you can sue anyone for anything these days:

Top 10 Bizarre or Frivolous@Lawsuits (http://listverse.com/2009/01/28/top-10-bizarre-or-frivolous-lawsuits/)

But unless you are significantly out of pocket, I wouldn't bother. But it would be prudent to complete a full and extremely detailed report (down to minutes and cents) about what has happened, as a defensive measure. Send a certified copy to the bozo, and to the plumbers registration board (or Qld equivalent) then forget about the years of painful lawyers and court action. Life is too short for he said she said arguments, which is what these invariably turn into.

But be sure to tell every person you ever see your story including his business name. Be factual about it because the truth is a 100% defence against defamation. That's the joy of being on a witness stand, you have sworn an oath to tell the truth, so you get to tell it warts and all. When his business starts drying up from clients like you, he may change his style. And maybe in the interim the regulators could actually do their jobs. :doh:.

[Bedford]

But be sure to tell every person you ever see your story including his business name.
But don't post it on the forum.

[ringtail]

Did the job involve BSA insurance ? He cant just terminate the contract - it has to be a mutual decision involving all parties. Depending on how much money you have lost, I would just let it go and bag him out to everybody and anybody ( not on the forum). The BSA are all too happy to take your insurance premium to protect you from contractors walking off the job etc... but getting them to actually do anything is another story.

[jago]

Did the job involve BSA insurance ? He cant just terminate the contract - it has to be a mutual decision involving all parties. Depending on how much money you have lost, I would just let it go and bag him out to everybody and anybody ( not on the forum). The BSA are all too happy to take your insurance premium to protect you from contractors walking off the job etc... but getting them to actually do anything is another story.


Sounds like the BSA need a bagging as well!

OP ; Did you loose money or was it more time you lost?

[Danny]

Plumbers are in short supply and there are plenty of customers. Unless you know nearly everyone in Brisbane, save your breath because bagging the guy to all and saundry will be a waste of time.

The different State regulatory bodies are all in need of a major overhaul and you are just another victim of a rundown system that allows cowboys to conduct themselves as they please.

If you find a good plumber, treat him like gold! Sounds like you struck gold with the second plumber.

[ringtail]

Not true Danny. Brisbane, despite playing host to countless defecters and expanding into the virgin bush, is still quite a small place. People talk, a lot, specially up here with all the flood carry on. There is always the six degrees of separation rule aswell. Talk to six people and one of them will know this plumber, either personally, by having work done or through another person. Word of mouth is awesome both positive and negative.

[Jamesmelbourne]

Have just seen the original thread and thought I would comment.

You have a claim actionable for damages suffered as a result of professional negligence. If you signed an exclusion clause - sorry no claim.

Your best option would be to go to (I think up there it is QCAT - Queensland Civil & Administrative Tribunal). You will need to pay a lodging fee (guestimate $50 - $100) and you claim will be given a listing date.

You should then get a judgment Order in your favour if you arrive at the hearing with all relevant evidence. Bear in mind this is a conciliatory type hearing and no lawyers allowed, which is good because they are too expensive anyway!

The trouble is then enforcing the judgment on the Respondent. If he/she does not pay up you will need to have the QCAT Orders registered in the Magistrates Court and then file a Warrant to Seize Property.

That is the cheapest and most secure way about going about compensating you for your losses.

Hope it helps.

[Jamesmelbourne]

Also, I wouldn't go publishing anything with the company name - that's not only slanderous, it's a little higher up in the defamatory hierarchy - it's categorised as liable and in fact, you can then be sued. The whole exercise would be then, somewhat pointless.

Cheers.

[intertd6]

Also, I wouldn't go publishing anything with the company name - that's not only slanderous, it's a little higher up in the defamatory hierarchy - it's categorised as liable and in fact, you can then be sued. The whole exercise would be then, somewhat pointless.

Cheers.
Only if what you claim happened is not true. If what happened is true, they can try to sue you at their peril.
regards inter

[Danny]

Also, I wouldn't go publishing anything with the company name - that's not only slanderous, it's a little higher up in the defamatory hierarchy - it's categorised as liable
Cheers.

Err, don't you mean libel?