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Thread: Civil advice.

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    Default Civil advice.

    Long storey short. We (wife MIL and I) have invested in a granny flat for said MIL
    Prior to installation the transport Truckee came to inspect the final location for the granny flat. He said he can get in there no problems.
    So forward to the delivery day, he transported the build as he said.

    Due to heavy rain the trailer slipped in wet clay based soil. And snagged on a tree coming in and minor damage has occurred. (Property is on slight slope)
    (The minor damage is not the problem.)
    Due to wettnes and leaning on a tree, the truck also got stuck and could not move foward or reverse. Eventually the truckee was able to tilt the building off but only meters from its proposed location.
    He then asked to be paid handed the bill over and drove off.
    This was Thursday just gone. Today is Sunday.
    We have not paid the truckee anything so far. The building is on uneven ground and is at risk of being damaged due to not being on a flat level foundation.
    Do we ask the truckee to come and finish the job?
    Pay him a portion of the bill as we will need a third party to come and drag/lift crane the building into its final position?
    We have since had a earthworks company look at it and they are too scared to drag it as it might bust windows or distorte it further.
    Where do we stand here? We are a really tight budget, third party to move the building will put us back around 2k on top of the original transport cost.
    Is there a legal service that can give advise without going to court etc?
    Very stressed out at this point of time. Wish there was an easy fix.

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    I think the first thing to do is contact the transport company/driver and explain how you feel about being left in the present situation and discuss options how the problem can be resolved to your mutual satisfaction/cost.

    You should give the transport driver the option to relocate the building to where it was originally agreed he was to place it... at his expense.

    If the driver is unable or unwilling to perform that work, try and get an agreement in writing with him that he pays for another company (sounds like a crane job) to perform the work.

    Determinations of this type can be handled by a civil administrative tribunal, but they can take a while to be heard and the first thing they'll advise you to do is try and come to an agreement without mediation or if that fails, a hearing.

    I'm not familiar with the WA equivalent, but it's not an expensive process in the eastern states.... just time consuming.

    Hopefully you have a written agreement/contract with the transport company/driver for the original work that was to be undertaken.

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    Who actually employed the delivery guy ?
    You or the people you bought the Granny Flat from ? Determines who you chase.
    If he was to deliver to site only, he has done his job.
    If it was to deliver and install on existing footings, get him back.

    The contract to purchase should have included delivery and installation. Footings, power and plumbing etc.

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    Dont pay a cent........he has not completed the contracted works.

    If he carries on, give him your lawyers name and leave it to them.

    Also tell him that you will be hiring another firm to complete the works and that he will bare the costs as he did not finish what he was contracted to do.

    Might make him reflect a little.
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    As far as we know neither of any party have signed or looked at a contract. We paid one company to build the transportable.
    They said they have a transporter and organised him transport the building. Once the footings were in he came and looked at the job again and said yes we can install onto footings.

    We are owner builders. MIL did the building purchase.
    I work away so I never met the Truckee. Each time he came over I was away

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    Quote Originally Posted by Reschs View Post
    Who actually employed the delivery guy ?
    You or the people you bought the Granny Flat from ? Determines who you chase.
    If he was to deliver to site only, he has done his job.
    If it was to deliver and install on existing footings, get him back.

    The contract to purchase should have included delivery and installation. Footings, power and plumbing etc.
    The builders of the building organised the transport as far as I know.
    Owner builder.

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    Quote Originally Posted by mtv View Post
    I think the first thing to do is contact the transport company/driver and explain how you feel about being left in the present situation and discuss options how the problem can be resolved to your mutual satisfaction/cost.

    You should give the transport driver the option to relocate the building to where it was originally agreed he was to place it... at his expense.

    If the driver is unable or unwilling to perform that work, try and get an agreement in writing with him that he pays for another company (sounds like a crane job) to perform the work.

    Determinations of this type can be handled by a civil administrative tribunal, but they can take a while to be heard and the first thing they'll advise you to do is try and come to an agreement without mediation or if that fails, a hearing.

    I'm not familiar with the WA equivalent, but it's not an expensive process in the eastern states.... just time consuming.

    Hopefully you have a written agreement/contract with the transport company/driver for the original work that was to be undertaken.
    My gut feeling is to call the guy ask him if is willing to rectify the situation. As you have said. If not then I'll explain to him that we will not pay him anything. It's all being verbal agreements. No paper work.

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    Quote Originally Posted by Strada916 View Post
    We paid one company to build the transportable.
    They said they have a transporter and organised him transport the building. Once the footings were in he came and looked at the job again and said yes we can install onto footings.
    That puts a different slant on things (sorry for the pun).

    The transport operator was engaged by the the builder... 'They said 'they' have a transporter, implying the transporter works for them under some agreement, so technically, it is the builder of the transportable that is responsible for the delivery.

    The transport company have failed to deliver as agreed.... onto the footings.

    As mentioned, give them the opportunity to finish the job as agreed, otherwise, withhold payment and pay another company to place the building onto the footings.

    Without a written agreement with terms and conditions clearly stated and agreed to, it becomes very messy legally, with one word against the other.

    The incentive for the builder/transporter is to finish the job and be paid, or risk not being paid at all., but it's best for you to show you have acted in good faith by giving them the opportunity to finish the job as would be reasonably expected.

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    Builder and transporter separate businesses.

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    Quote Originally Posted by Strada916 View Post
    Builder and transporter separate businesses.
    Yes, but you said the builder said 'we have a transporter'.

    Separate businesses, but the builder arranged the transport... Eg: transporter subcontracts to the builder.... is that correct?

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    Quote Originally Posted by mtv View Post
    Yes, but you said the builder said 'we have a transporter'.

    Separate businesses, but the builder arranged the transport... Eg: transporter subcontracts to the builder.... is that correct?
    As I understand it. The company who erected the granny flat only arranged the transporter day and time to collect the building.
    The transporter then engaged to inspect final location and said he could do it.
    So yes. Once home I'm going to call said truckee and try and resolve.
    At the end of the day we have not paid him yet so thinking we have a little leverage.

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    Also as mentioned we have not seen any T and Cs or signed any contract. I guess as owner builder they knew this and used it to there advantage.
    In hindsight we should of demanded or prepared a contract.

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    I would also contact the Builder and let them know what has happened.
    They would be interested to have the feedback on their recommended contractors. It reflects on them.

    Certainly give him the opportunity to complete the job before you take any action.

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    It's your obligation to ensure the ground conditions are suitable for the truck to access the site.
    If it was too wet you should have put off delivery.

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    Quote Originally Posted by hoe View Post
    It's your obligation to ensure the ground conditions are suitable for the truck to access the site.
    If it was too wet you should have put off delivery.

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    We asked the driver about rain before he delivered. He said it would be better as it would compact the ground. I don't think he realised the clay content in the soil. He even walked the area over before he backed in.

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    Last edited by Strada916; 26-06-17 at 12:52 AM.

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    Ok so. We ended up getting another company to crane it in. The original transport company I called at told him I am not paying full price and we agreed on a lesser amount. Thread closed.

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