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Our new EC approved a quote for over $20K for window repairs. Since then our Strata Manager has advised the winning company is not willing to enter into a NSW Fair Trading contract for building works of $20K. Their reason being they are only repairing and not building. As chairperson I contacted Fair Trading who advised that a contract was still required regardless of whether they are repairing or building and if there was any dispute about the works if we went ahead with them, Fair Trading couldn’t intervene and the EC could be held liable.
As it was very difficult to get companies to quote on the window repairs due to the age of our complex can anyone suggest a way forward?
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I can’t comment on NSW Fair Trading requirement. You have my sympathy though about finding people prepared to do the work.
Our experience has been that it is hard to find good tradespeople prepared to do work that is more complex than handyman jobs but small beer for a builder who would rather be doing a whole new building.
The NSW Home Building Act requires any residential building works over $20K to have a contract that meets the requirements of the legislation and that a certificate of insurance be provided (home warranty insurance). Similar provisions apply in each state. Note also the contractor cannot require more than a 10% deposit.
Even smaller jobs require a basic written contract.
Under the Act residential building works includes repairs (and also things such as plumbing, electrical etc.)
Presuming the company has a licence (have you checked, including whether there are any matters recorded against them), which they are also required to have to undertake this kind of work, they would know this, and that to not have a contract in place and provide a certificate of insurance is a breach of the law.
If I were on the EC I would be very alarmed if a tradesperson refused to enter into a contract, because the OC would have no legal protection, and if something went wrong it would have no redress. In the case of the EC members, and taking into account that you have checked with Fair Trading and been told, you might well be liable if something went wrong.
Your strata manager should know this and advised you not to proceed without a contract.
i know what it is like to have difficulty finding tradesmen to do a job, but I have also been on the other side where things went badly wrong on a project. Because we had made sure that all the requirements were met, we didn’t suffer any financial loss and were able to claim on the HWI.
I did a search and there is a company called Arrow Building Services that might help you. Of course you may have already tried them. Good luck.
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