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PLUMBING CONNECTION
SUMMER 2015
ROBERT’S TOP TIPS
When working for a builder
∫
Know your client
∫
Keep communication lines open at all times and if the owner has
a hands on roll in the work, maintain ongoing communications
with him
∫
If the builder is not performing in a professional manner, then you
may suffer repercussions. I have found that every time a builder
has performed badly, the plumbers have not been paid
∫
If you are working for a builder make sure that you are aware of his
payment methods
∫
It is important that you receive prompt payments for your work.
If the builder doesn’t have the finances, then all the signed paper
contracts under the sun aren’t going to help you
∫
Most builders are happy with their team; ask yourself the
question, why is he shopping around?
∫
Ask around, suppliers are often a good source of information
when it comes to builders
∫
Have everything written up in a contract
∫
Do not just work off the quote
When the end-user is the client
∫
Communicate everything clearly and concisely
∫
Be professional at all times
∫
Type up quotes and job descriptions on letterheads, not just a
scrap bit of paper
∫
Keep them informed of any problems or changes that may arise
∫
It’s worth taking the hour to go back and look at a complaint
rather than to spend 6 or 7 hours in VCAT and the associated
legal costs later down the track. I have often seen that one or two
defective items blow out to 20 defective items once the owner
calls in a building consultant.
of them had spent $150,000 in the preliminary preparation,
whereas I believe that the work could be rectified for
$75,000. In the end each team was working to try and
present a case which would allow them to win the legal
costs, not just the rectification costs. The matter was
settled on the court steps with no winner (only the legal
team).
I was recently asked to assess a partial roof installation
which was carried out by the plumber on a verbal instruction.
The plumber had carried out the work with a perception
as to what would be accepted for the charge out rate. The
plumber had worked for the builder previously, and had
carried out work on a ‘do and charge’ rate which he believed
would still be acceptable to the builder for this additional
work. When I was employed, the matter had made it to VCAT
with additional costs for both parties. The amount in dispute
was less than a day in VCAT. This matter could have easily
been settled with mediation.
I mentioned the costs of VCAT, these are as follows:
∫ Application costs
∫ Court costs
∫ Your time and the expert’s time for the mediation
∫ Your time, the expert’s time and maybe the legal reps’
time for the Compulsory Conference
∫ Your time, the expert’s time and the legal reps’ time for
the hearing
∫ Your time lost in meetings and corresponding with your
legal team
These are all costs, either monetary, time or aggravation
costs. The mediation and hearings quite often require legal
people to attend to represent the parties.
ADVICE FOR PLUMBERS
“It’s up to the plumber to communicate to the owner
and let them know what’s happening, because you can find
yourself in the situation where you’re the only one taken to
court, particularly if the builder has gone out of business or
has disappeared.”
Robert also advises that if you are working for a builder,
then you have to get to know him. You need to know how
or if he pays, and ask questions like: Is he financial? Has he
encountered problems with other jobs he’s done? Why is he
shopping around for plumbers?
If you do find yourself in the unfortunate situation of
having to deal with meditation Robert suggests:
∫ Ensure that both sides (the contractor and the client)
understand that there will have to be a compromise
∫ Even if you go to court it is rare to obtain greater than 60%
of what you are claiming, and then you still have to allow
for your time and your legal costs
∫ Ensure that the mediator is impartial and understands the
trade
∫ Ensure that the mediator is certified (trained).
After plumbing, Robert Quick turned his hand to mediation
and arbitration as well as expert witness work.
COVER STORY:
RESOLVING DISPUTES