The Deed signed between us and the builder took months, instead of weeks to complete. All the while the middle man (who doesn't like to be called a mediator), had to chase the builder constantly to keep him on track and to his end of the bargain. A serious case of deja vu, but this time we were paying someone to do it on our behalf.
We completed all of our (physical) items, while we waited for the builder to complete his list of required paperwork. This could have gone on forever, except that the looming NCAT date for the next round of hearings was fast-approaching. We applied for an extension due to our "trying to settle outside of tribunal" and were granted 2 weeks, but our second extension was knocked back due to our reasoning (if we were still trying to settle, then obviously it wasn't working, and tribunal should proceed).
We pleaded with the builder to finish up and drop his Claim. He only came back with garbage about not being able to drop the Claim due to not having a Claim... blah, blah, blah (that was almost as good as the time he claimed he didn't have a building contract with us!!!). We were now faced with having to proceed with NCAT (lawyers and all) due to the Deed not being finalised and the builder refusing to drop his Claim. After all, we couldn't drop our Claim and risk being pursued by him. We even offered that the Claim be dropped and the Deed finalised at a later date, but to no avail.
It came down to the wire on the day of Tribunal. My husband dropped everything at work, rushed into Tribunal and presented our case. Funny thing was, he (and the Arbitrator) were the only two people in the room. The builder didn't bother to show or send a representative. The Arbitrator asked my husband what we would like as an outcome and he stated he would like both Claims to be dropped. In an unusual turn of events, the Arbitrator called the builder, verified his identity and asked if he agreed to this outcome. The builder agreed, and it all ended. The end.
When my husband called me I burst into tears. You cannot imagine the relief.
We then spent the following fortnight (via the middle man) trying to get the builder to finish the final item on the Deed but the builder had washed his hands of it. No result. In the end we employed our own tradesman to organise the required inspections and resulting documentation, with a cost to us of around $500. A pretty cheap outcome, considering we no longer have anything to do with the builder, his trades, or Tribunal.
So how does the house look? Pretty awesome! We had the structual items resolved, the entire house re-plastered and re-painted, polished all of the exterior concrete surfaces, tiled the un-finished kitchen and laundry, and spent a little (well really, a lot) on beautiful blinds and cabinetry - we really wanted to do the house justice.
So what now? Onto our next adventure. The house is on the market, and in this current climate it shouldn't take long to sell. We're turning this entire experience into a positive by capitalising on the real estate boom and using the funds to trying something new. I'd even go as far as saying that if all of this hadn't happened, there wouldn't have been the catalyst to persue a big dream of mine.
Too 'peace, love and mung beans' for you??? I have to be. Otherwise this entire experience would have eaten me, my marriage and my relationships up. And that
