[anothertrekker]

Hi,

Bought a house not too long ago and decided to renovate the kitchen. Engaged a guy who fits kitchen based on recommendation. Paid him the required deposit in May. No work has started in the kitchen. What is making me more unhappy is the fact that he doesn't communicate with me. I have been very patient with him, doing all the calling to find out what's going on but my patience wearing out.

In building contracts, we consumers are required to settle invoices promptly. If not, a consumer may incur an interest. Are there any laws in NZ that protect consumers i.e. if work doesn't start after deposit if received after a certain time, then the customer has the right to get a full refund?

Thanks!

[dbonnett]

You should have recourse under the Consumer Guarantees Act - http://www.consumeraffairs.govt.nz/consumerinfo/cga/index.html since you have been quoted for work and paid a deposit.

You may also have some options via the Fair Trading Act: http://www.comcom.govt.nz/FairTrading/Overview.aspx if there was any misrepresentation about the timing of the service.

Between these two, you should be able to get his attention and either get your work completed in a timely manner or get your money return promptly.

[anothertrekker]

You should have recourse under the Consumer Guarantees Act - http://www.consumeraffairs.govt.nz/consumerinfo/cga/index.html since you have been quoted for work and paid a deposit.



Read the Consumer Guarantee Act. How would one define "reasonable time"?

[dbonnett]

Read the Consumer Guarantee Act. How would one define "reasonable time"?

Don't you love 'weasel words'? :uhoh My expectation is, absent any overriding agreement between you and the service provider, that it would be commensurate with the complexity and duration of the work to be performed. If the job is simple (i.e. requires no off-site planning) and only expected to take a week or so, then a two month delay is not reasonable. If the job is more involved and will require months to perform, then two months could be acceptable, but not automatically.

I would see the lack of communication from the craftsman as being more significant. If he can't supply a hard date on which he will begin the work AND a date by which it will be completed, I would request that he return your money and take your business elsewhere. From what you have said, he has not communicated well - has he said anything about timing when you have asked?

Another group you might want to contact is the Citizen Advice Bureau, they provide free assistance with these sorts of issues: http://www.cab.org.nz/

Caveat, I am not a lawyer, just someone who has negotiated lots of contracts and been a service provider for many years.

[anothertrekker]

Thanks for the link. Will only use it as a last resort.

I don't like to be mean but this lack of communication (not replying emails/sms/returning phone calls/not answering valid questions i.e. what's causing the delay, when is work going to start) is, I feel, bordering on disrespect.

He is suppose to call me to arrange a meeting this afternoon because he told me the counter top I chose has to be shipped from Australia & he's not sure how long we have to wait. I paid the deposit in May. Makes me wonder when he put in the order? Don't think it takes 6 weeks to ship from OZ to NZ. Keeping me fingers crossed.