A contractor has sent me an invoice for work above what he was to do. He removed a large bush without my consent. I was

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Customer: A contractor has sent me an invoice for work above what he was to do. He removed a large bush without my consent. I was overseas and he thought he would get away with charging me more and destruction of my property. Also he has damaged a window by using a whipper snipper which threw a rock and cracked my window. He denies that he used a whipper snipper and that he didn't damage anything. He said he just pulled the 2ft high grass. I have photos of all of this that he provided the real-estate agent before and after supposed work
JA: What state are you in? It matters because laws vary by location.
Customer: Qld
JA: What steps have you taken so far?
Customer: I have tried to talk to him but all he is doing demand payment. I sent him a text on Monday telling him that I have a picture he sent to the real-estate agent and the tree is healthy it took him 5 days to respond and he is telling to stop delaying the payment. When it took him 5days to respond
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Also on his invoices for work done he charges me for removal of green. When infact he put it oin my rubbish bin.
Answered by John Melis in 5 hours 3 years ago
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John Melis, Expert

Hi, I’m John, solicitor, and reviewing your post. I may need to ask further detail from you and thank you for assisting

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John Melis, Expert

In relation to the contractor, was there any original quote given in writing to you which explained the service that would be carried out?

Customer
No. I had a really estate agent to get the lawn mowed. As I was overseas. I have returned to see what they have donr
Customer
They didn't know when I was returning
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John Melis, Expert

May I just clarify, you did not sign any authority for the agent to act ... is that correct ?

Customer
No I did not give anything to the contractor but I did send a message to the real-estate agent to get the lawn cut
because the real-estate agent advised me that the grass was getting high nothing else.
Customer
The real-estate agent sent me the before and after photos that the contractor sent him as per my request.
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John Melis, Expert

Thank you for clarifying your point.

On your facts you will be able to dispute the invoice from the contractor, as they exceed the instruction that was provided.

Furthermore any damage that has occurred you will be able to raise a compensation claim on the same .

Your claim is able to be raised in QCAT.

You can manage this process without a lawyer, in your local tribunal, QCAT.

The QCAT process is very good to meditate disputes of this type as it forces the parties to come together to discuss the issues involved.

In most cases at mediation the matter will settle.

The matter is Civil Tenancy List.

You will be the applicant and the other party the respondent.

The important filing document is the points of claim. This document needs to be carefully drafted.

What you need to do is to write the complaint in a chronological order detailing what is the issue and what action you have taken to try and rectify the matter.

The chronological order need to be numbered with points 1, 2, 3, etc. with each point being a separate item.

I recommend that you download the application first, complete the same and then upload as required to commence the claim.

The following link will assist you further.

http://www.qcat.qld.gov.au

Would you like to consider this option.

You have a legal right to protect your interests in this important situation.

​Thank you for reaching out today.

You have a legal right to protect your interests in this important situation.

I am a user like you in this chat forum to assist in your important question today.

Thank you kindly for rating me with 5 stars, which helps me support the community.

You can come back to this post any time to ask questions without additional charge.

I hope I have assisted with answering your important question today, and thank you for supporting the community.

Customer
The answer is no
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John Melis, Expert

I posted a reply above,

I kindly request that you scroll up or look at the full question page and you will see the answer posted there

​I am here for you

Customer
How much would it cost to have a lawyer to do this for me
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John Melis, Expert

If you run the proceedings in QCAT you do not need a lawyer and you can handle the case your way

Ask a lawyer and get your legal questions answered.
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