LC
Liezel C

1 reviews | Active since Nov 2017

06 Nov 2017, 19:40

R30 000 and no Prefab unit for helper!

I need a Prefab unit in my yard to house my helper, her 23-year old daughter and her 6 year old grand child. The boy was blessed to get a spot at the Pure Hope school in Moreletta. Ryno Viljoen , from Starspine services visited me 11 Aug ’17 and we agreed on requirements. • Since his contract requires a 60% upfront payment, I paid R30 000 from total payable amount: R51 610. • The initial agreement was that the unit will be completed by 1 Sept. • After several, daily broken promises, I compiled a contract that we both signed. • Revised agreement was reached that the unit will be completed by 16 September. • Current status: The unit has 3 walls, is mounted on an aluminium frame, have openings where window frames and a sliding door should be fitted, a roof, without ceiling and rough wooden floor. Walls and roof have not been sealed & insulated. The unit was fixed on loose standing bricks. • Ryno is in breach of contract. Out of desperation, I verbally agreed to not enforce the agreed on penalty clause in the contract, to ensure that he has an incentive to expedite delivery. This did not serve the purpose • I have tal**** the cost of material delivered (as per detailed breakdown on quote and “constructed” on my premises and that comes to an estimated R21 900. • Material damages: Unfortunately the unit has been damaged by heavy rains, since it was not sealed and I am not sure what is completely soiled versus what can still be salvaged? • Labour costs: I am not sure what the labour cost to date would be? my parents visited the site daily and only on 1 occasion did he have a helper with him. Dont think he worked more than 5 full days in total. • Personal damages: I can’t even begin to list the subsequent damages suffered as result of him not delivering as per agreement: alternative accommodation and daily transport had to be arranged for the 3 inhabitants, my elderly father especially, suffered severe mental stress, furniture bought (ie 2 double bunk beds) that can’t be delivered and the vendor insisted on warehousing fees. • Since he is in breach of contract, did not communicate his intention and did not take basic steps to prevent damages (to material and personal), I hold him accountable for material and personal damages • So the total value delivered would be: (R21 900 PLUS labour cost), MINUS (weather damage PLUS personal damages) = herewith referred to as amount X for purposes of this communication estimated to be R17 000 • He agreed to complete work on several occasions but did not follow through. In our last conversation he mentioned that Sasol owed him R220 000(!!!) and that he had many unforeseen expenses associated with my unit • I therefore waited till month end, in the hope that Sasol will pay and he will be able to continue. This did not happen • To progress the impasse, the following options are proposed: • Due to a complete breakdown in trust I can’t foresee that he will indeed complete the unit by December 2017. • I therefore need to commission another vendor to complete the job. In addition: 1. he needs to either pay out R30 000 minus amount X:R17 000, so R13 000 to me ASAP. 2. OR deliver additional material that was supposedly manufactured specifically for this unit – steel gussets/feet to stand on, and more to the value of R8100 to me ASAP. o I will commission another vendor to complete the unit o he has to hand back the key/access to my premises

I am willing to attend a mediation session to discuss more options should these not be acceptable, but he does not take any calls or answer my mails. What can I do?

0
Replies (0)