Anybody see Campbell Live tonight 2/4, The guy digging up the supermarket carpark

[JimO]

im not sure of the legalities but i think he will be paying to reinstate the carpark wether he gets paid for doing it the first time or not

[scrivy]

im not sure of the legalities but i think he will be paying to reinstate the carpark wether he gets paid for doing it the first time or not

Won't a romalpa clause stand?? It's still legally his until paid for??

[HenryDorsetCase]

Won't a romalpa clause stand?? It's still legally his until paid for??

Y'all need to look at your terms of trade. Fun Fact: Romalpa clauses went away with the advent of the Personal Property Securities Act and Register in (IIRC) 2006. The concept of retention of title still stands but to enforce it you need a registered security interest blahdeblah... rigmarole. but big companies do it all the time.

It seems to me this guy has just done the stupidest thing he could have done. he is probably a subbie and there are no "pay if paid" or "pay when paid" clauses in construction contracts (which it appears this is). There is a disputes regime.

We have only heard him bleating "I have not been paid" but not why: there could be any number of reasons why: He could have fucked it up somehow (it happens). He could have found when prepping the job that he had to dig an extra metre of shit out before compacting and the developer when confronted with the bill for digging and trucking and dumping and fill said "Mate, your quote your problem".

What he has guaranteed is that he will never see the money he is owed, and he will get the bill for rectification. Depending on his exposure to this job it might be the end of his business.

We only know what he has done, half the story.*

*by the way there is every likelihood the developer is a bastard. and working for countdown? good luck with that.


http://en.wikipedia.org/wiki/Aluminium_Industrie_Vaassen_BV_v_Romalpa_Aluminium _Ltd

[wtf?]

pretty much what henry said.

if he was smart all his gear would be in his 3yr old daughters name.

he may or may not get sued for rectification. legally goes bust. starts another business hiring his daughters gear on monday.

[Banditbandit]

I thought it was amusing - and a good move ...

I think he may legal be in the poo - but I don't think he gives a fuck ...

Good shit - if he does something like that, then the developers will be less likely to screw over contactors in the future ...

[HenryDorsetCase]

Good shit - if he does something like that, then the developers will be less likely to screw over contactors in the future ...

No, what will happen is that he is blacklisted, and his business will fail, and he will lose his house.

contractors get screwed over every day: this episode will change nothing.

Sure developers can be hard bastards, and its every man for himself, but him acting like a three year old is not going to get him paid.

[Banditbandit]

No, what will happen is that he is blacklisted, and his business will fail, and he will lose his house.

contractors get screwed over every day: this episode will change nothing.

Sure developers can be hard bastards, and its every man for himself, but him acting like a three year old is not going to get him paid.

Listening to what he said I think he is fully aware of all those points ... I wonder how many other developers have screwed him over ...

And why should we accept developers as hard bastards ??? And why should it be "every man for himself"? That's bullshit ... If we need developers because they improve the economy then you have to accept that developers pay for things - otherwise you're just concentrating wealth into a few hands and people like that contractor get screwed and don't benefit from the improved economy, and neither do their workers - without the contractor getting paid then neither do the workers ...

[HenryDorsetCase]

Listening to what he said I think he is fully aware of all those points ... I wonder how many other developers have screwed him over ...

And why should we accept developers as hard bastards ??? And why should it be "every man for himself"? That's bullshit ... If we need developers because they improve the economy then you have to accept that developers pay for things - otherwise you're just concentrating wealth into a few hands and people like that contractor get screwed and don't benefit from the improved economy, and neither do their workers - without the contractor getting paid then neither do the workers ...

I actually agree with you. I do have some experience in this area.

The construction contracts act provides a mechanism to resolve exactly this type of dispute. [insert comment from Mr Akzle about the pointlessness of lawyers and legal process]

there could be any number of reasons why this guy didnt get paid. Including malfeasance by the developer: but he might have no ability to pay because he has not been paid. Or the secured creditors get paid and the unsecured get fucked. Or he might not have done the job or screwed it up somehow. All we know is whats happened... but not why.

[u4ea]

We are new to ChCh but it does seem to be every man for himself here..(the drivers are freaky:mad:)Sad but true...:(

[imdying]

No, what will happen is that he is blacklisted, and his business will fail, and he will lose his house.At which point the developer may or may not get fucked in the arse and thrown from a bridge. Cue bleating from his family about how although a hard businessman (read a cunt who will fuck you over given the slightest opportunity), he was really a warm friendly family man who did Santa for Rotary or some such shit. I hope he holds his breath for a few seconds when he blows the slimey fuckers brains out his eye sockets... the exhale after that might possibly be the most satisfying moment of his entire life. People are always surprised when things like that happen, but if you beat a dog with a stick long enough, it'll bite you... no sympathy here.

[HenryDorsetCase]

At which point the developer may or may not get fucked in the arse and thrown from a bridge. Cue bleating from his family about how although a hard businessman (read a cunt who will fuck you over given the slightest opportunity), he was really a warm friendly family man who did Santa for Rotary or some such shit. I hope he holds his breath for a few seconds when he blows the slimey fuckers brains out his eye sockets... the exhale after that might possibly be the most satisfying moment of his entire life. People are always surprised when things like that happen, but if you beat a dog with a stick long enough, it'll bite you... no sympathy here.

um, ok.........

[caspernz]

At which point the developer may or may not get fucked in the arse and thrown from a bridge. Cue bleating from his family about how although a hard businessman (read a cunt who will fuck you over given the slightest opportunity), he was really a warm friendly family man who did Santa for Rotary or some such shit. I hope he holds his breath for a few seconds when he blows the slimey fuckers brains out his eye sockets... the exhale after that might possibly be the most satisfying moment of his entire life. People are always surprised when things like that happen, but if you beat a dog with a stick long enough, it'll bite you... no sympathy here.

By the time you have to resort to questionable methods to get paid, I'd venture a change in ones' line of business is in order. Many moons ago I was in business with my dad and brother, got screwed over by a building outfit owned by a dodgy fella. Long story short, we suggested to him that his wife and daughter looked rather pretty, for now... Got paid in full and never worked for that fucker again. But yeah, sucks to be put in a situation where that is the way to do business :(