Bryant (Constructions) Pty Limited v Daniels

In *Bryant (Constructions) Pty Limited v Daniels*, the New South Wales Court of Appeal considered an appeal arising from a dispute between a building owner and a builder concerning alleged defects in a residential property. The owner sought damages for breach of contract and negligence.

The primary legal issues before the Court of Appeal were whether the trial judge had erred in finding that the builder had breached the building contract and whether the damages awarded were appropriate. Specifically, the court had to determine the extent of the builder's obligations under the contract and the principles governing the assessment of damages for defective building work.

The Court of Appeal affirmed the trial judge's findings, holding that the builder had breached the building contract by failing to construct the property in a workmanlike manner and with proper materials. The court applied the principles of contract law, emphasizing the implied term that building work would be carried out with due care and skill and would be fit for its intended purpose. The court also reviewed the principles of assessing damages, confirming that the measure of damages should place the owner in the position they would have been in had the contract been performed properly, which typically involves the cost of rectifying the defects. The appeal was dismissed.