Burnett & Heath v Fergbilt Pty Ltd

CITATION:	Burnett & Heath v Fergbilt Pty Ltd [2015] QCAT 328
PARTIES:	Greg Burnett Jacqueline Heath (Applicant)
v
Fergbilt Pty Ltd (Respondent)

APPLICATION NUMBER: BDL275-14

MATTER TYPE: Building matters

HEARING DATE: 27 July 2015

HEARD AT: Brisbane

DECISION OF: Member Lumb

DELIVERED ON: 21 August 2015

DELIVERED AT: Brisbane

ORDERS MADE:

1.    The Respondent is ordered to rectify, within 28 days of the date of these orders the following defective or incomplete work at the Applicants’ home at Alderley, Brisbane:

a.    all ‘Alabaster’ coloured areas of the painted exterior trim and features (including stairs and windows);

b.    the cracking along the cornices on the ground floor level and the paint surface discoloration of putty finishing on those cornices;

c.    the ceiling mounted light and IXL heater in the main upstairs bathroom.

2.    The Respondent shall pay damages to the Applicants in the sum of $16,079.00 in respect of the defective concrete work in the driveway, forecourt and pedestrian pavement areas of the Applicants’ home at Alderley, Brisbane, with such sum to be paid within 28 days of the date of these orders.

3.    The Applicants are awarded costs of the proceeding in the sum of $7,181.33, with such sum to be paid by the Respondent within 28 days of the date of these orders.

CATCHWORDS:

BUILDING DISPUTE – TRIBUNAL WORK – domestic building work – alleged defective or incomplete tribunal work – rectification – damages – expert evidence

Domestic Building Contracts Act 2000 (Qld), s 8, s 41, s 44
Queensland Building and Construction Commission Act 1991 (Qld), s 75, s 77

Belgrove v Eldridge (1954) 90 CLR 613
Campbell v Kerry M Ryan Pty Ltd [2014] QCATA 58
Lyons v Dreamstarter Pty Ltd [2011] QCATA 142
Stuart Holmes and Renovations v Denton and Anor [2012] QCAT 43

APPEARANCES:

APPLICANT: Greg Burnett resprented himself and Jacqueline Heath

RESPONDENT: Craig Ferguson, director, represented Fergbilt Pty Ltd

REASONS FOR DECISION

1. By an application for domestic building disputes filed on 6 November 2014 (‘the Application’), the Applicants sought rectification or completion of alleged defective work (and costs) in relation to renovation work performed by the Respondent at the residential home owned by the Applicants situated at Alderley in Brisbane in the State of Queensland (‘the Property’).

2. The details of the alleged defective work were set out in the schedule to the Application. There were four items of work described as follows:

   a)    defective external concrete work at the front and side of the Property which has excessive cracking across 22 separate locations and, in several locations, concrete is breaking up with looser pieces of concrete coming away;

   b)    defective external painting work because the Respondent’s painter used the incorrect paint colour on windows, front stairs and features of the street facing front of the Property and the colour does not match the paint colour of the remainder of the trims and features across the Property;

   c)    defective cracking has occurred between the cornice and ceiling in several sections of the new ground floor…