Contek Pty Ltd v Mossop Group Pty Ltd

Contek Pty Ltd and Mossop Group Pty Ltd were involved in a legal dispute concerning the performance of work under a building contract. The case was heard by the court, which was tasked with resolving various legal issues, including whether there was an instruction or direction that constituted a variation, if certain variation claims were barred by the contract, the binding nature of an Alexander Symonds survey result, the adequacy of Contek’s standard concrete allowance, and determining a fair and reasonable measure for any additional concrete. The court was required to examine the evidence, including the specified scope of works, the method for pouring topping slabs, and the areas involved. The key issues revolved around the cost and methodology of installing the dowelled construction joints, the additional labour required, and the fairness of the variation claims.

The court's reasoning focused on the complexity and time-consuming nature of the methodology for installing the dowelled construction joints, as opposed to the simpler saw cut joints. The court agreed with Mossop’s concession that the deduction for the work involved in making the saw cut joints was excessive, thereby narrowing the dispute. The court then proceeded to determine the remaining dispute over the fair and reasonable value of the variation claim, ultimately ruling on the amount to be awarded.

In its decision, the court concluded that Mossop had succeeded on its counterclaims for the basement concrete remediation works. The court quantified the betterment at $2,000.00 ex GST, being one-third of half of the remediation costs. The court also awarded Mossop the amounts of $4,359.50 ex GST and $10,000.00 ex GST for the counterclaims B11 and B13 respectively. Furthermore, the court resolved the dispute over the variation claim for the Aldi Project, determining that the fair and reasonable value of the variation claim was $5,760.00 ex GST. The court's final orders reflected these determinations, providing a resolution to the parties' disputes.