Copping v Strohfeldt - [2022] QCAT 195

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Copping v Strohfeldt [2022] QCAT 195

PARTIES:

JAMES WILLIAM COPPING

(applicants)

v

BRADLEY STROHFELDT

(respondent)

APPLICATION NO/S:

BDL060-20

MATTER TYPE:

Building matters

DELIVERED ON:

30 May 2022

HEARING DATE:

18 March 2022

HEARD AT:

Brisbane

DECISION OF:

Member King-Scott

ORDERS:

The Respondent is ordered to pay the Applicant the sum of $28,022.99 by 4:00 pm 30 June 2022

CATCHWORDS:

CONTRACT – GENERAL CONTRACTUAL PRINCIPLES — DISCHARGE, BREACH AND DEFENCES TO ACTIONS FOR BREACH – REPUDIATION AND NON-PERFORMANCE – whether notice of intention to terminate contract complied with – what is sufficient notice to the party in breach - Contractual right of termination - Election and rescission - wrongful repudiation.

CONTRACTS – BUILDING, ENGINEERING AND
RELATED CONTRACTS – PERFORMANCE OF WORK
where parties entered into a building contract for
construction of a house – whether practical completion reached – where builder unable to complete steps for practical completion as locked out - where directions to rectify defective work – whether builder failed to carry out building works in an appropriate and skilful way and with reasonable care and skill in breach of contract –

Building Act 1975
Queensland Civil and Administrative Tribunal Act 2009 (Qld)
Queensland Building and Construction Commission Act 1991 (Qld)

Carr v JA Berriman Pty Ltd (1953) 89 CLR 327.

Centreplex Pty Ltd v Noah’s Rosehill Waters Pty Ltd [2019] WASC 252

Earth & General Contracts Ltd v Manchester Corporation (1958) 108 LJ 665.

Freedom Homes Pty Ltdv Botros & Anor (2000) 2 Qd R 377
Hoenig v Issacs (1952) 2 All E R 176

Hounslow LBC v Twickenham Garden Developments Ltd [1971] 1 Ch 233
Hudson’s Building and Engineering Contracts 12^th ed paragraph 8-045
Joshua Henshaw & Sons v Rochdale Corporation [1944] KB 381

McDonald v Dennys Lascelles Ltd (1933) 48 CLR 457 at 476

Minion v. Graystone Pty Ltd (1990) 1 Qd R 157

Roberts v Bury Commissioners (1870) LR 4 CP 755

Ross T. Smyth & Co. Ltd. v. T. D. Bailey, Son & Co. [1940] 3 All E.R. 60
Rubel Bronze & Metal Co Ltd v Vos [1918] 1 KB 315
Shepherd v Felt & Textiles of Australia Ltd (1931) 45 CLR 359
Sunbird Plaza Pty Ltd v Maloney (1988) 166 CLR 245

United Petroleum Pty Ltd v 7-Eleven Stores Pty Ltd (2013) 1 Qd R 272

White Industries (Qld) Pty Ltd (1990) QSC 10

APPEARANCES & REPRESENTATION:

Applicant:

Self represented

Respondent:

Self represented

REASONS FOR DECISION

Introduction

[1] This is a building dispute arising from the construction of our house at Erakala, a township situated northwest of Mackay. The applicant, James Copping is the builder, the respondent, Bradley Strohfeldt, the owner.
[2] The parties entered into a Queensland Building and Construction Commission New Home Construction Contract which is dated 2 July 2018. The contract price was $368,790.00. The date of practical completion was stated to be 3 December 2018. It was a term of the contract that the owner would be responsible for all…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Copping v Strohfeldt

Details

AGLC: Copping v Strohfeldt [2022] QCAT 195
Case: [2022] QCAT 195
Decision Date

CaseChat Overview and Summary

The matter is a building dispute between James Copping, the builder, and Bradley Strohfeldt, the homeowner. The dispute arose out of the construction of a house at Erakala, northwest of Mackay. The parties entered into a Queensland Building and Construction Commission New Home Construction Contract dated 2 July 2018. The contract price was $368,790.00. The date of practical completion was stated to be 3 December 2018. The builder’s claim is for the unpaid sum of $37,801.00 being the final progress payment plus filing fees of $345.80. The owner has cross claimed $18,925.00, essentially a setoff of the owner’s claim of $58,244 against the builder’s claim. The $58,244.00 comprises $28,256.34 for credit on prime cost items, $3,079.46 credit for owner supplied items, credit of $17,486.50 for items not supplied but quoted for and $9,422.00 credit for costs to rectify damage due to floor repairs. The owner has also claimed liquidated damages for delay in the Response and/or Counter Application filed by the owner. The dispute has been the subject of several Queensland Building and Construction Commission (the Commission) complaints in relation to the defects and incomplete work. The first complaint was 10 June 2019, it did not progress because the Commission considered the contract had not been validly terminated. The second complaint was made on 23 July 2019 and the third complaint was lodged on 17 October 2019. The Tribunal found that the owner had not established a proper basis for termination of the Contract either at common law or pursuant to the terms of the Contract. The Tribunal found that the owner had wrongfully terminated the contract. The Tribunal found that the builder was entitled to the final progress payment of $37,801.00 less credit for items purchased by the owner and items not supplied but quoted for. The Tribunal found that the owner was entitled to a credit of $4,610.00 for defects. The Tribunal ordered the owner to pay the builder the sum of $28,022.99.

Orders