Crea v Bedrock Construction and Development Pty Ltd; Bedrock Construction and Development Pty Ltd v Crea

The case involves Anthony Crea, the plaintiff, and Bedrock Construction and Development Pty Ltd, the defendant. The dispute pertains to a contract for the construction of a restaurant, where Crea took possession of the site on 22 April 2016, and the defects liability period commenced. The primary legal issues revolve around the interpretation of the contract, the obligation to rectify defects, and the entitlement to payment for variations and delay costs. The court was tasked with determining whether the contract was executed on 22 December 2015 or 6 January 2016, as well as resolving disputes concerning the rectification of defects, variations, and delay costs.

The court examined the contract's execution date and found that it was executed sometime between 22 December 2015 and 6 January 2016. It then considered the obligations under the contract, including the requirement for the Architect to issue a Notice of Practical Completion and the obligation of Bedrock to rectify defects. The court also addressed the progress payments made by Crea, the defects lists issued by the Architect, and the rectification works carried out by the sub-contractors. The court concluded that the contract was executed within the specified timeframe and that the Architect's failure to issue a Notice of Practical Completion did not absolve Bedrock of its obligations.

The court adopted the Arbitrator’s Award, finding Crea entitled to $95,599.70 (excl GST) for rectification costs for defects, and Bedrock entitled to $76,038.12 (excl GST) for the agreed balance on progress claims, variations, and delay costs. The court adjusted certain items in the Arbitrator’s Award and dismissed the defendant's cross-claim against C&N Group (Aust) Pty Ltd. The court directed the parties to address the question of costs and interest.

The final orders included a judgment for the plaintiff in the sum of $105,159.67 (incl GST), a judgment for the defendant on its cross-claim in the sum of $83,641.93 (incl GST), and the dismissal of the defendant’s cross-claim against C&N Group (Aust) Pty Ltd. The court scheduled a hearing to address the costs and interest.