Doble v The Trustee for Sun Grow Solar Unit Trust t/a Sun Grow Solar

[2023] QCAT 495

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Doble v The Trustee for Sun Grow Solar Unit Trust t/a Sun Grow Solar [2023] QCAT 495

PARTIES:

WILLIAM DOBLE

(applicant)

v

THE TRUSTEE FOR THE SUN GROW SOLAR UNIT TRUST T/A SUN GROW SOLAR

(respondent)

APPLICATION NO/S:

BDL 189-21

MATTER TYPE:

Building matters

DELIVERED ON:

19 December 2023

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member King-Scott

ORDERS:

Respondent pay the Applicant the sum of $15,441.98 comprising damages of $14,121,98 and costs of $660.00 by 4:00 pm on 19 January 2024 

CATCHWORDS:

CONTRACTS – BUILDING, ENGINEERING AND

RELATED CONTRACTS – OTHER MATTERS – builder damaged roof while fixing solar panels

Queensland Civil and Administrative Tribunal Act 2009 (Qld)

APPEARANCES & REPRESENTATION: This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld)

REASONS FOR DECISION

1. The Applicant homeowner engaged the Respondent to erect solar panels on the roof of his home at Cranbrook. The contract dated 25 June 2020 was for $13,686.36. The homeowner’s contribution was $7,755.00, the balance being a government subsidy. 

2. The Respondent supplied 40 solar panels and these were erected by a sub-contractor. Work commenced on 24 July 2020 and was completed on 28 August 2020.

3. Shortly after installation water commenced to leak through the roof into a number of rooms.

4. On 2 June 2021 an inspection was carried out by an inspector from the Queensland Building and Construction Commission. The report of the inspector dated 9 June 2021 found numerous incidents of defective work.

5. A Direction to Rectify was issued on 9 June 2021, which the Respondent did not comply with. There were 18 defective items which, generally were described as follows:

   1.The Contractor has not installed the L-brackets of the roof solar panels in accordance with the manufacturer's installation guide and AS/NZS 5033-2014: Installation and safety requirements for photovoltaic (PV) arrays in that roof water is allowed to penetrate into the dwelling resulting in consequential damage being caused to the plasterboard ceiling in various locations in the Living room of the dwelling.

6. The remaining items relate to other rooms in the house all from the same cause, namely, defective attachment of the L brackets.

7. Despite numerous requests the Respondent has refused to attend to rectify the damage, nor has it complied with the directions of this Tribunal.

8. The Applicant has had the roof repaired. The costs he claims as damages as follows:

   (a)Excess on his YOUI insurance policy   $2,500.00

   (b)Roofing repairs - materials  $8,949.34

   (c)Roofing repairs – balance of materials  $1,190.40

   (d)Roofing repairs – touch up paint  $674.44

   (e)Main roofer  $1,000.00

   (f)Labour  $1,800.00

   Total  $14,121,98

9. I am satisfied the repairs were incurred and reasonable.

10. The Applicant, also incurred costs being:

    (a)Filing fee   $385.00

    (b)Service fees         14/10/22  $137.50

    (c)Service fees         1/11/22  $137.50

    Total  $660.00

11. I order the Respondent pay the Applicant the sum of $15,441.98 comprising damages of $14,121,98 and costs of $660.00 by 4:00 pm on 19 January 2024  .