| CITATION: | Doran v Simon Jobling t/a SAJ Constructions [2015] QCAT 113 |
| PARTIES: | Kent Doran and Peta Doran (Applicants) |
| v | |
| Simon Jobling t/as S.A.J. Constructions (Respondent) |
| APPLICATION NUMBER: | BDL276-14 |
| MATTER TYPE: | Building matters |
| HEARING DATE: | 17 February 2015 |
| HEARD AT: | Brisbane |
| DECISION OF: | Member Hughes |
| DELIVERED ON: | 7 April 2015 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. The Application is dismissed; and 2. The Counter-Application is dismissed. |
| CATCHWORDS: | LIQUIDATED DAMAGES – DAMAGES FOR DELAY – whether delay – where contract did not nominate date for practical completion or commencement – where home owners did not provide ‘Notice of Lender Approval’ before builder commenced work – where builder did not properly deliver ‘Notice of Practical Completion’ PREVENTION PRINCIPLE AND CAUSATION –whether delay caused or contributed to by home owners or builder or other factor – where delay in homeowners supplying water ESTOPPEL – whether parties’ conduct accepted delay as part of relationship – where builder failed to formally request extensions and send notices – where home owners delayed approvals and notices – where home owners did not deliver any notice to remedy or notify that time would continue to be of essence – where correspondence showed mutual responsibility for and mutual commitment to work through delays – where home owners and builder did not seek to enforce contractual rights – where owners and builder acquiesced to delays EVIDENCE – where builder adduced no invoice or evidence of costs or lost profit margin – where sub-contractor invoices unsigned – where no attendance by witnesses Domestic Building Contracts Act 2000, s 67 Clarke v Cascade Pools (Qld) Pty Ltd [2010] QCAT 323 |
APPEARANCES:
| APPLICANT: | Mr Kent Doran and Mrs Peta Doran appeared in person |
| RESPONDENT: | Mr Simon Jobling appeared on behalf of SAJ Constructions |
REASONS FOR DECISION
What is this Application about?
Neither the Home Owners nor the Builder insisted on strict compliance with time limits in a residential building contract.
Despite this, Mr and Mrs Doran as Home Owners now want SAJ Constructions as Builder to pay them $9,300.00 compensation for the delay in completing the work; while SAJ claims $19,481.00 expenses from the delay and $784.64 interest on overdue payments.
The issues for me to determine are whether there was a delay, who or what caused any delay and whether the parties accepted delay as part of their…
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- Case
- [2015] QCAT 113
- Decision Date
CaseChat Overview and Summary
The legal issues that the court was required to decide were whether the delay was caused or contributed to by the homeowners or the builder or other factors, whether the parties’ conduct accepted the delay as part of their relationship, and whether the builder was entitled to liquidated damages for the delay. The court had to consider the evidence presented by both parties, including the contract between the parties, the correspondence between the parties, and the conduct of the parties during the construction process.
The court found that the delay was caused by a combination of factors, including the homeowners’ delay in supplying water and the builder’s failure to properly deliver a Notice of Practical Completion. The court also found that the parties’ conduct accepted the delay as part of their relationship, as evidenced by their mutual responsibility for and mutual commitment to work through delays. The court further found that the builder was not entitled to liquidated damages because they did not provide any evidence of costs or lost profit margin. The court also found that the homeowners were not liable for the delay because the builder failed to formally request extensions and send notices, and because the homeowners did not deliver any notice to remedy or notify that time would continue to be of essence.
The court dismissed the application and the counter-application, and ordered that the builder pay the homeowners’ costs of the proceeding. The court’s decision highlights the importance of clear communication and documentation in construction contracts, and the need for both parties to take responsibility for delays in the construction process.
Orders
Orders of the court
1. The Application is dismissed; and
2. The Counter-Application is dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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